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Hello, I am new to this forum and so glad I have found. I have been reading through the board but havent been able to go about filing my arbitration. I was served papers back in April for a court date of 8/3/2018. I decided to call the company and settle. I wish I didn't after finding about this information later. I have made one payment to Portfolio recovery for this account from Synchrony bank. Am I still able to file arbitration? When i check the court records online it says a copy of the judgement was sent to both parties but I never received it. How do I go about this. I also have another account with portfolio recovery services for synchrony bank/walmart. I haven't been served papers for this as yet. Can I go ahead and file arbitration for this? Also, how do I find a copy of the consumer agreement? I do not have any old statements. Is it possible to do so online. Any information would gladly be appreciated. Thank you
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.
I recieved a summons and complaint, by a serving officer in the state of Michigan. Barely anything was attached to it, except 7 statements to the court which I will now copy 7 Claimed Statements and what my reponse would be (I Just have no idea how to send it) 1. Jurisdiction and Venue are proper in this court. (the 60th district, has jurisdiction over me I don't dispute that). Me- The Defendant admits this allegation in its entirety 2. Defendent entered into an agreement with the plaintiff's assinor, SYNCHRONICITY BANK, for an account number ending in XXXX (Honestly don't know if I did) Me- The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial. 3. Upon Infomrmation and belief, Defendent has poession of this contract upon which this claim is based (either I didn't open it (the account), or I lost it) The Defendant denies this allegation in its entirety 4. The Account Was duly assigned, in the normal course of buisness, to the plantiff. (I Have no idea if they bought it or can prove it) me- The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial. 5. Plantiff and/or it's assignor completed performence under the terms of its account (I have no idea what that means) Me- C. The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial. 6. Defended Has defaulted under the terms and the condtions of the account by failing to pay as promised (again no idea if I opened this account (Bipolar as hell), or they even bought it correctly if I did) me- The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial. 7. There is presently due and owing the sum of 1366.18. plus costs and atty fees. (again no idea) Me -C. The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial. I'm bipolar I had my identity stolen before and I actually have some bad debt, I have no idea of who where and what to respond to but I can't afford this I have no bank account because I am on disability and my wife pays everything on my behalf, secondly I do real estate 2 very old cars one worth 2000k and one worth 4500k, and 1 modest home. The cars are paid for and I have about 30000 worth of equity in my home. Thing is I have no idea if I opened this, second I don't want a lien on my property or for it to be acutioned off, how do I respond (Mail, Phone, email) secondly where this is the 60th district court.... I want a day in court to explain. What should I do?