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Found 766 results

  1. Quick history: I beat Midland in small claims (no counterclaim by me), which caused another claim by Cavalry (which I did have a counterclaim) to settle with 0 and mutual dismissal w/prejudice a year ago. Its been quiet ever since, however, I just received two dunning letters from two different attorneys for two different accounts. One being capital one, the other synchrony bank (both are JDB). No suits have been filed yet, but I feel its coming, most likely both being small claims. I don't see an arbitration clause in the cap one agreement, so I can deal with that in small claims (same law firm I beat already). The synchrony one is what I would like to pursue the arbitration strategy on. The CCA has the following verbiage: • What claims are subject to arbitration 1. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents and/or Wal-Mart Stores, Inc. if it relates to your account, except as noted below. 2. We will not require you to arbitrate: (1) any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court; or (2) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate. 3. Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage or scope of this section or any part thereof (including, without limitation, the next paragraph of this section and/or this sentence). However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. My question is, should I wait for a lawsuit or file a claim with aaa/jams preemptively? I've read mixed feeling about each on this site. My main concern in waiting for a lawsuit is that I cannot find any way to file a MTC in small claims in alabama. I have googled it, looked up the court rules and even called the clerks office. I cannot find any way to have the judge rule on moving it to arbitration, short of showing up to trial and explaining that I want arbitration as provided in the CCA. If that is the only way, should I then have a case started already before I get there? The answer sheet for small claims has 4 boxes to check: A. □ I do not live in this county and the suit against me is not for work or labor performed in the county where suit has been filed; thus, I want this case transferred to my home county of ______________________________________________, B. □ I admit everything in the Statement of Claim and do not want a trial. (This means that you consent to a judgment for the amount claimed plus court costs). C. □ I admit that I owe some money, but not the total amount claimed by the plaintiff(s). (If this block is checked, the case will be set for trial. Please note that any money paid by you on this claim after the suit was filed may not be reflected on the Statement of Claim which you receive. You should contact the person who has sued you or his/her attorney to determine the present balance which is claimed). D. □ I deny that I am responsible at all. (If this block is checked, this case will be set for trial). I'm still well within the 30 days since dunning, the amount alleged is just shy of 5k. Looking for suggestions, advice, anything. Anybody in Alabama been through this? Thank you all, this site really helped with the first two victories! @fisthardcheese @Harry Seaward @BackFromTheDebt @BV80
  2. Hello, it's me again. I was just served by Stenger and Stenger (representing Cach LLC) on an account that was dismissed without prejudice last year. The last time they sued me I appeared in court and during mediation I told the attorney that I planned on filing a MTC arbitration. She was confused, and when we went to trial she asked for a continuance. The judge granted it, and we were to appear back in court 30 days later. Well when I came back, no attorney was present so the judge signed a dismissal without prejudice. I did ask him to make it with prejudice, and he denied the request. Here we are again, and the same law firm representing the same JDB is suing me again. I haven't sent in my answer yet. I was planning on using the same arbitration defense, but after further review of the credit card agreement there is a note about "ordinary claims," and I just went through another case with that clause and was denied my MTC arbitration from the judge! Btw, this is in GA. The amount is around $1300. It's for First National Bank in Omaha that was defaulted around Feb 2016, maybe earlier. I'm really afraid that my MTC arbitration will get denied again because the judge is a JDB friendly judge. Do I have any other options to file my answer? I mean I am going to try to proceed as usual w/ my answer and then present my MTC at court, but because this has no mention of small claims court, even if I was denied, and appealed to a higher court it seems like that verbiage would still stand. Thoughts? Help? Below is the verbiage from a Q1 2016 agreement. And the bold is what I'm concerned about. So many of you have helped me dismiss so many cases over the past few years... I need some advice on this particular circumstance to see if anyone has any success with arguing this. THANK YOU!
