Bradly1

Cap. One CC Suit NV.

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Taking this bad Boy to Arbitration

I was served a summons and complaint about a week ago. Monday I will start the process to change to arbitration thanks to TrueQ's thread.

JUSTICE COURT, (My City Info Here), STATE OF XXXX

CAPITAL ONE BANK (USA), NA

Plaintiff,

vs.

(My Name Here),

Blah Blah I though X &

XXX CORP. I though X,

Inclusive,

Defendant.

Complaint

Comes Now, Capital One Bank etc etc, through its attorney, (I dont return calls please call my debt collection office) of XXXXX and XXXXX alleges and Follows.

1. Plantiff is a corp. and can do buisness in XXXX

2. Plantiff thinks and therefore alleges, (My Name), is a resident of XXXX, XX etc.

3. Bunch of legal garbarge that basically give them the right to discover and then sue anyone they find attached to account.

4. Stating that I sought out capital one to do buisness with(lie they were always sending me pre-aproved CC's every month) then gained a line of credit/revolving acct from plantiff, under acct # XXXXXXXXXXX

5/6 basically alleging I defaulted and even though they have demanded payment I wont pay and owe them $1XXX w/ pre/post judgement interest.

Wherefore, Cap 1 wants me pay them 1XXX and cost for suit.

and the standard clause, for such other and further relief as the court sees proper to give them.

Should be enough alteration while still keeping a rough outline of complaint.

Yes, act is still owned by the OC.

Ok, after about 4 days of pure panic I calmed down to just a state of semi panic I started to researcg, Believe me Pro-se sucks if you never have reserched this before.

Facts: Cap 1 Late 2008/early 2009: Got a call from a rep alleging they were with Cap 1. He then presisted in telling me I owned them XXXX dollars.

The man I spoke to was from India or a person with a thick Indian accent. I told him that I in no way owed that much I would need him to send me a copy of Itemized Statement because I was disputing charges and I wanted verification of account as well. He told me that he worked for Cap 1 and was not required to send that information. The argument turned rude or semi-rude so I told him without that information I could not speak with him about the alleged account.

I fired off a dispute and account verification letter to Cap 1. To this date they have not answered. Over the course of a year I have lost my original copy of both letter and certificate of mail.

After and around a year + a few months I get a summons from the Lawfirm. Guy who summoned me was nice enough but he still hasn't put his darn confimation of summons in so I can't verify the date so I can stop the lie before a Judgement is put against me if we are dealing with a corrupt summons issuer. I however, wrote the date down on the summons as soon as I recieved it.

After about 4 days of researchI paniced and called the office to discuss a pre-trial settelment. Knowing full well that I might not get the lawyer and would be blocked by his firms debt collection blood suckers.

I keeped notes on the conversation in a Journal which I have been using since I recieved the summons.

Here is the Jist, so anyone who wants to know don't bother with it. If you cant confirm you are talking to a lawer on the case hang up its a waste of your time unless your calling to pay in full or at/around 75-85% the higher more then likely your only offer.

I stated before I started conversation, blah blah, not liable, blah blah not admitt or accept debt as mine blah blah, buisness deal to avoid, cost, time etc etc. Person stated ok, I confirmed they were auth to settle suit on account. Yes. Talked to them gave final offer, was told had to confer with lawyer. Before, call ended was told lawyer had walked in, person answered phone, confirmed being a lawyer with a yes. Then proceeded to screw me more then other person.

Here is a question, Person obviously lied about being a lawyer wouldnt give last name and bar # when called back. Do I have a case against them? Can I report the lawyers to whom are stated on suit to the bar by having emp who lie about being lawyers. Only thing I am sure of is the act of Fraud that was commited during my discussion.

I am cluess about the laws for the most part and only now after 8 days of research are starting to gleen the info I might need. This comming week to make sure i have enough time to mail info to attourneys I have to be ready and done are at least done. Seems simple enough but any help on the process of arbitration or possible claims I can make from the above examples would be helpfull.

Edited by Bradly1
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This is easily overcome.

When you initiate a JAMS arbitration against Cap1, file a big Federal or state claim against Cap1.

If your small claim limit is $5000 in your state, file a $10,000 claim against Cap1!

I've screwed 2 bar lawyers on small claim exclusion because, by the time they actually read the clause, court already ordered the stay.

So if other side brings it up, just say judge, "that phrase will not apply because my claim against Cap1 is X."

In all honesty, and I'm not kidding about this, many lawyers do not understand arbitration itself much less dig into the intricacies of the clause.

This is why Cap1 has "special arbitration counsel" just to handle arbitrations nationwide! Local counsel generally don't handle arbitrations for Cap1.

Edited by trueq
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So, the process as I see it so far.

1. Fire off 2 letters one to CA and one to OC that you are envoking arbitration Cert. and RR

2. File answer to summons.

3. Wait for Dismissal or MSJ.

3. Motion to dismiss/pospone and compel Arbitration, attch letters to envoke and a copy of CC agreement.

4. Wait for a hearing? Take the CA down the long road of Arbitration as provided by the Agreement.

I am however, not sure what is the benifit of going straight to JAMS and file? It's pre-emptive and nice, it allows you to pick the venue of JAMS and avoid a court trying to decide for you. However, I have read here that the other 2 venues are defunct how so?

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NAF IS LEGALLY PROHIBITED BY MN AG FROM ARBITRATING CREDIT CARD CASES BY THE CONSENT DECREE. SHOULD NAF TAKE A CREDIT CARD DEBT COLLECTION, NAF COULD BE CRIMINALLY PROSECUTED!

AAA says its not taking initiated credit card debt collection cases from creditors/JDBS's, and I'm still finding this to be true, however, I have seen/heard some anecdotal evidence, informally, that AAA will accept debt collection cases from creditor/JDB if creditor/JDB is under court order to initiate.

I got 3 court cases in this status now and creditor has until 4/1/10 to initiate with AAA under court order...so I will see if AAA is walking their press release not to take these from creditors.

There is a lot of advantage to "shoving it down their throat" by initiating arbitration yourself. (Thanks to MG05 for really convincing me that "laid back" approach is not always the best approach.)

1.) you chose forum

2.) gets rid of any court shennanigans, like surprise SJ shoved down your throat.

3.) it brings the issue to a quicker head....either they will spend a ton of money going after you in arbitration or they won't! I have 3 cases where its taken creditor 14 months to initiate...had I shoved it down their throat from beginning, these cases probably would have been dismissed by now, but I'm just grinding them now. They got 30 days by court order and if they don't (or can't) initiate in AAA I will really go after them.

4.) Also prevents other side from whining about lack of access if forums refuse their paperwork (they may bring a motion to strike their own clause!). If you initiate, point is moot.

Its about making them think long and hard about the expense of going after you!

In JAMS, if you fully grind it out, discovery, motions, full hearing, their arbitration fees will run 10k-15K.

Edited by trueq
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