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Not quite sure where to begin, so here goes. I'm going to admit right off the bat I handled this very poorly.

 

Got a summons from Calvary Portfolio for $1425.79. Spoke with a local lawyer, and he said don't show up for court they will just garnish you. You see I finally have a very good job, and maybe he thought I could afford to be garnished. I was dumbfounded, and left feeling I should try and work out payments with them. Well I called, and simply said, "I didn't have that kind of money, can I make payments?" The man didn't identify himself but said, "I don't know who you think you're talking to, this is an attorney, not a debt collector!" I said, "I can't afford that much money." He said he would see me in court, and hung up.

 

This all happened about 2 weeks before court. I thought, if a lawyer told me not to go, I'd lose anyway. A few days after that I found a great article, explaining all about these debt collectors, and how my original credit card Orchard Bank, HSBC had actually charged off the account in 2009, and Calvary bought it. Call me stupid, I had no idea how it all worked till that article. It was suggested to send a request for production letter. Not sure if that's what they call it in Illinois, but I never received a certified letter, and I knew there was no time to do it. So I decided to go and defend myself.

 

It was Monday March 18th. I had all my notes, was scared to death, but ready. Finally the Judge called my name. First thing he asked me was did I want to talk to the Plaintiffs Attorney, I said no. He then said the amount, and asked if I agreed or disagreed? Disagree, I said. After a long pause he said, "why?" I said, "Plaintiff has failed to state a claim upon which relief may be granted." Immediately Plaintiffs Attorney said to the Judge, "internet!" And they both laughed. Then I got a 5 minute lecture about defending myself, ending with him saying have your witnesses and evidence ready we will set this for trial. It was all I could do not to scream and say, "I thought the burden of proof was the plaintiffs!" I knew to keep my mouth shut or I would have lost then.

 

So trial is set for May 6th. Am looking for advice on how to proceed from the experts here. I truly feel I am not going to get a fair trial anyway. Also found it interesting that Giovanni Rodriguez who had duly sworn Affidavit Of Claim, was no where in the courtroom to even be questioned. I guess Plaintiff knew he wouldn't need him.

 

Thanks in advance to all who can help!

 

Cathy

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First, answer the questions from here it will help people help you.

 

The court date you went to was the return date to answer the complaint. They wouldn't have the witness there for that, IF they have a witness show up it would be for trial. Now you need to start getting your defense together. A few places to start:

 

735 ILCS 5/ Code of Civil Procedure.

Supreme Court Rules - Art. II (Rules 101-300)

 

A few Illinois cases you might want to read:

 

Portfolio Acquisitions, LLC v. Feltman, 909 NE 2d 876 - Ill: Appellate Court, 1st Dist., 3rd Div. 2009 - Google Scholar

VELOCITY INVESTMENTS, LLC v. Alston, 922 NE 2d 538 - Ill: Appellate Court, 2nd Dist. 2010 - Google Scholar

Cole Taylor Bank v. Corrigan

 

In Illinois small claims discovery is only allowed with leave of court. You need to file a Request for Leave to Conduct Discovery. 

 

 

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Since your are being sued I would post this in " Is There a Lawyer in the House" instead of collections.

 

You can win against Cavalry, but you will need to study and learn the rules of your court in order to do so. Even in a biased court they rarely have the evidence needed to win if you know what to do. 

 

I wouldn't hire that lawyer you spoke with to handle a jaywalking ticket. If you decide to get an attorney check with a consumer attorney that specializes in consumer debt. 

 

http://naca.net/ 

 

or 

 

Click on each case and look at the plaintiff's attorney.  Cavalry violates consumer rights on a daily basis and these are the attorneys who are filing lawsuits against them. These are usually the attorneys who are the most aggressive also.

 

http://dockets.justia.com/search?query=cavalry&state=illinois&nos=890

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You did a good job of explaining your situation, but it will help others help you if you put it in this format. Many of the more experienced posters here scan through these and answering these questions will get you more eyes on your case. 