  3. Hey y’all. This isn’t my first time getting sued by a JDB, but it is only my second so my goal is to be more knowledgeable and competent this go ‘round. I aim to heavily document this case in hopes of being a resource to my future self and others in the SE Tennessee area (since General Sessions Court does things a bit differently here.) My previous case (nearly a year ago) was dismissed without prejudice, largely based on the steps I’ll detail below and one silly mistake you can read about in my post history. As you know, IANAL. I also don't pretend to know a damn thing outside of what I've researched and read from the Top Community Contributors here @fisthardcheese @MikeB35 @Goody_Ouchless @BV80 @Brotherskeeper @Clydesmom @Harry Seaward - forever grateful for your advice, good people! I'm posting this for others, like me, who couldn't figure out where the heck to even start. Let's git it. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: CURRENT SUIT DETAILS: 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates, LLC 2. What is the name of the law firm handling the suit? Weber & Olcese, PLC 3. How much are you being sued for? $1200 4. Who is the original creditor? (If not the Plaintiff) Synchrony Bank (Care Credit) 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door, etc.) Served 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Nothing - other than a DV request (8 months ago) 9. What state and county do you live in? Hamilton County, TN 10. When is the last time you paid on this account? (Looking to establish if you are outside SOL) 02/2016 11. When did you open the account (Looking to establish what card agreement may be applicable) 10/2014 12. What is the SOL on the debt? 6 years 13. What is the status of your case? Suit served? Motions filed? Served four days ago. My Sworn Denial (TN's Answer), MTC (with Affidavit, Proposed Order, and Card Agreement) are ready to be filed within the next few days 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Yes, I requested DV when they first started mailing letters requesting payment (8 months ago). They responded in a letter with their Disputes Department phone number and instructions to call if I want to receive a payment history. Their summary of information shown below that consisted of my full name, last 4 digits of SSN, and date the account opened 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. An Affidavit from PRA’s Custodian of Records and a table of information containing the following: Account Number, Record Type, Customer Type, Name, Account Address, Home Phone, Birth Date, Loan Type, Charge Off Reason Code, Account Status, Receipt Date, Contract Date, Charge Off Date, Last Payment Date, Charge Off Amount, Accrued Interest, Current Balance, Net Principal, and Net Interest. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: STEPS: This outline is based on my experiences and research. Don't hesitate to add any helpful comments or corrections you see fit. I will revise it accordingly. These are the steps I personally will be taking now and in the future. I'm posting this because my last lawsuit took me way too long to figure out the key differences between TN's process and majority of the cases being discussed here. Plus, I understand lists better and you might, too. All documents mentioned will be attached to this post. If you're reading this for guidance, make sure to read @fisthardcheese Arbitration Overview first for a better understanding of arbitration as a whole. STEP 1: GET SERVED STEP 2: ANSWER THE SUMMONS (MOST STATES) STEP 2: FILE SWORN DENIAL (TN) Download Sworn Denial and fill out appropriately. The deadline is typically 30 days. Make (3) copies. File original with court. If your MTC is ready (Step 3), you may file at the same time. Mail copy (CMRRR) to DBA's attorney. Store third copy for your records. STEP 3: FILE MOTION TO COMPEL (MTC) ARBITRATION Write MTC according to local court guidelines. Reference terms of arbitration in Card Agreement. Include Affidavit that testifies that the included Card Agreement is a "true and correct copy of the contract that governs the account from which Plaintiff's allegations arise." Include entire Card Agreement from date card was active. (Find yours here) Include Proposed Order to make the judge's job easier. Notarize Affidavit. Make (3) copies. File original with court. Set hearing date for MTC. Mail copy (CMRRR) to DBA's attorney. STEP 4: FILE ARBITRATION DEMAND LETTER Download Demand for Arbitration form and fill out appropriately. (AAA or JAMS, whichever is stipulated in your Card Agreement.) Include a Certificate of Service with the forms. If Card Agreement states that "they" will pay for filing fee, include a cover letter stating that per the agreement you are asking the company to forward the consumer filing fee directly to AAA/JAMS. Make (3) copies. If Judge grants MTC, have Demand Form ready to file immediately. Mail Demand (CMRRR) to AAA/JAMS and DBA's attorney on the same date. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: QUESTIONS: Q1. Are my documents satisfactory? I've attached the required paperwork in hopes of getting the community's feedback before I submit them. Please let me know if anything should be revised, worded better, or formatted differently. Q2. What does the following mean for my case and MTC? I am unsure whether I should/must include this in my MTC. On Page 3 of the Card Agreement, under Resolving a Dispute with Arbitration, the clause states: 1. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents and/or providers that accept the card or program sponsors if it relates to your account, except as noted below. 2. We will not require you to arbitrate: (1) any individual case in small claims court, etc; or (2) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate. 3. Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage, or scope of this section or any part thereof (including, without limitation, the next paragraph of this section and/or this sentence). However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. MTC DRAFT.pdf AFFIDAVIT DRAFT.pdf PROPOSED ORDER DRAFT.pdf Synchrony Bank CareCredit Agreement 2015.pdf
  4. Hi and thanks in advance for reading- so 2 weeks ago I was served by cavalry’s attorney (Jenkins and Young in Texas) for an old Citibank debt. It was filed in district court. A few days ago I filed my answer and motion to compel arbitration. The debt is for about $1,900. I reached out to the attorney after filing to see if they would dismiss. I reached out through the “make an offer to settle” link on their website. Also, they received by email and mail copies of my court filings. It has been almost a week since I reached out and I have not heard a word. Do you think they will wait until there is a motions hearing to make contact? Thanks!
