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Found 15 results

  1. 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.
  2. 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
  3. Hi. Please be gentle. I have been reading quite a few posts and now think I know enough information to be a little bit dangerous... My wife was served a summons almost 30 days ago. I am about to file the official responses with the superior court system, but I just read about arbitration and JAMS. The original creditor was Citibank. The amount my wife is being sued for is $8,235.57. I don't want to make any mistakes when doing this, so I am asking for any and all assistance here. Her official responses are a denial of all allegations (attorney friend via the phone--she has no real experience with collection company law, but she knew enough to assist with the answers and suggest I find an attorney out here). I have been reading about JAMS and arbitration, but I can't really figure out what exactly I need to do. My wife's account Q/A is below: 1. Who is the named plaintiff in the suit? Cavalry SPV I, LLC2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Quall Cardot, LLP, in Fresno, CA3. How much are you being sued for? $8,235.574. Who is the original creditor? (if not the Plaintiff) Citibank5. How do you know you are being sued? (You were served, right?) I was served, and the summons was also mailed.6. How were you served? (Mail, In person, Notice on door) In person and via the mail7. Was the service legal as required by your state? As far as I can tell, yes.Process Service Requirements by State - Summons Complaint8. What was your correspondence (if any) with the people suing you before you think you were being sued? They called and left a message on her cellphone (paraphrased) ".....if you can arrange a time for us to serve you, we won't have to go to your place of employment and tell your boss about it...."9. What state and county do you live in? Orange County, CA10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 09/10/201311. What is the SOL on the debt? 4 years12. 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--not in default yet. I need to file the response today to stay within the 30 day time period.13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No14. 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. Have not done so yet.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? 30 days There are 24 allegations--I can list them but it will take a quite a bit of time and space. She is being sued in her Maiden Name, not that it changes anything. I was able to attach a redacted copy of the official summons.16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. 2 exhibits--one is the credit card statement showing the last payment and balance, and the 2nd is a receipt showing that they purchased a bulk of debt from Citibank--nothing specifically listing my wife's account. Lyn Summons, redacted.pdf
  4. Can anyone point me in the direction of how to Initiate with JAMS? I was looking at their website but I see no type of form or anything I can fill out to show I am initiating arbitration with JAMS.
  5. If I filed a general denial and the court set a hearing in 2 weeks can I still elect JAMS or do I need to wait and appear in court then present my contract and advise I'm electing arbitration per my agreement?
  6. Hello all, This is my first post. I have been sued by Midland in Oregon. At this time I don't want to post too much more info than that in case the attorneys are surveying this forum. First of all, thank you all for your informative contributions. As my case progresses, I hope to be able to contribute as well. Midland is suing for about 10k, if I MTC/stay for JAMS (it is allowed in my case), will they stay the course? I guess I am really asking for is what people think a "small" or "large" amount of debt is. Also, the fee section of my arb clause reads: Who pays? Whoever files the arbitration pays the initial filing fee. If we file, we pay; if you file, you pay, unless you get a fee waiver under the applicable rules of the arbitration firm. If you have paid the initial filing fee and you prevail, we will reimburse you for that fee. If there is a hearing, we will pay any fees of the arbitrator and arbitration firm for the first day of that hearing. All other fees will be allocated as provided by the rules of the arbitration firm and applicable law. However, we will advance or reimburse your fees if the arbitration firm or arbitrator determines there is good reason for requiring us to do so, or if you ask us and we determine there is good reason for doing so. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. From what I can tell so far, the last sentence means that they can seek legal expenses in the arb award, that sucks, but fine. What I am still not sure of is whether they can try and get me to pay their arb fees if they win. For example, what is to stop the JDB from calling arb fees "other expenses"? JAMS comprehensive rule 31© (or streamlined rule 26©) reads: The Parties are jointly and severally liable for the payment of JAMS Arbitration fees and Arbitrator compensation and expenses. In the event that one Party has paid more than its share of such fees, compensation and expenses, the Arbitrator may award against any other Party any such fees, compensation and expenses that such Party owes with respect to the Arbitration. This seems to allow for dumping the fees back onto the consumer. It seems there is some back and forth on this in this and other forums. Does anyone know of a case where a consumer was forced to pay the much larger JDB fees after losing contractual arb? Thanks!
  7. Hi, If any one has a CITIBANK agreement for 2005, 2004, 2003, 2002, 2001... I prefer that it has JAMS but if I can't find with JAMS, I could argue that there is arbitration clause. Thank you!