 

 

RACECAR's Questions

 

1. Who is the named plaintiff in the suit? 

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 

3. How much are you being sued for? 

4. Who is the original creditor? (if not the Plaintiff) 

5. How do you know you are being sued? (You were served, right?) 

6. How were you served? (Mail, In person, Notice on door) 

7. Was the service legal as required by your state? 

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued? 

9. What state and county do you live in? 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 

11. What is the SOL on the debt? 

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or      B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). 

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) 

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. 

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 


16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

 
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Several things here to remember. If this is not in small claims court, try and get a court reporter if possible. Also, DON'T be afraid to OBJECT to anything that is said in court should you disagree. This will help preserve your rights should you need to appeal.

Second, if you feel that you can't Handel this and can't find a good attorney, think about going the arbitration route with JAMS. You can read all about arbitration under Linda7's threads on arb. Just do a forum search for it. You can also use Google Scholar for any legal help that you might need. Good luck.

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Lets see if the Plaintiffs attorney says"internet!"

http://www.consumerfinance.gov/credit-cards/agreements/search/?q=HSBC

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

http://www.jamsadr.com/rules-download-rules/

ARBITRATION

Federal Arbitration Act

This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the

Federal Arbitration Act, 9 U.S.C. Sections 1 - 16 (the “FAA”). In making decisions or awarding remedies, the arbitrator

shall apply the applicable substantive Law, consistent with the FAA, that would apply if the matter had been brought in

court. The arbitrator shall provide written reasoned findings of fact and conclusions of law upon written request as set forth

in the applicable arbitration association procedures. The arbitrator’s award shall not be subject to appeal except as

permitted by the FAA and in the paragraph below captioned “Decision and Appeal.” Judgment upon the award may be

entered in any court having jurisdiction.

Claims

Unless you have exercised your right to opt out of this arbitration provision, as set forth in the paragraph below captioned

“Opt Out of Arbitration,” this arbitration provision shall apply to any Claim (defined below) by or against us, or you or any

other Covered Person (defined below). You agree any claim, dispute, or controversy (whether based upon contract; tort,

intentional or otherwise; constitution; statute; common law; or equity and whether preexisting, present or future), including

initial claims, counterclaims, cross-claims and third party claims, arising from or relating to (a) this Agreement, the

application, your Account, any debt cancellation or debt suspension product, any fraud prevention, identity protection or

other account enhancement products, any transaction or activity involving any payment or failure to make payment on

your Account, or any solicitation, advertisement, promotion, or oral or written statements related to this Agreement or your

Account or any of the foregoing, or ( B) the relationships which result from this Agreement and your relationship with any

Covered Person in connection with the matters set forth in subsection (a) of this paragraph (any of the foregoing a

“Claim”), shall be resolved, upon the election of you, us, or any other Covered Person described below, by binding

arbitration pursuant to this arbitration provision and the applicable rules or procedures of the arbitration administrator (the

“Administrator”) selected at the time the Claim is filed or received by a party to the Claim. However, “Claim” does not

include any dispute or controversy about the validity, enforceability, coverage or scope of this arbitration provision or any

part thereof (including, without limitation, the paragraph below captioned “Parties to Arbitration and Class Action Waiver”

and/or this sentence); all such disputes or controversies are for a court and not an arbitrator to decide. However, any

dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a

court, to decide.

Starting an Arbitration and Arbitration Administrators

If you or we elect to arbitrate a claim, the electing party must notify the other party in writing. This notice can be given after

the beginning of a lawsuit and can be given in papers filed in the lawsuit. Otherwise, your notice must be sent to: HSBC

Bank Nevada, N.A., P.O. Box 98740, Las Vegas, NV 89193-8740, ATTN: ARBITRATION DEMAND and our notice must

be sent to the most recent address for you in our files. The party seeking arbitration must select as the arbitration

administrator either the:

American Arbitration Association (“AAA”)

1633 Broadway, 10th Floor

New York, NY 10019

www.adr. org

(800) 778-7879

JAMS

620 Eighth Avenue, 34th Floor

New York, NY 10018

www.jamsadr.com

(800) 352-5267

If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other party files a motion to

compel arbitration with the court which is granted, it will be the responsibility of the party prosecuting the Claim(s) to

commence the arbitration proceeding. If neither the AAA nor JAMS is able or willing to handle the dispute, then the court

will appoint an arbitrator. The arbitrator shall be a lawyer with more than ten years experience or a retired or former judge.