  5. Hi there, This forum has been so helpful to me previously (I used arbitration to make Kohn Law Firm give up on a 5K Care Credit debt), I am hoping you guys have insight into my current dilemma. I am being sued in my county's Small Claims Court for an alleged 2k Citi card debt. I thought I was good to go with my MTC but have read a few posts here indicating some courts have taken: "Individual claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court," to refuse MTCs. Sure seems like the OC is wanting to have his cake and eat it, too. My question is: How often are JDB's aware of this little nugget and how often are courts refusing MTCs based on it? I've really no option but to give it a go with my MTC, just wondered if others have experience with this.
  6. Hi everyone! First-timer here. So, first of all, thank you all in advance for any feedback/advice! It seems that Cavalry has sued more than enough people. I haven’t been served yet, but know they’ve filed a claim. Claim is for a credit card debt around $8K From what I am reading, arbitration is the best route to go for this. In the statement of claim, they listed an account statement, bill of sale, and they are saying that I am indebted to them for the debt. Citi has sold the debt to them. At this point, I’m thinking that verification is enough to support their claim to file. However, I’m seeing that they are not a fan of arbitration. Any advice on where I should start? I have not been served yet, but want to respond timely.
  7. I recently filed for JAMS arbitration against an OC, and did not request expedited procedures. JAMS notified me that the arbitration will be conducted under the Streamlined Rules. Isn't that expedited? Also, I requested that the OC advance my share of the fees, which they haven't done yet. They did pay their portion of $1,250. The amount in question is under $5,000. Thanks in advance.
  8. Background: Sued by Cavalry for alleged $2K CitiBank debt. Filed Answer and MTC. Filed consumer action with AAA. Today I received a letter from AAA. The take-away is that they won't work with Cavalry anymore because they suck. From the letter: "According to R-1(d) of the Consumer Rules, should the AAA decline to administer an arbitration, either party may choose to submit its dispute to the appropriate court for resolution." Seriously?!? Am I back where I started because Cavalry are slime balls? I was already preparing to do battle because of the small claims cut out-- now it looks like there is nothing I can do. Any ideas from the brain trust?
  9. Can you request arbitration of a lawsuit filed by midland's attorneys? Is the arbitration agreement from synchrony bank enforceable even though the account is now owned by midland?
  10. So I have got this far reading posts here. My question has to do with the request for admissions and interrogatories. Do I just object to all of the requests due to improper venue? Also they are beyond the time limit to answer my motion to compel. Can I file a motion to dismiss for failure to follow court rules? I'm not sure if it was even a good idea to file the mtc other than delaying a judgement. Edit to add: I was looking at the court website at all of documents filed and what they had scanned in. When they filed their request for admissions they request for interrogatories is not there. I know it could be a mistake by the clerk but if its not is there a reason they would send me a request without filing it? Thanks for the help in advance. MY ANSWERS TO THE STANDARD QUESTIONS: 1. Who is the named plaintiff in the suit? Grassy Sprain Group 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Hosto Buchan 3. How much are you being sued for? $16000 4. Who is the original creditor? (if not the Plaintiff) Cross River Bank 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) Server 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Arkansas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Not sure, but within the last three years 11. What is the SOL on the debt? 6 yrs 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Have received request for Interrogatories and Admissions after filing answer and then MTC. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? (listed below) 3 days I know its not a lot of time. I have the requests answered both with objections due to venue and without. I started second guessing myself so I thought I would ask for help. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit and contract from OC
  11. I went to court two weeks ago and my MCT was granted by the judge and no argument (they agreed) from the JDC. As I'm reviewing the Synchrony Bank cc agreement under the heading 'How to start an arbitration, and the arbitration process'. Am I reading correctly (see pic #2) that the JDC would have to file the arbitration and notify me in writing?
