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I received a summons and complaint, and responded to that, and a few days ago, I received by mail, a letter for court ordered mediation.  Do I need to consult an attorney at this point, or can I continue on by myself?  They have not produced any proof of this debt being mine.  Is there a chance the other attorneys may not show?  They are from the other side of the state.  I have 60 days to call to schedule something.  

 

Thanks for any insight.

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Mediation is a process used to help people reach agreements. In this process, a neutral, trained mediator works with people to discuss all of the issues related to their case, to explore possible options for settlement.We dont like to settle with junk debt buyers. We beat them in court.It's just a process to try to keep the case out of the court.The junk debt buyer attorney will try his best to get you to sign the paper on the clipboard he will put in your face,he will tell you that there is no way you can beat him with the evidence he will present.Tell him you want court and will not settle.

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Guest usctrojanalum

mediation is pretty simple, don't think you will need an attorney for this. it's something the court uses to relieve the docket of cases.

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What do I need to do to prepare, and should i wait a bit to call and schedule something?  Is there a fee for this, and any idea how much?  This is making me quite nervous, and any  insight/info I can get, I'd appreciate.

 

Thanks

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It also says:       the attorneys who intend to try the case shall attend the mediation in person.

                          parties to the action and others having information and authority adequate for responsible and effective participations in mediation, including settlement authority, shall                                  attend the mediation in person.  Parties shall bring all necessary exhibits to present at mediation.  (does this mean any proof they should have)

                           The parties must provide to the mediator, as soon as possible, the names of these individuals.         

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The link states that it is a .jpg file from Kalamazoo's court website ......... probably moved or removed since Brotherskeeper bookmarked it.

I can't access it either on an XP Pro machine.

 

I can't find anything that states that wewe is from Kalamazoo county anyway ....... Ottawa City comes up empty ........ Ottawa Lake is a city but nowhere near Kalamazoo county ......... as irrelevant as this all may be.

 

That being said .......... ADR is  ....... as racecar and usctrojanalum state, a pretty simple process. Just don't admit to anything or sign anything that you don't agree with and deny ...... deny ........ deny.

 

I just can't remember ever having an account with [JDB or OC] and they haven't provided proof, to my satisfaction, that it is my debt.

 

No, i don't want to settle on an alleged debt when I don't think it is mine.

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I can't open that Kalamazoo link either. Sorry :(  I googled court ordered mediation Michigan, and found the jpg at http://www.kalcounty.com/Courts/Admin/alt-disp-res.htm   

 

Is it Ottawa County? Here's something on ADR (Alternative Dispute Resolution) from Ottawa County:

http://www.miottawa.org/Courts/20thCircuit/ADR.htm 

 

ADR Clerk

The Court shall employ a full time ADR Clerk The ADR Clerk shall maintain all records pertaining to the Court’s ADR Program, including applications for and lists of case evaluators, general civil mediators, and domestic relations mediators. The ADR Clerk shall be responsible for coordinating the referral of cases to ADR and tracking the progress of cases through ADR processes.

Providing Information About ADR

The ADR Clerk shall be responsible for providing information about the Court’s ADR Program to litigants and the general public. The Court will educate and inform the public about ADR options. The court will develop a form letter inviting anyone interested in providing mediation services to complete an application and a general public information brochure which will be available to the public. This brochure will include, among other things, information regarding the voluntary nature of ADR and a litigant’s right to object to mediation by timely motion, as well as the provisions for indigent litigants. The Court’s annual ADR report will also be made available to the public.

 

If it isn't Ottawa County, wewe should call the court and ask where to get mediation info, and then fill out the CIC forum questions so the Michigan experts can assist. 

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Thanks for the great info.  So, you all are saying that at this point I don't need to contact a lawyer.  But what I'm wondering is, if I don't bring a lawyer with me, and then wind up going to court, will it still be ok at that point to bring a lawyer to court, since I did not bring one to mediation, when it said that any attorney intending to try to case should show up in person at mediation, and throughout this whole process, can I at any point decide to go the bankruptcy route (which I'm trying really hard not to do, and I will someday take care of these debts), or is there a point when it is too late to do that.  I know I owe these debts, and I want to take care of them someday, but I can't right now, so I really don't want to go through bankruptcy and wipe them out completely, but I sometimes feel like I'm being pushed into that decision.  

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This stupid forum's code won't let me search all of your posts so I can't, at this time, determine if you're being sued by a JDB or OC.

If it's a JDB ...... you have the resources right here to beat them with research and education.

 

You may bring an attorney into the frey at any point in time regardless of who the plaintiff may be. You probably won't be able to find one that won't just suggest a settlement in any event.

 

Bankruptcy would be a card you could play when / if the plaintiff can obtain a judgment against you. It will wipe the debt.

Do the work .......... don't give up...........

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OK, you have given me the encouragement to try this on my own.  I believe it is a JDB, as it says FIA is the plaintiff, and This correspondence comes from_______ _______ The plaintiffs attorney.  So, where do I begin to research and educate myself?  So far they have not given any proof that this is truly my debt, only the usual affidavit.  

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If the complaint states that the plaintiff is FIA Card Services ....... you are facing an original creditor; they are the servicing department for Bank of America.

 

In my case with FIA, I persued arbitration; they dismissed the case. This may be an option for you depending on the dollar amount of the alleged debt.

 

You can read about the Strategy and Steps of Arbitration here.

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Thank you very much for your input.  That all looks so confusing to me, and now I'm nervous again because it is the OC.  I feel like I'll never win against an OC, and I will come out of mediation in terrible shape.  I don't have any of the original paper work, like the original contract, etc.  I don't even know what year it was opened.  How would I go about about getting that info?

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OK, this account was opened in 2003, and the last payment date was 12/2011.  It was charged off in 08/2012.  the amount is 19,000.  Just as an fyi, in the affidavit that was sent with the summons and complaint, said, the account number was xxxx xxxx xxxx xxxx, before the charge off, and then it says it was subsequently changed to zzzz zzzz zzzz zzzz.  Is this important or mean anything?  

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I don't know why an OC would change the account number after charge off.

 

I was going for arbitration for you but with an alleged account balance or $19,000 they are going to fight HARD even if you get into arbitration.

The SOL argument isn't going to fly with a last payment date of 12/2011 even using FIA's Delaware location; and in MI's court system, that is an almost impossible argument to make ........... in arbitration, most possible, but your aren't even close to the 3 year SOL for Delaware.

 

Do you have any FDCPA violations that you can possibly allege to gain some leverage?

Oh, wait ........... sorry .......... OC's are not subject to FDCPA regulations

 

Sorry I can't be any more helpful ......... this is above my pay grade.

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I guess you could still try arbitration.

FIA (or BofA) has a known proclivity against arbitration.

I've been contacted twice by attorneys for FIA and each time, I elected arbitration to settle our differences ........ they backed off.

You never know until you try!

It would be better than going to court.

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To the best of my knowledge, court ordered mediation is nothing more than you and the plaintiff's attorney getting together and presenting your case and attempting to settle your differences without a judge present.

There will be an arbitrator in charge of the  mediation.  Doesn't cost the plaintiff much, if anything. This is an attempt to keep the court's docket from filling up with cases. I have never attended a COM (or ADR = Alternative Dispute Resolution) so I'm making an educated guess here.

 

Contractual Arbitration ( not in the court) costs the plaintiff a LOT of money (if in JAMS)  and, generally they will not pay the fees required by the arbitrator. 

In your case, however, they may actually follow you into contractual arbitration due to the dollar amount of their claim.

In contractual arbitration, you should have violations to allege against plaintiff  if you initiate.

 

I hope this helps ..........

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OK, thank you for such good info.  What I'm wondering is, if anyone has dealt with FIA (BOA), and be able to come to agreement over a monthly payment plan.  In doing that, I know that when I defaulted, the loan balance was only about 9,000, and now is up to 19, 000, so is there any chance they will lower the amount AND be willing to accept a very low monthly payment.  (I can only afford $100 at this time.)  Otherwise they will push me into bankruptcy, and then they will get nothing.  If they don't accept a low monthly payment, and want to pursue court, at that time I will tell them I will file, (and I will, I will have no other choice.)  Anybody out there that has dealt with this type of scenario?

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