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Wife got served


shotgun7
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I knew it was coming, and just a few days before christmas we got an early present. Wife got served. She is being sued by a CA on behalf of CITI (not a JDB)

 

My question is more about timing.... and how things might go. We live in rural, arkansas infact about 125 miles from where the CA is based. everything appears to be on the up and up, there is really no denying it and don't think we could win, but I don't want to just give them a default judgement. We will more than likely be filing for BK in March anyways, but there is the chance we may not. But if we do it will not be any sooner than that. We plan to remove her name from all checking accounts the first part of the month. She has no real assetts other than a car (old and not worth much) Her name is not on the mortgage and she has no other assets.

 

My only concern is, we normally get and are expecting to get a very large tax refund this year, Any tips on keeping them from garninsing or intercepting it? We need it to buy some new appliances, and take care of some needs we have been putting off... We will be able to spend all of it, and keep a record of it so it will not be a problem for the BK.

 

I know I have 30 days to file the answers and plan to file them and send them in the first part of Jan. after I send them in what happens next? Will they request a summary judgement? If so, How long will that take to get? If they get it, is there an time they have to wait to do anything. I like said, I only really need to buy a couple months maybe 3 at the most.

 

We are in Arkansas by the way.

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The first thing I would recommend is to answer. Because in default they don't have to prove anything. If you answer they will try to pressure you with bullying and such but you have some laws on your side. You can even move for arbitration if you want and the amount is low. You see fight it out=drag it out and gives you time to think.

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"Just look up Coltfan"

I could not find any information on such a person,never heard of him. :ROFLMAO2:

http://www.consumerfinance.gov/credit-cards/agreements/issuer/196/

Agreement 5

This will slow them down,you will need to buy some ink for your printer,you could even win.

http://www.creditinfocenter.com/community/topic/314030-the-strategy-and-steps-of-arbitration/

ARBITRATION

PLEASE READ THIS PROVISION OF THE AGREEMENT

CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE

RESOLVED BY BINDING ARBITRATION. ARBITRATION

REPLACES THE RIGHT TO GO TO COURT, INCLUDING

THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE

IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION,

A DISPUTE IS RESOLVED BY AN ARBITRATOR

INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES

ARE SIMPLER AND MORE LIMITED THAN COURT

PROCEDURES.

Agreement to Arbitrate:

 

 

Either you or we may, without the

other’s consent, elect mandatory, binding arbitration for any

claim, dispute, or controversy between you and us (called

“Claims”).

Claims Covered

What Claims are subject to arbitration?

 

 

All Claims relating

to your account, a prior related account, or our relationship

are subject to arbitration, including Claims regarding the

application, enforceability, or interpretation of this Agreement

and this arbitration provision. All Claims are subject to arbitration,

no matter what legal theory they are based on or what

remedy (damages, or injunctive or declaratory relief) they

seek. This includes Claims based on contract, tort (including

intentional tort), fraud, agency, your or our negligence,

statutory or regulatory provisions, or any other sources of

law; Claims made as counterclaims, cross-claims, thirdparty

claims, interpleaders or otherwise; and Claims made

independently or with other claims. A party who initiates

proceeding in court may elect arbitration with respect

to any Claim advanced in that proceeding by any other

party. Claims and remedies sought as part of a class action,

private attorney general or other representative action

are subject to arbitration on an individual (non-class,

non-representative) basis, and the arbitrator may award

relief only on an individual (non-class, non-representative)

basis.

Whose Claims are subject to arbitration?

 

 

Not only ours and

yours, but also Claims made by or against anyone connected

with us or you or claiming through us or you, such as a

co-applicant or authorized user of your account, an employee,

agent, representative, affiliated company, predecessor or

successor, heir, assignee, or trustee in bankruptcy.

What time frame applies to Claims subject to arbitration?

Claims arising in the past, present, or future, including Claims

arising before the opening of your account, are subject to

arbitration.

Broadest interpretation.

 

 

Any questions about whether Claims

are subject to arbitration shall be resolved by interpreting this

arbitration provision in the broadest way the law will allow it

to be enforced. This arbitration provision is governed by the

Federal Arbitration Act (the “FAA”).