  12. I was sued by Portfolio Recovery Associates LLC (OC was PayPal Synchrony), had court last week, and it ended really bad. I got a continuance for 90 days and will be going back in November, and I would really appreciate any help/advice I can get. So a little background story, I did not open this card, 2016 a relative stayed with me and basically opened a lot of stuff under my name, I tried paying some of it but I couldn't keep up and due to stress (I was in last semester of college - graduation, working full time, two kids, and also getting married the same year - then got my hours cut and wasn't able to find a job in my field) I just stopped paying everything. Once I found out I was sued, I was recommended to this forum and after looking at the different options, I decided to go the arbitration route. For months I searched around to try to learn as much as I could, reading @fisthardcheese's Arbitration post and searched around for other's post regarding arbitration in Texas, hoping to have everything covered but I still messed up. I really wish I had originally created a post and loaded all my documents to get it reviewed by everyone here. I sent an answer of denial and requesting arbitration within the time frame and mailed a copy of the letter to the lawyer. I received notice for date of trial and the lawyer had contacted me asking if I would negotiate but I read it was best to not reply. So for the next few months I worked on my MTC based off of those that loaded theirs here. A month before the trail I sent the MTC, Signed Affidavit, Proposed Order, and the original CC agreement to the court and I also sent the lawyer a copy of everything (everything I sent them was by certified mail). I checked the court's website and there was a comment next to my MTC saying "To be heard before trial - Defendant's Motion to Compel Private/Contractural Arbitration and to Stay Proceedings Pending Arbitration". So.. I went to court, and I did check with the clerk first regrading the "heard before trial" and she told me it just means he will ask me about it before we start the trial? So I waited, and he calls me up, they proceeded like normal, he asked the lawyer first, then he turns to me and ask if it was my account. That was when I told him I actually sent a MTC, he looked confused and looks at his computer and asked me if I had the contract that states arbitration as an option. I brought all the paperwork with me so I gave him the copy of the CC agreement I had sent in, he took a look at it and told me this is not valid and asked me why did I give him a copy of a credit card application. I was confused, I didn't remember reading about anyone running into this issue here. I told him I took it off the website (I could not remember what it was called) that had a database of the CC agreement based on the date they sent me. He started telling me that this was null and void because it was not signed and that I could have given him just any random contract. I was stunned and scared not sure what I can say and can't that wouldn't end up hurting me so I stayed quiet. He asked if the lawyer had any paperwork or the contract and I saw her hand over a copy which was very similar to mines, and not signed. He questioned that and she said it was an online application. He turned to me and told me that it did not even look like the one I sent him. I told him I got the copy based off the date the debt claim claimed I opened the account. THIS is where I messed up, I printed the wrong credit card agreement. Apparently I printed the March 2016 CC agreement, but it stated I opened it in May 2016. He then proceeded to ask the lawyer if she had any evidence, and she provided him the bill of sale, and a ton of statements. He showed me one where there was a payment and told me well it shows there were payments here, its yours, do you want to look through them? I told him yes, and I went through all the statements and saw that it was opened for less then a year and used within three months before there were no more charges to it. So I saw charges for California and I don't know why I panicked and told the lawyer I don't believe this is mine. I recall having a paypal but I didn't think it was this and I asked if she had copies of the payment sent. She was really nice... she told me that the account was open for a short period of time so she could send me forms to start a fraudulent process and find out of it is mine or not. So we both went up to the judge and she asked for a 90 days continuance and she let me keep all the paperwork she brought. After some digging on my part, I believe the account is mine. I have not filled out the paperwork she sent over to start the fraudulent process. I'm not even sure where to go from here... is arbitration even still an option? I did notice the copy of the contract she brought, she highlighted "2. We will not require you to arbitrate: (1) any individual case in small claims court". I did remember reading how Texas no longer has small claims and it's now done through Justice of the Peace, but at this point I'm sure the judge will probably tell me it's the same thing. Should I just call and try to negotiate??? I am really sorry about the super long post. I really messed up my case and I am so lost right now... any advice is greatly appreciated! Thank you! <3
  13. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates LLC 2. What is the name of the law firm handling the suit? Weber & Olcese P.L.C. 3. How much are you being sued for? ~$3,900 + Court Costs 4. Who is the original creditor? (if not the Plaintiff) Home Depot (by Citibank) 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Received a letter prior to being served and I sent in a DV (that stated that I dispute this debt) 9. What state and county do you live in? Georgia, Forsyth County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 10/15 11. When did you open the account (looking to establish what card agreement may be applicable)? ~12/2004 12. What is the SOL on the debt? Not sure? 13. What is the status of your case? Suit served? Motions filed? Served 5/2019, Answered 6/2019 (denied w/ arbitration as affirmative defense), Court 7/2019 (prepared MTC Arbitration) 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, to the lawfirm only when I initially received a letter. 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). Yes. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They sent copies of statements from the OC from 2015 and 2016. A copy of a bill of sale to PRA. Well it finally happened, the judge denied my MTC arbitration because of the small claims verbiage below: He said that the wording was not ambiguous, and any statement otherwise or whether there was a clause in it at all did not matter. I tried to describe the other SCOTUS cases, and he would not hear it and said that this matter was brought to small claims, so now it is no longer subject to arbitration. He shut me down at every argument I had about the arbitration clause, and asked if I wanted to mediate w/ the attorney. I asked for a continuance, and the plaintiff said I see no reason for a continuance and the judge agreed so he denied the continuance. I did create an AAA case AFTER I was served, so when I told him that I even had an arbitration case started, he said it did not matter. At this point I was lost and did not know what to do. So I went to the attorney and said that I could write a check for $1000 right now the settle the case, and he said his client refused. I told him that’s really all I had, so then the attorney requested a continuance and it was granted for him. Should I have just gone to trial and let the judge find for the plaintiff after denying my MTC for arbitration? I was scared to do that because what I’m ultimately trying to do is avoid a judgement on my record. I’d rather try to settle than have a judgement. I was thinking maybe I could appeal, but I’ve never gone through that process, and wonder what would happened if my appeal was denied or if I lost there too? Any advice? I go back to court next month. I’ve attached the CCA both current, and the one while my card was active and both do contain that “small claims” verbiage. arbitration-2016.pdf arbitration-current.pdf
  14. I am trying to compose the Demand letter required by AAA to file a case: "(1) The party who starts the arbitration (referred to as the “claimant” throughout the arbitration) must contact, in writing, the party that the case is filed against (referred to as the “respondent” throughout the arbitration) that it wishes to arbitrate a dispute. This written contact is referred to as the Demand for Arbitration (“Demand”). The Demand must do the following: • Briefly explain the dispute • List the names and addresses of the consumer and the business, and, if known, the names of any representatives of the consumer and the business • Specify the amount of money in dispute, if applicable • Identify the requested location for the hearing if an in-person hearing is requested • State what the claimant wants" I have read and re-read the arbitration thread by @fisthardcheese If I just write, "debt dispute," in the letter, is that enough info for AAA to take the case? I believe I have a couple of FCPA violations. I am hesitating to list those as my "dispute," only because the arb clause says that they will pay arb fees except in debt collection cases. This is a Cavalry/Citi case for alleged 2.5k debt. Can anybody clarify this for me?
  15. I am filing a MTC Cavalry/Citi. I had a MTC granted by a judge in my circuit in another case. Question: Can I cite my previous case to bolster my MTC in this case?
  16. Hello All, I am looking for some help. I was recently sued and I don't know what to do. I'm trying to stay calm, but I am internally freaking out. If you one can provide any details, I would greatly appreciate. I'm interested in the arbitration path, but I'm not sure if that will help me or hurt me. Below are the details of my situations. I currently live in GA and I'm recovering college graduate. I don't have any money to spare, but I also don't want a judgement on my public record. Please Help Me! 1. Who is the named plaintiff in the suit? Velocity Investments LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Ragan & Ragan 3. How much are you being sued for? Under $4K 4. Who is the original creditor? (if not the Plaintiff) Lending Club, maybe Web Bank 5. How do you know you are being sued? (You were served, right?) Served in person 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? nothing 9. What state and county do you live in? Georgia, Dekalb Conty 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) August 2016 11. What is the SOL on the debt? To find out: 6 yrs Statute of Limitations on Debts 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Suit served. Must file answer within 30 days. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. How long do you have to respond to the suit? 30 days. (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Defendant is a resident of this county and is subject to the jurisdiction of this court Defendant resides and may be served at 'insert my address' Defendant executed a electronic transaction entering a loan agreement, identified as 'account' with Web Bank. This was serviced by LendingClub Corporation Defendant received the load proceeds Defendant breached the loan agreement by failing to pay as agreed and left a balance Webbank has transferred all their rights, title, and interest in this loan account to lending club Plaintiff purchased the loan agreement and received written agreement of the debt at issue in this action Despite demand by Plaintiff, Defendant has failed to pay amount due on the loan amount Defendant is liable to Plaintiff for the sum of $XXXX.XX in principal, $XXX.XX in interest and fees, and costs of action Did you receive an interrogatory (questionnaire) regarding the lawsuit? No. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Loan Agreement printed offline, Loan Disclosure printed off line, Certification of Loan Sale, Bill of Sale, two spreadsheets w/ principal, interest, payment breakdown and payment history
  17. Hello all, So I received a few letters from attorneys in December, indicating that I was being sued. I did a case search on my name in the system and found that Portfolio Revocery was suing me for a Lowe's account ($1,234). I was never served, but kept checking the court site every week to see if any new motions were being put in or additional information. One week, I saw that the processor said that I was served on December 19th and they filed notification on January 12th (so sketchy). This meant I had less than three days by the time I saw it to respond. Anyway, I scoured this site, spoke generally to an attorney and filed my answer, and got a court date. I prepped myself for the hallway discussion and had my responses prepared and I also carried my MTC arbitration just in case all else failed. Well, all else FAILED. lol. In the hallway Tamara presented a stack of every statement ever sent and copy of a letter "from" Synchrony Bank stating that they sold my account to them (date, name address, and account number). I moved forward with my last resort and presented my MTC. This was the ONLY familiar hallway exchange, when she proceeded to tell me how expensive it was. She wouldn't accept my motion in person, she just said ok, we can go back in. We reentered the court and went up to the judge. She informed her that I wanted to go through arbitration. I was given another court date and told that if I didn't file, I would be expected back in court on that date. wtf.
  18. Good afternoon, I am working with a friend (I am asking him to post his own information here this week), and had a question about arbitration on vehicle purchase and financing agreements. I am making this post with his permission. My friend bought a car in 2016 and financed through Santander Consumer USA. Later that year, he had the car repossessed. Car was sold, and my friend owned the balance. The debt was then purchased by a company in Missouri. The filed suit last month and my friend answered within the time allowed. Here is my question - I know the government has a database of credit card agreements - is their a similar DB of car financing agreements? I believe that Santander has an arbitration agreement; however, the exhibit in the lawsuit he showed me only contained the only the first page of the purchase/finance agreement. Any assistance would be appreciated. I know this isn't a JDB credit card case, but it is a JDB case, and my friend needs help. Thank you!
  19. 1. Who is the named plaintiff in the suit? MIDLAND FUNDING 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) It seems to be in-house lawyers for Midland Funding 3. How much are you being sued for? $2496 4. Who is the original creditor? (if not the Plaintiff) Comenity Bank/HSN 5. How do you know you are being sued? (You were served, right?) Yes. 6. How were you served? (Mail, In person, Notice on door) In person. 7. Was the service legal as required by your state? Yes. And he was quite nice. Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I honestly didn't see anything via mail. As far as I know, it was just calls to my cell phone. 9. What state and county do you live in? Florida, Bay County (Fourteenth District) 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Apparently February 2017 11. When did you open the account (looking to establish what card agreement may be applicable)? November 2014 12. What is the SOL on the debt? To find out: 4 years. Statute of Limitations on Debts 13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). We had a pre-trial conference, where the judge suggested we retire to a room to mediate; however, we were at an impasse. Because of this, a trial date was established for July 24, in judge's chambers. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. Once HSN stopped sending letters, I'd forgotten all about it. 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No. 16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? No, no questionnaire that I saw. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. This is what's listed (they sent me a huge packet of documents): * Original Creditor Statements * Assignment/Bill of Sale/Seller Data Sheet * Letters to Defendant Basically, several credit card statements from HSN, along with three letters from Midland Funding that I never received. They also included: * Notice of Filing Documents in Support of Entry of Final Judgment * Plaintiff's Notice of Introducing Documents at Trial and Witness List * Plaintiff's Notice and Motion for Records Custodian Witness to Appear By Telephone at Trial * Plaintiff's Motion to Continue Trial (In the Plaintiff's Motion to Continue Trial, they state that they have opened a "dispute investigation and will be mailing a request for additional information and documentation to the Defendant to support her claim" (my claim was that the balance and date of last payment was incorrect). To date, 3 days before the court date, I've received no such request) 18. How did you find out about this site? I searched for information on being sued by Midland and this seemed to be the most helpful and insightful forum. ❤️ 18. Read these two links: I did, but I'm not sure if my refusal to settle at mediation constituted a waiver of my right to arbitration.
  20. I'm having a hard time finding out how to file an MTC in Kentucky.
  21. Hello, everyone! I've been a lurker here for a while, and am happy to be able to post at last. Here is the required information: 1. Who is the named plaintiff in the suit? Midland Funding, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Jack H. Pogosian, Alec Weston Hankins, Kristy Gabrielova, Nichol Alan de Guzman, Hyo Jin Julia Jung 3. How much are you being sued for? 2844.87 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank/CareCredit 5. How do you know you are being sued? (You were served, right?) In-person service 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Standard MCM letters 9. What state and county do you live in? San Diego county, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Never 11. When did you open the account (looking to establish what card agreement may be applicable)? September 2014 12. What is the SOL on the debt? 4 years 13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Case Management Conference tomorrow 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No 16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 30 days Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Standard issue from what I've read on other threads: Last statement from CareCredit, listing of charged-off accounts with info blacked out, MCM statements, etc. So I'm finding this interesting. Back after I was served, I initially thought about settling, then stumbled upon this forum. After reading, I decided to push back. I filed my general denial shortly after I was served, and in mid-May I sent Midland a letter requesting arbitration via JAMS (as per my account agreement). I haven't heard a peep from Midland, besides a letter saying the account was placed 'In Dispute' and they don't know why I'm pushing back. As stated above, tomorrow is my Case Management Conference. In my Case Management Summary, I stated that I wish to have arbitration, so I hope that's taken into account during the CMC. I did make one gaffe, however. Because I had not heard from Midland regarding my letter asking for Arbitration, I filed a MTC Arbitration. Speaking with the juedge's clark yesterday, he told me it will likely be rejected due to no hearing being scheduled. (It's still Pending with the court clerk.) One thing: Is it typical for Midland to not file a CMS prior to the CMC? They haven't filed a summary yet, and I want to make sure I'm not surprised by anything. If any more information is needed, please don't hesitate to ask. Thank you all for being here and being so helpful! GB