The rules and forms of JAMS and AAA may be obtained by writing to these organizations at the addresses listed above.

The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court, nor by state or

local laws that relate to arbitration proceedings. If you or we request, the arbitrator will honor claims of privilege

recognized under applicable law and will use best efforts to protect confidential business, financial or trade secret

information of a party (including through use of protective orders).

Small Claims Exemption

We agree not to invoke our right to arbitrate an individual Claim you may bring in small claims court or an equivalent court,

if any, so long as the Claim is pending only in that court. However, if that Claim is transferred or appealed to a different

court, we reserve our right to elect arbitration at such time.

Location of Arbitration and Fees

Any participatory arbitration hearing that you attend will take place in a location that is reasonably convenient to where

you reside. On any Claim you file, you will pay the first $50 of the filing fee. At your request we will pay the remainder of

the filing fee and any administrative, arbitrator or hearing fees charged by the Administrator or arbitrator on any Claim

submitted by you in arbitration up to a maximum of $2,500. If you are required to pay any additional fees to the

Administrator or arbitrator, we will consider a request by you to pay all or part of the additional fees; however, we shall not

be obligated to pay any additional fees unless the arbitrator grants you an award. If the arbitrator grants an award in your

favor, we will reimburse you for any additional fees paid or owed by you to the Administrator or arbitrator. The parties shall

bear the expense of their respective attorney’s and expert witness fees and costs, except as otherwise provided by law. If

a statute gives you the right to recover any of these fees, or the fees paid to the Administrator or arbitrator, these statutory

rights shall apply in the arbitration notwithstanding anything to the contrary contained herein. To the extent that such a

statute is not applicable, we will pay your reasonable attorney’s and expert witness fees and costs to the extent you

prevail on Claims you assert against us in an arbitration which you have commenced against us or to the extent required

under applicable law for this arbitration provision to be enforced. If the arbitrator issues an award in our favor, you will not

be required to reimburse us for any fees we have previously paid to the Administrator or arbitrator or for which we are

responsible or for any attorneys’ fees or costs we have incurred in prosecuting or defending against Claims in an

arbitration.

Covered Persons

This arbitration provision covers Claims by or against (a) us, any corporate parent, subsidiary, or affiliate, any predecessor

or successor of the foregoing, and any officer, director, employee, or representative of any of the aforementioned, ( B) you

and any authorized user, and any other person claiming through you or any authorized user, and © any other person or

company assisting us in offering Cards, administering Accounts or providing Card related benefits or services if you assert

a Claim against such other person or company in connection with a Claim you assert against any person or entity

specified in subparagraph (a) of this paragraph. All of the aforesaid persons and entities are “Covered Persons” for

purposes of this arbitration provision.

Parties to Arbitration and Class Action Waiver

Arbitration shall be conducted in the name of individually named parties. Unless all parties consent, neither you nor we

may join, consolidate, or otherwise bring claims regarding two or more accounts, individuals, or account holders in the

same arbitration, other than Covered Persons, joint applicants or authorized users of an account. There shall be no class

actions, private attorney general actions, or other representative or collective actions, in an arbitration, even if the

underlying dispute has been asserted in a court as a class action, private attorney general action, or other representative

or collective action. No party may advance a Claim in arbitration on behalf of or against a person in a representative or

collective capacity, or on behalf of or against a person who is not an individually named party to the arbitration; nor may a

party seek an award or benefit in arbitration on behalf of or against a person who is not an individually named party. The

