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Hello Complaint was filed by MIDLAND CREDIT MANAGEMENT stating that 1. Plaintiff acquired, for a valuable consideration, all right, title and interest in and to the claim set forth below originally owed by defendant to Credit One Bank 2. There is due to Plaintiff from the defendant upon an assigned account the sum of $2,601.77 3. A copy of said account is attached hereto as Exhibit "A" 4. Plaintiff notified defended of the assignment and demanded that defendant pay the balance due on the account but no part of the foregoing balance has been paid Wherefore, Plaintiff prays for judgement against Defendant in the amount of $2,601.77 with interest at the statutory rate of 5% per annum from the date of judgment and cost of this action Attached was the July/August credit card statement, bill of sale and assignment of receivables from credit one bank,affidavit of credit one I filed an answer to deny with indications that amount owed is incorrect and plaintiff is not correct owner. Midland has submitted first discovery with request for admission. At this point, should I file for arbitration (which is in the agreement) or respond to discovery? I have researched this forum and am still confused.
I initiated arbitration in PRA agreed, providing a document which turned into a court order. That is attached here. I filed with the court and provided a case number from AAA. The answer for the bill of particulars is due on March 28th. Should I answer it or file a new motion to dismiss improper venue/compel arbitration instead of an answer? I'm not sure if participating in this litigation would void the arbitration clause. Case is in Virginia.
Hi from a newbie who luckily found this board! After reading sooo much for hours over the entire holiday weekend, I am still floundering on what to do- although I certainly have more of a clue than before I found it! I only have three days to file all of my responses, and I am certainly panicking! Here is a summary of my situation: I was summoned to court for a debt less than 5k from a JDB claiming they purchased the debt (HSB) in Mass in 2008 from an account supposedly entered in 2005. JDB requesting relief in amount of about 4300. I responded to the court & the jdb that: 1/ the debt was not valid & 2/ to provide the original signed agreement w/balance on account from 0-present. Instead I received a notice of case management conference. I appeared the attorney was late and it was rescheduled. Two days before this date (and received when I got home from court), JDB sent Things to Be Produced & Interrogatories, Requests for Admissions, as well as an agreement for judgment addressed to the court. In the new set of papers and in the request for judgement, they now say I owe almost 7000! What happened to 4300? I don't get it. The only "proof" they have is my name and address and the last four of an account number with HSB. I had an account with HSB previous to the date they give, with different last four of number. I want to go to arbitration and don't know if I can use the terms & conditions of the HSB account that I do have information on (account number, agreement) that which differs from what they propose. However, I am pretty certain this account was written off and is for the year before their "on or about" statement. I am so lost and my questions on the following, if anyone would be so kind to offer any advice? #1) can I object due to the fact that they have not verified the debt that asked for in my response? #2) can I object due to the conflicting #'s they presented in their summons & in the agreement for judgment & Request for Admissions? #3) can I use my credit card agreement to force arbitration, even though the date and last four of account number are different? If so what steps might be suggested I take??? Any help would be great, and I will keep reading all of these forums. I know that I want to send/file an opposition to plaintiff's motion for summary judgment, but I want to certainly include key points in--perhaps an ammended answer to the court so that I can force arb. Thoughts, anyone? Thanks to anyone who may offer advice. (edit) okay, I realize that my "answer" was a too late to do anything request for verification so nix #1 Q!