What about Claims filed in Small Claims Court?

 

 

Claims filed

in a small claims court are not subject to arbitration, so long

as the matter remains in such court and advances only an

individual (non-class, non-representative) Claim.

What about debt collections?

 

 

We and anyone to whom we

assign your debt will not initiate an arbitration proceeding to

collect a debt from you unless you assert a Claim against us

or our assignee. We and any assignee may seek arbitration

on an individual basis of any Claim asserted by you, whether

in arbitration or any proceeding, including in a proceeding to

collect a debt. You may seek arbitration on an individual basis

of any Claim asserted against you, including in a proceeding

to collect a debt.

How Arbitration Works

How does a party initiate arbitration?

 

 

The party filing an

arbitration must choose one of the following two arbitration

firms and follow its rules and procedures for initiating and

pursuing an arbitration: American Arbitration Association or

JAMS. Any arbitration hearing that you attend will be held

at a place chosen by the arbitration firm in the same city as

the U.S. District Court closest to your then current billing

address, or at some other place to which you and we agree in

writing. You may obtain copies of the current rules of each of

the arbitration firms and forms and instructions for initiating

an arbitration by contacting them as follows:

American Arbitration Association

800-778-7879 (toll-free)

Website: www.adr.org

JAMS

800-352-5267 (toll-free)

Website: www.jamsadr.com

At any time you or we may ask an appropriate court to

compel arbitration of Claims, or to stay the litigation of Claims

pending arbitration, even if such Claims are part of a lawsuit,

unless a trial has begun or a final judgment has been entered.

Even if a party fails to exercise these rights at any particular

time, or in connection with any particular Claims, that party

can still require arbitration at a later time or in connection

with any other Claims.

What procedures and law are applicable in arbitration?

A single, neutral arbitrator will resolve Claims. The arbitrator

will be either a lawyer with at least ten years experience or a

retired or former judge, selected in accordance with the rules

of the arbitration firm. The arbitration will follow procedures

and rules of the arbitration firm in effect on the date the

arbitration is filed unless those procedures and rules are

inconsistent with this Agreement, in which case this Agreement

will prevail. Those procedures and rules may limit the

discovery available to you or us. The arbitrator will take

reasonable steps to protect customer account information

and other confidential information if requested to do so by

you or us. The arbitrator will apply applicable substantive law

consistent with the FAA and applicable statutes of limitations,

will honor claims of privilege recognized at law, and will have

the power to award to a party any damages or other relief

provided for under applicable law. You or we may choose to

have a hearing and be represented by counsel. The arbitrator

will make any award in writing and, if requested by you or us,

will provide a brief statement of the reasons for the award. An

award in arbitration shall determine the rights and obligations

between the named parties only, and only in respect of the

Claims in arbitration, and shall not have any bearing on the

rights and obligations of any other person, or on the

resolution of any other dispute.

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

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IN THE CIRCUIT COURT OF MY COUNTY ARKANSAS
Plaintiff
Banks name
Vs
Defendant
John Doe
Case Number