arbitrator shall not have authority to resolve any claim advanced by or on behalf of anyone who is not an individually

named party, and shall not have the authority to make an award for the benefit of, or against, anyone who is not an

individually named party. No class actions or joinder or consolidation of any Claim with the claim of any other person are

permitted in arbitration without the express written consent of you and us. These limitations are hereafter referred to as

the “Class Action Waiver.” Notwithstanding anything herein to the contrary, the Class Action Waiver does not apply to any

lawsuit or administrative proceeding filed against us by a state or federal government agency even when such agency is

seeking relief on behalf of a class of borrowers including you. This means that we will not have the right to compel

arbitration of any claim brought by such an agency. The parties to this Agreement acknowledge that the Class Action

Waiver is material and essential to the arbitration of any Claims between the parties and is nonseverable from this

arbitration provision. If the Class Action Waiver is limited, voided or found unenforceable, then the parties’ agreement to

arbitrate (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the

limitation or invalidation of the Class Action Waiver. You and we acknowledge and agree that under no circumstances will

a class action be arbitrated.

Decision and Appeal

The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, if the

amount of the Claim exceeds $50,000 or involves a request for injunctive or declaratory relief that could foreseeably

involve a cost or benefit to either party exceeding $50,000, any party can, within 30 days after the entry of the award by

the arbitrator, appeal the award to a three-arbitrator panel administered by the Administrator. The panel shall reconsider

anew any aspect of the initial award requested by the appealing party. The decision of the panel shall be by majority vote.

Reference in this arbitration provision to “the arbitrator” shall mean the panel if an appeal of the arbitrator’s decision has

been taken. The costs of such an appeal will be borne in accordance with the paragraph above captioned “Location of

Arbitration and Fees.” Any final decision of the appeal panel is subject to judicial review only as provided under the FAA.

Consequences of Electing Arbitration

THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A

JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF EITHER PARTY ELECTS ARBITRATION. THE PARTIES

HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT

BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY EITHER PARTY. MOREOVER, IF A PARTY

ELECTS TO ARBITRATE A CLAIM, THAT CLAIM CANNOT BE THE SUBJECT OF A CLASS ACTION OR OTHER

REPRESENTATIVE PROCEEDING IN COURT OR IN ARBITRATION.

Miscellaneous

This arbitration provision shall survive termination of your Account as well as the repayment of all amounts borrowed

hereunder and shall also survive any bankruptcy to the extent consistent with applicable bankruptcy law. In the event of a

conflict or inconsistency between any other provisions of this Agreement or the rules and procedures of the Administrator,

on the one hand, and this arbitration provision, on the other hand, this arbitration provision shall govern.

Notice and Cure; Special Payment

Prior to initiating a Claim, you may give us a written Claim Notice describing the basis of your Claim and the amount you

would accept in resolution of the Claim, and a reasonable opportunity, not less than 30 days, to resolve the Claim. Any

Claim Notice you send must also provide your name and account number, as well as your address and a phone number

where you can be reached during normal business hours. Such a Claim Notice must be sent to us at HSBC, c/o HSBC

Bank Nevada, N.A., P.O Box 98740, Las Vegas, NV 89193-8740. This is the sole and only method by which you can

submit a Claim Notice. If (i) you submit a Claim Notice in accordance with this Paragraph on your own behalf (and not on

behalf of any other party); (ii) you cooperate with us by promptly providing the information we reasonably request; (iii) we

refuse to provide you with the relief you request; and (iv) the arbitrator subsequently determines that you were entitled to

such relief (or greater relief), you will be entitled to a minimum award of at least $7,500 (not including any arbitration fees

and attorneys’ fees and costs to which you will also be entitled). We encourage you to address all Claims you have in a

single Claim Notice and/or a single arbitration. Accordingly, this $7,500 minimum award is a single award that applies to

all Claims you have asserted or could have asserted in the arbitration, and multiple awards of $7,500 are not

contemplated.

