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Found 1 result

  1. In MN. Received pocket summons (no court file yet) from debt collector law firm representing 1st creditor. I understand I have to respond to summons to avoid default judgment. I would like to push this to arbitration with JAMS since it was part of the original contract that either party could request. I am hoping debtor fee for arbitration will make them rethink settling or dropping it. Or if neither, level the playing field a bit since I can't afford to hire an attorney. I am a cosigner on account. We are both listed on the pocket summons. Can we respond with one set of answers with both our names on it? Do I include in my answers that I am invoking my right to choose arbitration? If yes, where/how do I do this in the response? Do I need to actually initiate arbitration (ie contact JAMS and initiate) before sending in answer? Do I need to send letter to debt collection attys and creditor re exercising right to use JAMS for ADR before I send in answers, or can I do it at same time (ie attys for creditors would receive both ADR and answers at once)? This is involving a subprime car loan. I surrendered the car because it never worked right and supposed "warranty/service agreement" they charged me for never fixed the problem (inconsistent starting). I was never informed of time/place of sale of car. Nor was I informed of sale price of car and given an accounting of my "balance owing" - even after several requests to car dealer, creditor, and creditor's attys. My understanding is that this is required and could be cause for dismissal of suit. Do they have to give proof of sale price of car (w VIN on it so I know it refers to the car in question)? Can I argue these failures as an affirmative defense in my answers or do I just say I don't know actual account balance so I cannot admit owing anything? I don't know how aggressive to be with this in answers or how to say it. Thanks in advance for any advice!