  8. Hi all, I'm new to this forum, have been reading other debt/credit forums for years now. This is long, and I apologize, but there's a lot of specifics. I'm in search of some very specific answers that require some understanding of Minn*eso*ta law. I cannot find clear answers to these questions in the Rules of Procedure. Approx. a year ago I was served (pocket service) a Summons & Complaint by Pe*zz*uto Law Firm, representing C-a- c-h LLC, who had purchased a debt from US Ba_nk (amt appro. $6500). I hired an atty listed on NACA, who drafted my Answer and submitted it to Pe*zz*uto within the 20 day time frame required in MN. Some initial disclosures were made, persuant to the newer rules of procedure in MN civil cases. (Essentially, Pe*zz*uto's office mailed my atty a couple statements, affidavit stating they owned the debt., etc.). Just short of the 1-year deadline for filing the case in court, Pe*zz*uto filed in district court. My atty admitted the affidavit doesn't technically meet standards of proof, but said he's dealt with many judges who accept it anyway and it would be hard for me to prevail in court. Suggested I try and settle. Either way, it would have been a retainer fee of roughly half my debt, so I declined. Instead, I decided to try push for arbitration, as there's an arb clause in the the US Bank contract that allows either party to initiate (including the contract Pe*zz*uto submitted to my atty). It includes JAMS, so my desire was to force the issue in the hopes they'd drop the case due to the high cost of JAMS. Now pro se, I completed the JAMS initiation paperwork, sent a copy to Pe*zz*uto's office with my cover letter stating I was initiating JAMS, then once I received proof of delivery sent the initiation in to JAMS. This was last week. Pe*zz*uto's office promptly mailed me a letter stating I'd waived my right to arbitration, citing Minn*eso*ta case law where MTC arb had been denied. I looked up both cases; one involved a case that was already deep in court litigation, and the other involved a case where arbitration was not brought up until _appeal_. Issue #1: Whether or not I have waived my right seems to be hinged on how the MN courts define lititation. If litigation is considered to be court proceedings, then I'm likely fine because I've not wasted the judge's time, etc. However, if litigation is considered to include the past year with the summons, my answer, and then crickets, then I may in fact be screwed. Does anyone know how this may be interpreted by a court or if I have indeed waived my right to arbitration by not initiating earlier? Likewise, arbitration was NOT indicated in the answer my atty sent to Pe*zz*uto (although there was that standard line about "other defenses" the defendant may assert blah blah blah). Issue #2: Although Pe*zz*uto received my Answer from my (now former) atty, preventing them from getting a default judgment, I've not filed an Answer in court. No court dates have been set YET. Folks on other boards have said to file a Motion to Compel Arb in Lieu of my Answer. This sounds great, except I am unsure how this works in terms of having a previous Answer floating around out there. Today I called 4 different attorneys in Minn*eap*olis. Either they didn't know enough about arb to help me or they only work on full retainer cases. No one could provide any guidance, even though I was willing to do a paid consult. So my second question is this: Can I file an Answer (or Motion in lieu of Answer) with the court that is NOT the same as the Answer sent to Pe*zz*uto's office a year ago by my former atty? Or, am I somehow legally bound to submit that answer? IF I file a MTC in Lieu, can Pe*zz*uto come back and claim I didn't make a strong assertion of arb in my Answer to them? And if so, am I doomed? I am under the gun with this given Pe*zz*uto's statement about seeking a summary judgement soon, and it will cost me $422 to file this stuff and if it's wrong the Court clerk will still accept it (as they can't give out any legal advice), so I obviously want to do this the right way. I've spent literally hours pouring over case law, appeal court opinions, rules of procedure, and other debt boards but due to some of the uniqueness of MN and this pocket service stuff, I just can't find specific answers to some of this. In fact, when I asked one atty earlier today if the Answer sent to Pe*zz*uto a year ago but not officially filed yet "counts" in the eyes of the court, he said, "Well....Yes and No." So, yeah. I need some help. Please. I'm begging. I feel like I'm losing my mind and my husband is sick of listening to me talk about this. I almost just threw in the towel today and called Pe*zz*uto to ask them how much they want to drop the case, but then regained my sanity. If you made it this far, thanks for reading (and you're a total saint). FM
  9. I am ordered to stay proceedings pending Private/Contractual Arbitration. Proceedings stayed for 30 days for defendant to initiate arbitration. My question is: I know I need to prove the judge I initiated JAMS, do I send a cover letter to judge stating that I initiated Jams and please find enclosed proof of service and copy of Initiation cover letter? I also send the same documents to lawyer/ firm of the OC? Letter smth like below? Judge name Judge address My name My address Case Number: RE: Arbitration Initiation Order Dear Sir/Madam Please find enclosed a copy of the Arbitration Initiation letter that was filled with JAMS (together with the corresponding attachments) and proof of service. Thank you in advance. If you have any questions do not hesitate to contact me at: xxx-xxx-xxxx. Regards, Typed name Please jump in and advise!!!!!