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You did a good job of explaining your situation, but it will help others help you if you put it in this format. Many of the more experienced posters here scan through these and answering these questions will get you more eyes on your case. 

 

 

RACECAR's Questions

 

1. Who is the named plaintiff in the suit? Calvary Portfolio Services LLC.

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Shindler Law Firm, the attorney who was there has the last name Winston.

3. How much are you being sued for? $1425.79 plus court costs.

4. Who is the original creditor? (if not the Plaintiff) Original creditor is HSBC Orchard Bank, BUT, they are not sueing me, Calvary is.

5. How do you know you are being sued? (You were served, right) Yes.

6. How were you served? (Mail, In person, Notice on door)  It was given to my husband.

7. Was the service legal as required by your state? Yes.

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued? Called, as I said above, asked if I could make payments, the attorney told said, "I don't know who you think you're talking to, this iss an attorney NOT a debt collector. He didn't give his name. Knowing what I know now, they don't have a case, and I don't believe they recorded that. 

9. What state and county do you live in? Illinois, Whiteside County. 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) It had to be sometime in 2009, but not sure. My state is 7 years I believe, but the original credit company did a charge off in 2009.

11. What is the SOL on the debt? 7 years I believe.

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or      B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).Went to court Monday, set for trial May 6th. 

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Not the original, just collection agency.

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No, there wasn't time.

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I went to court, and it is set for trial because I disagreed, and was lectured for representing myself. HSBC sold and assigned its "right title," to Calvary. 

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. An Affidavit of Claim filled out by a Calvary employee Giovanni Rodriguez, who claims he has personal knowledge of debt. Including Orchard Banks transferred copies of its electronic business records.

 

 

I wanted to say, thank you to all who responded. I read where you shouldn't post the same subject twice, so I do not want to get in trouble. Need to get ready for training classes at work, so my time is limited right now.

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Later today read this might be a better option for you.

THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A

JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF EITHER PARTY ELECTS ARBITRATION. THE PARTIES

HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT

BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY EITHER PARTY. MOREOVER, IF A PARTY

ELECTS TO ARBITRATE A CLAIM, THAT CLAIM CANNOT BE THE SUBJECT OF A CLASS ACTION OR OTHER

REPRESENTATIVE PROCEEDING IN COURT OR IN ARBITRATION.

 

Small Claims Exemption

We agree not to invoke our right to arbitrate an individual Claim you may bring in small claims court or an equivalent court,

if any, so long as the Claim is pending only in that court. However, if that Claim is transferred or appealed to a different

court, we reserve our right to elect arbitration at such time.

Location of Arbitration and Fees

Any participatory arbitration hearing that you attend will take place in a location that is reasonably convenient to where

you reside. On any Claim you file, you will pay the first $50 of the filing fee. At your request we will pay the remainder of

the filing fee and any administrative, arbitrator or hearing fees charged by the Administrator or arbitrator on any Claim

submitted by you in arbitration up to a maximum of $2,500. If you are required to pay any additional fees to the

Administrator or arbitrator, we will consider a request by you to pay all or part of the additional fees; however, we shall not

be obligated to pay any additional fees unless the arbitrator grants you an award. If the arbitrator grants an award in your

favor, we will reimburse you for any additional fees paid or owed by you to the Administrator or arbitrator. The parties shall

bear the expense of their respective attorney’s and expert witness fees and costs, except as otherwise provided by law. If

a statute gives you the right to recover any of these fees, or the fees paid to the Administrator or arbitrator, these statutory

rights shall apply in the arbitration notwithstanding anything to the contrary contained herein. To the extent that such a

statute is not applicable, we will pay your reasonable attorney’s and expert witness fees and costs to the extent you

prevail on Claims you assert against us in an arbitration which you have commenced against us or to the extent required

under applicable law for this arbitration provision to be enforced. If the arbitrator issues an award in our favor, you will not

be required to reimburse us for any fees we have previously paid to the Administrator or arbitrator or for which we are