  22. I am in a mess and need help please. I am a single grandmother and I've had posession of my grandchild for over a year now. She is six, nonverbal and autistic. For the past few months I have been persuing custody of my grandchild due to her parents drug addiction. I don't have the money for a lawyer and CPS dumped everything in my lap to handle alone and told me to file for custody so without any help I am attacking this pro se. This is my grandbaby and I am doing what I have to do for her. That being said this is a horrible time to be sued, not that there is ever a good time. I was served on 02/22/19 and I am terrified to be dealing with two seperate court cases pro se at the same time. I have read the forums for many hours the past couple of days and it seems the more I read, the more confused I get. I would greatly appreciate any help and advice I can get. I know already that I am judgement proof in Texas due to my income being Social Security Disability and SSI. I live off less than 800.00 a month and I don't have money for legal fees. I know PRA could care less about my situation but this is the best place I have found on the internet for help. Thank you for even taking the time to read this. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates LLC. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Rausch Sturm (Attorney listed is Jesse Dow Lockhart) 3. How much are you being sued for? 7251.80 plus court cost, interest, and attorney's fees. 4. Who is the original creditor? (if not the Plaintiff Synchrony Bank (Wal-Mart) 5. How do you know you are being sued? (You were served, right?) Served at Residence 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Rains County, Texas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) December 2016 11. When did you open the account (looking to establish what card agreement may be applicable)? October 2015 12. What is the SOL on the debt? To find out: 4 years 13. What is the status of your case? Suit served? Motions filed? Served 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No 16. How long do you have to respond to the suit? 14 days (March 8, 2019) I'm not sure since it was after 5 pm on Friday if I would have until the following Monday. Did you receive an interrogatory (questionnaire) regarding the lawsuit? NO 17. What evidence did they send with the summons? None. Served with Original Petition only. 18. How did you find out about this site? Internet search.
  23. 1. Who is the named plaintiff in the suit? Velocity Investments, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Gurstel Law Firm, P.C. 3. How much are you being sued for? ~$17k 4. Who is the original creditor? (if not the Plaintiff) Prosper 5. How do you know you are being sued? (You were served, right?) Informed by my mother that service had been attempted on their house and left on the porch. 6. How were you served? (Mail, In person, Notice on door) Service was in-person, rejected, and left on the porch. 7. Was the service legal as required by your state? Probably not. The summons was served at my father's house (who shares a similar name, but with whom I do not reside), and was not accepted by anyone in the house. They left the summons on the porch which included details about the debt, with people who were probably not legally allowed to have the information about my debt revealed to them by the plaintiff. I have recently moved to the same county as my father (was out of state before that) and I'm assuming they merely mixed up our identities, but that's where I'm uncertain as to whether or not the service was legal (or even if that matters beyond an FDCA complaint or two if needed). Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I had never heard of Gurstel Law Firm or Velocity Investments prior to seeing the summons. 9. What state and county do you live in? Utah, Washington County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Nowhere near outside the statute of limitations. Payment was last made on this account in June of 2017. 11. When did you open the account (looking to establish what card agreement may be applicable)? This was an unsecured loan that was opened in August of 2014. 12. What is the SOL on the debt? To find out: 6 years as per current residence in Utah given it is a written contract. Statute of Limitations on Debts 13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or b) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Unfortunately I couldn't get much out of the clerk. I know that a claim has been filed as I was provided a case number. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) This debt was, "Charged off as bad debt" in June 2017 and also shows, "Purchased by another lender." As of yet there are no collections reported to my TransUnion credit report. 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). I did not send a debt validation letter as my first contact with the plaintiff was the summons. 16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I have about a week to file my answer to the complaint. It should be noted that my father has already sent a letter disputing this debt as the summons was served at his house using his name as well (our names are very similar, but legally not the same). There are 6 claims made in the complaint (summarized): 1. That the plaintiff is the owner of multiple Prosper Funding, LLC accounts, including my account. 2. That I obtained credit from Prosper in August 2014 3. That I am a resident of Washington County, Utah, or signed the below-described transaction in said county (probably unimportant, but the contract was signed in Maryland) 4. That plaintiff's predecessor loaned me funds that I agreed to repay according to set terms and conditions in a written agreement. 5. That I have breached said written agreement which has defaulted, for $X amount 6. That plaintiff has been assigned all rights to the contract in question. Unsurprisingly, the plaintiff is seeking award of the full sum claimed owed, their costs of Court, and other / further relief as the Court deems proper. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence, exhibits, attachments, etc. were included in the summons. Only the complaint. 18. How did you find out about this site? Google search while trying to research the law firm representing the plaintiff and potential attorneys that could help. 18. Read these two links: ✓ Using Arbitration To Defend A Debt Collection Lawsuit ✓ Sued by a Debt Collector - Learn How to Fight Debt Lawsuits I've spent almost all night on reading through the posts on this forum once I realized the attorney options I found wouldn't actually save me anything (one attorney would have settled it for about $4k less than owed, but they were going to charge $4k in fees when it was all said and done 😂). I think there is a *very* strong case for arbitration to be compelled, but I wanted to ensure there weren't other defenses I should try to utilize first. I don't mind this going to arbitration if that is the best chance at a favorable outcome, but I wanted to check with more seasoned veterans to try and double-check that approach first. At the end of the day I honestly don't mind a settlement agreement / repayment plan if needed. My main goals are to try to get this out of court, avoid garnishment, and keep my credit report as clean as I possibly can so that I can take out a VA mortgage again in a few years. TL;DR backstory is that I had a very nasty year+ long divorce/separation that has drained any and all financial resources and resulted in a foreclosed house back in August. I'm looking at a minimum of two years from August before I can get another home loan, but that is considerably faster than having to file a Chapter 13 bankruptcy (5-6 years faster). Ultimately I want to keep my credit report clean of collection attempts if at all possible, and I'd be willing to enter a settlement and pay-off plan for this debt if that can happen. I'm not in a place currently to be able to afford an attorney as I'm still paying thousands to my divorce lawyer as quickly as I can, but I can probably budget a decent amount each month towards repayments. However, if those who are more knowledgeable than I think there's a chance I can get this case discharged or dropped somehow by compelling arbitration I am more than willing to see that threat through to the very end and make them spend as much as necessary to get anything out of me. Here are the most relevant phrases regarding arbitration from my copy of the contract from 2014: My question is mainly regarding the administrator and arbitrator fees up to $1,000. If I can compel this to arbitration, do I get slammed with fees beyond that? The verbiage after that seems to protect me from their fees, but I can't quite interpret this part clearly. Thank you to everyone who takes the time to read this and offer any insight, ideas, or suggestions to help me leverage and jockey for the best position possible regarding this debt. I've been able to pay off and/or settle all other debts that I have and am current on the few other debts that remain. This one is the one final debt I need to figure out how to handle and I'm honestly no sure how to approach it. Sincerely, Shadow Fighter
  24. Interesting read from Penn State Law Review regarding dismiss vs. stay proceedings in Federal Circuit and State District Courts for MTC Private Contractual Arbitration and Dismiss or in the alternative to stay proceedings pending arbitration. The 8th Circuit for which Iowa is in prefers dismissal from court per Judge's order rather than just a stay but not used all the time. http://www.pennstatelawreview.org/115/3/115 Penn St. L. Rev. 3.539.pdf My friend as some of you know on this site previously was looking for a card agreement is a defendant against LVNV who was finally served a petition in Iowa on April 22nd, 2019 from LVNV and who is preparing his answer to request that this case be taken out of State District Court and be decided in AAA Private arbitration. We are wondering what would the ramifications be if he asked the court to dismiss rather than stay jurisdiction for my friend. (Advantages/Disadvantages of Dismiss vs. Stay)? His motion to compel heading would be "Motion to compel private contractual arbitration and dismiss or in the alternative to stay proceedings pending arbitration." or heading would be without the and dismiss or in the alternative portion. This came up in conversation when he asked me why the copy to the Citibank 2011 credit card agreement which they attached to the petition had the arbitration portion of the agreement up front and which was very much apparent and then the rest of the agreement behind the arb portion. It is like LVVN was throwing the arbitration in his face as a trap, daring him to ask for arbitration. Since the default according to LVNV happened according to them around spring 2014, they may be enticing him to use their 2011 card agreement and not his agreement which he got off the CFPB website. The advantage of staying the court as we see it would be if LVNV didn't respond to the court ordered arbitration with AAA then my friend would go back to the court where LVNV would face sanctions. If in that same situation the case had been dismissed, my friend would have to refile, but maybe then he could do it in federal court since he would have to pay a new filing fee anyway if he kept in state court to rehear the case. If he instead took that filing fee and filed in Federal Court there would be an infraction of the FDCPA that could be added to petition. Sorry we are probably making a mountain out of a mole hill but just trying to be one step ahead of LVNV at this time.
  25. I got served papers saying that I'm being sued by Midland Credit in Chatham County. I already filed the response under "DENY". The law firm is Cooling & Winter. It was from an old credit card bill from Synchrony Bank and they say I owe a little over five grand. My court date has been set and I want to do an MTC but I don't know the first thing about how to construct one. Are there any resources? I'm not even sure what to say or the correct format. Also, do I need to file this ahead of time? Send a copy to the lawyers office beforehand? Or is it best to just wait and let it play out in court? Any advice would be greatly appreciated.