  10. I’m being sued by Barclay’s (Juniper Card)... Is there any way to force arbitration and, if so, is it possible to force them to use JAMS instead of AAA??? (I know Barclays prefers AAA because it's more creditor friendly.) All help appreciated; thanks for this great resource...
  11. Hello, I'm being sued by Hunt and Henriques for about 2,600. The original company was HSBC and the original debt was about 1,900. I have 30 days to report back to the court. Should I try to file for arbitrations through JAMS or is there another option that I should look into? The account will be about 4 years old next year. Any help will be most appreciated. I'm a newbie here.
  12. Hello, Im being sued by Hunt and Henriques for about 2,600. The original company was HSBC, but the original debt was about 1,900. I have 30 days to report back to the court. Should I try to file for arbitration through JAMS or is there another approach I should go for? The account will be about 4 years old next year.
  13. Hi Everyone, Linda7 has asked me to start a new post on my situation. ANY sound advice would be of great help. This is the last collector I have after me. My others have been settled, with 1 judgment awarded. My current open accounts are up to date and in good standing. THANKS! I'm here in MI, and I'm in the same boat as blindspot99. Here is his post: http://www.creditinfocenter.com/community/topic/319237-asset-acceptance-vs-me-michigan/ The only difference is that mine is an HSBC card that AA got ahold of. Around 9K. I have about 12 days left to respond to the summons/complaint. I am currently checking on my CC origination date to see if JAMS can be used. If not, would I be better off just trying to fight it in court rather than the other arbitration methods? I could pay the fees to begin, but I don't know if I would have the money to pay if an arbitrated amount was awarded, it would just be hoping they would back off before going through it. What would happen if I wasn't able to pay the arbitrated amount? I did send a request for DV back when I first received their initial letter, but sent it regular mail and can't find any of the paperwork. I may have contacted them in May 2012 when I was trying to settle some other accounts, and they wouldn't go below 50%. I do not know for sure.The other 3 settled for 15-20% and I settled those. I have 1 judgment from 2012. Was not aware of the things I am becoming aware of now or I would have at least filed an answer and appeared. Maybe delayed the judgment a little at least. I'd like to go the same route he's thinking about, using Savoir's simplified guidelines. I agree I think it's best to keep things simple with the answers, while giving them the impression I have some idea what's going on. Challenging them to produce OC documents and such. Where my argument would head would be in their Exhibit B (account) page on my summons where they state in the account Info window that they are an "ASSIGNEE of HSBC Bank Nevada, OR ITS SUCCESSOR IN INTEREST." Yet they state a PURCHASE DATE of 1/2011. How can you be BOTH an ASSIGNEE and OWN the debt? Either you are assigned the debt to collect by the OC, or you purchase the debt outright from HSBC and are colecting it for yourself, RIGHT?? It would be like buying a car private party, then, when you have an accident, tell them that you were assigned the car by the previous owner! Would that be considered a fraudulent statement? Anyway, I'm unclear on trying to use the Arbitration route if I proceed with answering the complaint. I need to know if I still have have the option if I file an answer to the complaint or not. I would like to keep that arbitration option open if they decided not to drop the lawsuit. How would I intergrate that into my answer. If someone could help me I'm using Saviour's template, but need to know what else to put after his ends to make it a complete document for filing. So glad I found this forum, wish I had found it earlier. Thanks and blessings to all of you who give your sage advice and guidance here!
  14. Hi everyone, I have read through the steps to arbitration and I finally feel like I am getting a grasp of things.I have been doing lots and lots of research and everything I read tells me that this DC Law firm is horrible to work with. I received a dunning letter and I responded with a letter CMRRR that I disputed the debt, and would like to use arbitration via JAMS per my cardholder agreement. I received 2 statements (random months) and an affidavit of the creditor that after looking online sounds like a generic one that they send everyone. The letter said that I will be please that they enclosed 1) Affidavit of the Creditor (the creditor has requested suit on this account and the affidavit has been provided for suit purposes. We are providing you a copy of this affidavit for verification purposes. At this time a suit has not been initiated. 2) Billing statement This validated the debt and we have been instructed to proceed to collect unless satisfactory repayment arrangements have been made. I have 2 questions. Should I respond that I still dispute and my election for JAMS still stands and should I file with JAMS now? I also read about robo signers. does this sound like the case and how would I find out? Thank you everyone!