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IN THE SMALL CLAIMS COURT OF MY COUNTY ILLINOIS
Plaintiff
Calvary Portfolio Services LLC.
Vs.
Defendant
name
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 Calvary Portfolio Services LLC and as grounds thereto states the following:

1. That on or about March 10, 2013, 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 Orchard Bank / HSBC Credit Card Agreement (see Exhibit A, attached).
3. The parties are bound by the Orchard Bank / HSBC Credit Card Agreement.
The Arbitration Agreement states among other things:
(a)THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF EITHER PARTY ELECTS ARBITRATION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY EITHER PARTY. MOREOVER, IF A PARTY ELECTS TO ARBITRATE A CLAIM, THAT CLAIM CANNOT BE THE SUBJECT OF A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING IN COURT OR IN ARBITRATION.


(b)If you or we elect to arbitrate a claim, the electing party must notify the other party in writing. This notice can be given after the beginning of a lawsuit and can be given in papers filed in the lawsuit. Otherwise, your notice must be sent to: HSBC Bank Nevada, N.A., P.O. Box 98740, Las Vegas, NV 89193-8740, ATTN: ARBITRATION DEMAND and our notice must be sent to the most recent address for you in our files. The party seeking arbitration must select as the arbitration administrator either the:JAMS 620 Eighth Avenue, 34th Floor New York, NY 10018 or American Arbitration Association ("AAA").
(c )If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other party files a motion to compel arbitration with the court which is granted, it will be the responsibility of the party prosecuting the Claim(s) to commence the arbitration proceeding.



(d) you may bring in small claims court or an equivalent court,if any, so long as the Claim is pending only in that court.
(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.(see Exhibit B, attached).
WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration with Calvary Portfolio Services LLC 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 03/21/2013
my name
Defendant, pro'se
 
Exhibit A is your HSBC Credit Card Agreement
Exhibit B is your Jams paperwork

Send letter to law firm electing arbitration with jams
Be sure to put your name in a few spots
Change dates
read linda7's posts on arbitration
See if plaintiffs attorney laughs at you again when he dismisses the complaint

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FYI in case this is not known, Pro hac vice is a means to allow an out of state attorney to practice in a state he is not admitted to the bar in, via a motion from an in-state attorney.  So TNConsumerLawyer could appear in Illinois via an Illinois attorney.

 

http://en.wikipedia.org/wiki/Pro_hac_vice

http://www.nolo.com/dictionary/pro-hac-vice-term.html

http://www.groklaw.net/article.php?story=2006092521234190 (search in document for several "pro hac")

 

Exact rules and fees vary by state.  For example, the fee in WV is $350.

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I would give anything to just stay home and follow up on these wonderful posts. But I need to lay down a bit before work. I think after being humiliated by the Judge Monday, fear of the upcoming trial, training classes, and work, it's been an overwhelming week.

 

Through work we are able to get legal counsel at a discount. No, the first attorney I spoke with, who advised not going to court is NOT in the network, thank you Jesus, lol. One said it would be a conflict of interest. Another one didn't return my call. I did find one an hour away, and I have an appointment with them tomorrow.

 

After reading this over and over,  P by Atty Winston., Deft appears pro se and denies allegations of complaint. D admonished re: representing herself. Cause cont for bench trial 5/6/13 at 2pm. WSM (found on our county courthouse website). The more angry I get. I am hoping to have an attorney for trial. With that in mind, I hope they will be aggressive enough that maybe it won't go to trial. Just praying they are reasonable, and willing to do it. If not, I will be checking into the many other options you all have kindly posted.

 

I will close with this, I am so thankful I have found this site because unfortunately I'm ashamed to say there are others as well. At least I have a better understanding of how to proceed in the future.

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I believe what TN attorney is saying, find your self a cheap attorney in your home area that will allow him to come into the case and he will take care of it for you from there in TN by contacting the opposing side and setting them straight real quick. Myself, I think I would really consider this as an option. Good luck.

