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  1. Oof my laptop died and now I'm re-typing this. Sorry if it isn't as well-thought-out as it was before. ** I've attached [redacted] copies of my MTC Arbitration documents at the bottom of my text. The usual that happens with JDB doing their same old strategy finally happened to me for the first time recently. In my online research, not sure of what exactly to do after being served papers to a roommate, I stayed up for weeks (lots of lost sleep) reading about what to do. I found this website and did a lot of reading through old threads, searching around, more and more reading. I decided to go the route of doing an MTC private contractual arbitration and stay the proceedings in court. I read that in Florida, there's multiple things one has to be aware of (and I almost slipped up a couple times but got lucky I did my research and lost that sleep hahah). I realized if I submit a response in Florida, I (in short) waive my right to demand contractual arbitration afterwards or at the same time/etc. Reading into arbitration, it seems like my pay is very low, 250-300$ or so? Compared to their thousands of dollars. I figure they will maybe want to settle for a small amount at that point, or possibly just be willing to drop it for nothing (that'd be nice but I don't expect them to? idek...). The amount is about 4800$--$4900 they claim I owe them, and their serving documents only present a copy of an account summary with my name on it and claimed money owed to a different company, not cavalry. I could've (or anyone for that matter could've) picked that out of someone's trash, or mailbox, or found a leaked document online, etc. That doesn't prove to me I owe them a penny, so this is all just silly to me that they don't even show proof of purchase/etc. and get this far. Anyways, regardless of how much I wanted to deny their allegations, deny I have any knowledge of who this company even is, they're just suing me saying I owe them $$$$. I decided it best to go the arbitration route per what just about everyone seems to recommend in these cases, for these types of amounts... I'm self-representing myself, so I'm just a bit nervous, never having done this before, or been trained in this in any way by anyone (except some of the excellent information I was able to find from users on this website!). ** 1st Court visit: I show up, they ask us all to go out in the hall and wait on them to come out and negotiate with us, they don't mention any other options. I ask the sheep herder who gave the command if it is a requirement to go out into the hallway and speak with them. He said no, it isn't a requirement. I said ok, that's great then, and sat back down. I waited a few while they did some other stuff, then the judge finally called me up as the attorney guy went up too so I stood next to him, figuring that was proper to do (not even sure lol). I forget what judge said, but she seemed to be talking directly to me, and looking directly at me, and I believe it was my turn to respond, and so I did, and I mentioned I had recently (I submitted my MTC Arbitration very early-on, weeks before the 1st pre-trial date) submitted the MTC private arbitration. She quickly mentioned that she did review that and realized she's already set a hearing date for my MTC Arbitration. She confirms I can leave, the attorney goes "so no resolution today" to judge, who says "yes, no resolution today.". Attorney bids me a good day, I smile and walk away saying nothing (I'm not fans of these JDB guys and those that represent them or the fact this is legal at all to do to US Citizens), enjoying the rest of my day off work at the bar down the street. It was odd too, the paper I received seem to highlight a female attorney who would be representing Cavalry as assignee of Synchrony bank, but it wasn't a woman, it was a male instead. I guess they can just switch out with whoever they want whenever they want. Rules for me, but not for them I suppose. I know I could do more reading, but the hearing date is coming up on Monday, and I'd like to know if there's any advice. With the next court date being in 2 days from now on 2/19/2024, I'm a bit nervous and would like any advice on how to carry myself/what to say during the hearing if anyone has any advice to be given. From what I recall I need to demand arbitration, basically reiterate what my paperwork, my MTC Arbitration states. If it ends up necessary, perhaps I'd need to quote the arbitration clause directly itself, if the judge were to allow me to do so of course (no clue if that's allowed haha I'm no expert at all). I'd like to add I did follow everything to the book, to my knowlege... I included my General Florida Affidavit document, notarized with a sworn statement from myself that the attached CC agreement (Lowes advantage CC agreement got from the CFPB website) According to what I read, my sworn affidavit will make it to where if they wish to deny what the contract governing their complaint says, they have to prove it, which would require something along the lines of them obtaining a witness of sorts of sworn statement from synchrony bank/lowes or something like that. Which most wont, or simply cannot, do, from what I've read. So I did that to add the extra umph!! to my MTC Arbitration and prevent holes from potentially being poked in it by their attorneys or something. I also (certified mail to plaintiff attorney; hand-delivered to courthouse myself the same day I mailed to plaintiff) mailed a copy of my MTC Arbitration documents, the MTC itself, the FL General Affidavit, and the copy of the lowes advantage CC agreement with the arbitration clause present in it (I included the full agreement, a few pages or so). This was included as 'Exhibit A', while my notarized affidavit was incorporated as 'Exhibit B'. Per the arbitration clause, which I've also attached a clipping of, it appears to sound that the judge should definitely be moving this case to private contractual arbitration based off the fact I'm demanding it, and have presented the contract their complaints arise from. If they ask me about how I knew it was Lowes Advantage CC / if I've ever had that card with Syncrony /lowes. I would plan to say "I'm not sure to be honest, I don't remember, but I do know I've definitely never don't business with a company named Synchrony Bank, nor have I done business with an entity called Cavalry in the past. I have done business with a company named Lowes before." Or maybe I should just stick with "I don't know, I'm not familiar with any of these company's" to keep it short. But I am familiar with Lowes haha When I got the Lowes card, they never once mentioned it was through Syncrony bank, they mentioned it was through Lowes. They called it 'Lowes Credit Card' but it's "Lowes Advantage Credit Card". But I digress. I'll hope to hear some advice or at least support. I know I shouldn't be nervous, but I am. I've been to court so much in the past 2 years, and right when all that ended, a week later, this happens.... So this has been quite a ride hahah My apologies if my typing/structure was all over the place here. Appreciate any advice! I also hope my information may possibly help others in this situation in Florida, since Florida seems to not have as much information in one spot about it (from my research).
  2. Capital One is Opposing my Motion to Compel Arbitration 2 days before the hearing for the motion. They are claiming that the Agreement has changed and that I am now bound by the 2010 agreement which has no Arb Clause. I know it is BS because the agreement I signed has a survival clause for the Arb Provision. How do I fight it? Background: I was sued by Cap One for less than $10k in the state CA The account in question was opened 2/1/2008 The 2008 Cap One agreement has an Arbitration Provision that includes JAMS. The Arbitration Provision has a survival Clause that states: "This Arbitration Provision shall survive: (1) suspension, termination, revocation, closure or changes of this Agreement, your Account and your relationship with us; ..." Here is what has happened so far: As per the terms of the agreement I elected Arbitration with JAMS. JAMS accepted and served Cap One's Council. I filed my answer including the affirmative defense that I have elected Arbitration. I also filed a Motion to Compel Arbitration as per this extremely helpful thread by Linda7. (@Linda7 Thank you Linda7!) The Plaintiff has now filled an "Opposition to Defendant's Motion to Compel Arbitration" along with a Declaration in support by their own council. They supplied a 2010 agreement sans Arb Provision and are claiming it is the agreement that should be used. I should be able to fight this as it is in violation of their own agreement. But with only 1 day to respond I am defiantly feeling the pressure. Is this something I should address in person at the hearing for the motion or do I need to file a response? Please Help!
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