  15. Trueq , Wow need to know more about (JAMS arbitration! ) in Vegas , I don't know if you have seen any of my posts , a lot of members have been helping me a lot . I have four cases going on right now , I have went to my first pretrial , they set my trial date but then when I demanded a trial by jury they said they would set the date later . I have listed the court records below , I need to understand more about arbitration in Vegas , I would love to go that way , One of the cases is my wife's and she is not looking forward to a jury trial . At what point can I invoke my rights to arbitration ? Can it be done even if a trial date is set ? 6/29/2009 3MTN TO DISMISS - CIVIL 6/29/2009 2MTN TO DISMISS - CIVIL 6/29/2009 1MTN TO DISMISS - CIVIL 6/24/2009 DF11SUMMONS/NTA RETURN SRVD:SRVD 6/5/09 6/17/2009DF11MOTION:DEF'S MOTION TO QUASH SERVICE (CLERK MAILED COPY TO PLTF'S ATTY) 5/22/2009 DF11SUMMONS/NTA ISSUED: 7/23/09 @ 10 AM 5/11/2009 5COMPLAINT: 5/11/2009 4MEMORANDUM TO CLERK 5/11/2009 3FILING OPENED FOR SRS 5/11/2009PL12ASM:SC SUMMONS ISSUED 5/11/2009PL11ASM:SC FF $500.01 - $2500 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX 6/26/2009 1MTN TO DISMISS - CIVILDEF'S MOTION TO DISMISS COMPLAINT (CLERK MAILED COPY TO PLTF'S ATTY) 6/24/2009DF11SUMMONS/NTA RETURN SRVD:SRVD 6/5/09 /17/2009DF11MOTION:DEF'S MOTION TO QUASH SERVICE (CLERK MAILED COPY TO PLTF'S ATTY) 5/22/2009DF11SUMMONS/NTA ISSUED:7/23/09 @ 9 AM 5/11/2009 4COMPLAINT: 5/11/2009 3FILING OPENED FOR SRS 5/11/2009PL12ASM:SC SUMMONS ISSUED 5/11/2009PL11ASM:SC FF $500.01 - $2500 Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx 6/26/2009 1MTN TO DISMISS - CIVILDEF'S MOTION TO DISMISS COMPLAINT (CLERK MAILED COPY TO PLTF'S ATTY) 6/24/2009DF11SUMMONS/NTA RETURN SRVD:SRVD 6/5/09 6/17/2009 1MOTION:DEF'S MOTION TO QUASH SERVICE (CLERK MAILED COPY TO PLTF'S ATTY) 5/22/2009DF11SUMMONS/NTA ISSUED: 7/23/09 @ 9 AM 5/11/2009 4COMPLAINT: 5/11/2009 3FILING OPENED FOR SRS 5/11/2009PL12ASM:SC SUMMONS ISSUED 5/11/2009PL11ASM:SC FF $2500.01-$5000 Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx 6/26/2009 1MTN TO DISMISS - CIVIL 6/23/2009 5MISCELLANEOUS DOCUMENT 6/23/2009 4REQUEST FOR PRODUCTION 6/23/2009 3REQUEST FOR ADMISSIONS 6/23/2009 2INTERROGATORIES 6/23/2009 1MEMORANDUM TO CLERK 6/17/2009 5REQUEST:DEF'S DISPUTE TO COMPLAINT 6/17/2009 4ANSWER AND AFFIRMATIVE DEFENSEDEF'S ANSWER TO COMPLAINT AND DEFENSES (F.I.O.C.) 6/17/2009 3MOTION:DEF'S MOTION TO REQUEST PRODUCTION OF DOCUMENTS (F.I.O.C.) W/ATTACHMENTS 6/17/2009 2REQUEST TO PRODUCEDEF'S COPY OF REQUEST TO PRODUCE TO PLTF (F.I.O.C.) 6/17/2009 1PRE TRIAL CONFERENCE ORDERDEF FILED ANSWER/AFFIRMATIVE DEFENSES (F.I.O.C.); DEF REQUESTED TRIAL BY JURY; PLTF OBJECTED; COURT WILL ALLOW TRIAL DATE TO BE SET BY MUTUAL CONSENT OF PARTIES; COURT WILL COORDINATE HEARINGS AS TO DEF'S MOTIONS 6/11/2009DF11SUMMONS/NTA RETURN SRVD:SRVD 5/20/09 5/11/2009DF16SUMMONS/NTA ISSUED: 5/11/2009 5COMPLAINT: 5/11/2009 4MEMORANDUM TO CLERK 5/11/2009 3FILING OPENED FOR SRS 5/11/2009PL12ASM:SC SUMMONS ISSUED 5/11/2009PL11ASM:SC FF $2500.01-$5000 Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx