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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. Hey y’all, im new to this stuff but I’m being sued by Kohn law firm/midland in Wisconsin i received summons paper but it never gave me an option to file and answer. The debt is only $600 and I’ve been trying to set up a payment plan with them for $100 a month and they absolutely refuse and keep telling me they would get more garnishing me. I’m tight on money and can’t afford a lawyer. I don’t know what to do any help would be appreciated
  3. Ok so I'm new to this process and when I discovered I could "e-file" I envisioned uploading a few pdf files before midnight... it's now 6:24pm and midnight is approaching before I'm technically judgement-eligible... Can I call the actual debt-buyer tomorrow and settle (lump sum) before the attorneys have the chance to file to enter judgement and garnish wages, etc? If so, what document do I request from the debt buyer to prove the debt is cleared to the courts? Just a $0 balance? Would I still be liable for the fees the lawyers accrued for filing the suit? Thanks,
  4. 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.) Gordon, Aylworth & Tami, P.C. 3. How much are you being sued for? $1,1XX.XX 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank/Amazon 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? I believe so 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Nothing that i remember 9. What state and county do you live in? Polk County, Oregon 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Sometime in 2015 11. When did you open the account (looking to establish what card agreement may be applicable)? Sometime in 2015 12. What is the SOL on the debt? Oregon says 6 years but these cards were issued in Puerto Rico which i believe is 3 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). Open, MTC Filed, hearing for motion and hearing for status check scheduled. 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? Breach of Contract 1. Defendant, an individual residing in Polk County Oregon entered into a contract with Synchrony Bank/Amazon.com for a credit account. The credit account was issued to Defendant with the account number ********9315. 2. Synchrony Bank/Amazon.com supplied the credit account to Defendant subject to an agreement to repay all amounts charged to the account plus all associated costs and fees. 3. Defendant used the credit account and became indebted to Synchrony Bank/Amazon.com. 4. Synchrony Bank/Amazon.com performed its obligations under the terms of contract. 5. Defendant breached the contract by failing to make payments as agreed. No payments were made on the account. 6.. As a result of Defendants failure to pay, Defendants credit account was charged off for delinquency on Feb 3, 2016. 7. As of the date of the charge off, the balance due on Defendants account was $1,1xx.xx. Additional information regarding the account can be found on the Consumer Debt Disclosure form, which is attached hereto and by this reference incorporated herein. 8.Plaintiff, for good and valuable consideration, purchased Defendants Synchrony Bank/Amazon.com credit account and contract and all of the associated rights thereunder on or about February 27, 2017. 9. As a result of Defendants breach of contract, Defendant is indebted to Plaintiff in the sum of $1,1xx.xx. Plaintiff also seeks recovery of fees, costs and disbursements that are permitted by law. These fees, costs and disbursements may include, but are not limited to, those permitted by OCRP 68, such as costs of filing and service, as well as any other statutorily permitted cost, fee or disbursement which may be awarded to a prevailing party in this action. At this stage of the litigation, it is impossible to itemize these costs further. Plaintiff also requests post-judgement interest on the full balance of the judgement at the statutory rate of 9%. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Only the complaint and a Consumer debt collection disclosure which has marked that i made a payment but under it states that no payments were made. I went through the mandatory arbitration of Oregon, which was really one sided. They sent in some credit card charge statements, a bill of sale from Synchrony Bank with no personal info, and a paper with my info printed from Synchrony Bank records. Filed a Trial De Novo afterwards and now i have a hearing date for the motion, which im waiting to get in the mail, and a status check hearing date which i got today in the mail. The first time they sued me for over $2k and they ended up dismissing without prejudice once i filed the MTC, not this time. Also as soon as i filed my answer i had filed an MTC but i believe the clerk made a mistake and filed it under a motion for discovery so i re filed the MTC together with the Trial de Novo last week and sent the attorneys and Midland a copy.
  5. Nose Job/Rhinoplasty: The Best Way I am in desperate need of a nose job and have been needing one for years. I'm just now focusing on getting my credit score/report in line because I realize that's basically the only way to do it. My nose has caused me a lot of anxiety/depression problems in the past and I'm finally trying my best to do something about it. I'm currently paying off all my debt and then plan on building my credit score with a some credit cards (like two maybe) until my score is high enough to get approved for CareCredit (which is a medical credit card that covers cosmetic surgery, Rhinoplasty). I am just wondering what kind of tips & tricks anyone could possibly offer me to get this done the fastest way possible! I currently have some probation fees to pay off (like $480 or so) and a collection from Westar Energy on my credit report that I need to pay in full (about the same, $480 something) before I really focus on getting a credit card(s) and paying them off to build my credit enough to apply for CareCredit, for then to finally get the nose job surgery done. So that's my full situation right now. Any advise is welcome!
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