MOTION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION AND DISMISS OR IN THE
ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION
COMES NOW the Defendant my name appearing Pro Se for its Motion to Compel Private Contractual Arbitration with Banks Name and as grounds thereto states the following:
1. That on or about September 27, 2012, Plaintiff filed its Complaint against Defendant.
2. Defendant moves this court to compel binding Private Arbitration with Jams based on the terms and conditions of the Banks name Credit Card Agreement (see Exhibit A, attached).
3. The parties are bound by the Banks name Credit Card Agreement. The Arbitration Agreement states among other things:
(a) YOU AND WE AGREE THAT EITHER YOU OR WE MAY, AT EITHER PARTY SOLE ELECTION REQUIRE THAT ANY CLAIM BE RESOLVED BY BINDING PRIVATE ARBITRATION.
(IF YOU OR WE ELECT PRIVATE ARBITRATION OF A CLAIM,NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY.
(c ) YOU OR WE MAY ELECT ARBITRATION UNDER THIS ARBITRATION
PROVISION WITH RESPECT TO ANY CLAIM, EVEN IF THE CLAIM IS PART OF A LAWSUIT
BROUGHT IN COURT. YOU OR WE MAY MAKE A MOTION OR REQUEST IN COURT TO COMPEL
PRIVATE ARBITRATION OF ANY CLAIM BROUGHT AS PART OF ANY LAWSUIT.
(d) CLAIM MEANS ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND OR NATURE BETWEEN YOU AND US.
(e) THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY AND ENFORCEABLE UNDER THE FEDERAL ARBITRATION ACT.
4. The Federal Arbitration Act (FAA) 9 USC Section 1-2 provides:A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration, a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract transaction, or refusal, shall be valid, irrevocable and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.
5. The Supreme Court Ruling, decided April 27, 2011, ATT MOBILITY LLC v. CONCEPCION ET U, states that courts must enforce arbitration agreements according to their terms. If there is an arbitration clause in the contract, that clause must be honored. "We have described this provision as reflecting both a liberal federal policy favoring arbitration,Moses H. Cone , supra, at 24, and the fundamental principle that arbitration is a matter of contract,Rent-A-Center, West, Inc. v. Jackson , 561 U. S. ____, ____ (2010 (slip op., at 3). In line with these principles, courts must place arbitration agreements on an equal footing with other contracts, Buckeye Check Cashing, Inc. v. Cardegna , 546 U. S. 440, 443 (2006) , and enforce them according to their terms, Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ. , 489 U. S. 468, 478 (1989) ." Furthermore, "The principal purposeof the FAA is to ensure that private arbitration agreements are enforced according to their terms. Volt , 489 U. S., at 478; see also Stolt-Nielsen S. A. v. Animal Feeds international Corp. , 559 U. S. ___, ___ (2010) (slip op., at 17). This purpose is readily apparent from the FAA text. Section 2 makes arbitration agreements valid, irrevocable, and enforceableas written (subject, of course, to the saving clause); requires courts to stay litigation of arbitral claims pending arbitration of those claims in accordance with the terms of the agreement; and requires courts to compel arbitration in accordance with the terms of the agreement upon the motion of either party to the agreement . "
6. The Defendant elects arbitration with jams to settle this dispute.WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration with Banks Name pursuant to the Cardmember Agreement and to dismiss Plaintiffs complaint due to Lack of Subject Matter Jurisdiction or in the alternative, to stay proceedings pending contractual arbitration.
Respectfully submitted this day 09/28/2012
my name
Defendant, pro'se

http://www.jamsadr.c...tion_Demand.pdf print out three
http://www.jamsadr.c...esubmission.pdfprint out three
Banks name credit agreement (3) copies 1 for you 1 for the court 1 for the plaintiff
us mail, use a certificate of service, sent certified mail return receipt requested

This Site is only provided for entertainment purposes only and as a public resource for general information.If you need legal advice call your Attorney.

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I have thought about trying Arbs, but 1, this is CITI we are talking about, they suck... 2, the contract has a small claims clause in it, and in arkansas the small claims is 5000 or less, and this amount is less than that. 3. do not have the filing fee at this time.

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My only concern is, we normally get and are expecting to get a very large tax refund this year, Any tips on keeping them from garninsing or intercepting it? We need it to buy some new appliances, and take care of some needs we have been putting off... We will be able to spend all of it, and keep a record of it so it will not be a problem for the BK.

 

You might want to check your bk exemption for household items.  I don't know about your state, but in my state we have to estimate the value all household items (appliances, furniture, etc.).  New appliances would be worth more. 

 

I don't know how large your refund will be, but again in my state, we're only allowed to exempt $5000 in cash ONLY IF we don't claim a homestead exemption.  However, we are allowed a $5000 wild card exemption.

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You might want to check your bk exemption for household items.  I don't know about your state, but in my state we have to estimate the value all household items (appliances, furniture, etc.).  New appliances would be worth more. 

 

I don't know how large your refund will be, but again in my state, we're only allowed to exempt $5000 in cash ONLY IF we don't claim a homestead exemption.  However, we are allowed a $5000 wild card exemption.

In arkansas we can use fed exemptions, we should be well covered on everything but, I traded some land for a truck with my dad last year and want to get a year past that, plus have to get 90 days past last purchases on all cards. I will probably also have my refund sent as a check instead of dd, just to be on the safe side.

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I have thought about trying Arbs, but 1, this is CITI we are talking about, they suck... 2, the contract has a small claims clause in it, and in arkansas the small claims is 5000 or less, and this amount is less than that. 3. do not have the filing fee at this time.

Addressing #3 fee waivers are granted even if you are working. So try to file one anyway. If you don't want to fight this I understand. The citibank records are a 50/50 proposition. If you don't want to fight then at a minimum let them get default but the will go for wage garnishment ricky tic. If your spouse is not up to a fight then we understand.

 

I know we want to help our spouses but always I am saying that the spouse should come here and post also. It is to prevent what sometimes happens in relationships as a more dominant spouse speaks for the spouse that is in trouble. What we like is to strengthen both spouses at the same time. The advice here is geared to prevent collection abuse and to use strategies to win.

 

I know all that seems harsh but Sometimes defaulted debt is used as a method of control in an abusive relationship and we have to be constantly vigilante for that.

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There are ways to drag these out for often at least a year.  You should be able to make it to March.  Once you file the BK, all cases against you move to the BK court which basically halts them in their tracks.  You'd have to list them as a creditor, anyway, so this isn't really changing anything.  The question you need to ask yourself is, if you would find a way to avoid BK, would you still be able to pay any judgment on this suit?  My guess is that being on the edge of BK w/o a suit would put people over the edge if there is a suit.  Life after BK is not that bad, either.

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There are ways to drag these out for often at least a year.  You should be able to make it to March.  Once you file the BK, all cases against you move to the BK court which basically halts them in their tracks.  You'd have to list them as a creditor, anyway, so this isn't really changing anything.  The question you need to ask yourself is, if you would find a way to avoid BK, would you still be able to pay any judgment on this suit?  My guess is that being on the edge of BK w/o a suit would put people over the edge if there is a suit.  Life after BK is not that bad, either.

 

Well if things stay the same, no we could not afford to pay it. But, in addition to working full time I also have a small business that I have been trying to get going the last couple years, and may acutally have success with doing so in 2013. In all honesty I would like to go ahead and file and get a fresh start, the only thing that would make me want to try to avoid it is my wife has some health issues. However, the middle of jan I will be able to get her back on insurance and we will be able to find out exactly where we stand with those. Its one of those things, it could be serious and we have to deal with it right now, or it could be another 15-20 years before she has issues.

 

So, if we file the answers, and avoid a default judgement that will atleast buy us some time till we can get everything figured out.

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I agree with the the delay tactics. Do you have a date set to appear in court yet?

 

If AR is like TN your first court date will be nothing more than a hearing. If you challenge them the judge will set a court date based on when the plaintiff's attorney will be back in court. More than likely it will be more than a couple of months. If its sooner ask the judge for a later date due to health issues. By that time you can just show your BK paperwork to the judge. Your attorney can handle it from there. Just make sure and have anything required filed by the deadlines in order to avoid a default. In TN all it takes is a certified sworn denial before the first hearing. COLTFAN1972 can tell you what is required in AR.

 

I also agree to get your wife involved in this discussion. I wish you both the best of luck!

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No date yet that I seen, It just said I had 30 days to answer the summons or they would get a default judgement.

You should be fine then. Just get the guys familiar with AR law to help you with the summons. Get it in close to the 30 days. The chances are pretty good your first court date may be March or later. Then your BK attorney can take over. COLTFAN1972 knows a good attorney in AR if you don't already have one. 

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  • 3 weeks later...

Just a quick update, and a thank you to all. We filled out the answers using a simple form found here. The first one was just asking about location and jursidiction, we denied all the rest. Filed it with the clerk, and sent a copy to the CA within a few days we got a letter back with a court date of april 3rd so, it worked out perfect. I still plan to file BK but atleast I don't have to worry about a bank levy right now.

 

Thanks again for the help! ::punk::

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