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I believe what TN attorney is saying, find your self a cheap attorney in your home area that will allow him to come into the case and he will take care of it for you from there in TN by contacting the opposing side and setting them straight real quick. Myself, I think I would really consider this as an option. Good luck.

It sounds very good to me as well. Concerned after reading different posts, how many lawyers just don't want to fight them. I too, was ready to give up, but that was before I knew my rights. I am amazed by how little evidence they have, yet they win all the time.

 

If the Judge in my case wasn't so arrogant, I might have thought he was concerned. The problem I am having is he could have dismissed it, but oh no we have to have a trial. What am I missing here? The Plaintiff has NO contract with me, nor does he have the original signed agreement, correct? Because wouldn't that have to be with the summons when it was served? Or can they show up the day of court with additional documents?  Also the Judge told me to have my evidence and witnesses ready for court, so confusing! 

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I believe what TN attorney is saying, find your self a cheap attorney in your home area that will allow him to come into the case and he will take care of it for you from there in TN by contacting the opposing side and setting them straight real quick. Myself, I think I would really consider this as an option. Good luck.

 

 

I believe the operative word is cheap if we're talking about $1400. From research that I've done in the last few days on Cavalry (both here in their home court so to speak and upstate NY), they are the poster child for Defaults “Я” Us. At least in the NY Tri-state area suits are filed by their in-house attorney. Or is it just a coincidence that their attorney of record in the cases I looked at had the same address as Cavalry? Their upstate NY attorney uses a very similar complaint and virtually nothing submitted as evidence.

 

One thing they both have in common, no cases in the last few years have gone anywhere near a courtroom trial. You have one of three things happen - 1) default judgment, 2) stipulated settlement (usually more than 75% of the original complaint amount or 3) voluntary dismissal. Of the defendants that actually enter a decent answer to the complaint, i.e., one's who don't file an answer that says that they are financial strapped and have this medical condition and that is why I can't pay, the percentage of suits that end #3 goes up dramatically.

 

See if you can access on line various court’s websites or county clerks records to see if you can research Cavalry cases filed in IL This will give you an idea of what you’re up against. I would think the Circuit Court clerk in Morrison or Sterling might be able to point you in the right direction.

 

The equivalent in NY is that the county clerk is the keeper of the records of suits filed and related motions etc. Depending upon the county, you can see complaints, answers, motion, etc. that were filed on line. In other counties, you can get on line the parties involved but no details about the cases themselves unless you go to the clerk’s office and have them pull the hard copy files.

 

It appears to me that the only type of person that will lose to Cavalry is one who doesn't push back or a Japanese soldier that has just come out of hiding from the jungles from WW II. Even then I'm not so sure.

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FYI in case this is not known, Pro hac vice is a means to allow an out of state attorney to practice in a state he is not admitted to the bar in, via a motion from an in-state attorney. So TNConsumerLawyer could appear in Illinois via an Illinois attorney.

http://en.wikipedia.org/wiki/Pro_hac_vice

http://www.nolo.com/dictionary/pro-hac-vice-term.html

http://www.groklaw.net/article.php?story=2006092521234190 (search in document for several "pro hac")

I never knew this, thank you!

Exact rules and fees vary by state. For example, the fee in WV is $350.

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 You can elect arbitration study your credit agreement this will keep you out of court.

"THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF EITHER PARTY ELECTS ARBITRATION."

 

Arbitration is expensive and for a $1400.00 debt Calvary Portfolio would spend thousands to collect $1400.00 from you,Calvary might have paid a hundred dollars or less for your charged off account,They wont spend the money for arbitration.It would be the best $50.00 dollars you ever spent.

 

In the illinois small claims court you get 5 to 10 minutes at the most to present your case to the judge.Pro se defendants do not win very often in small claims.Just my 2 cents.Good luck in your case.

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Spoke with an attorney, said he wins cases like this all the time. Only cost to me is filing fees. Not sure why I don't feel better? Oh maybe the fact that these slime ball collection agencies are snakes in the grass.

 

Don't plan on feeling better until you win. Its going to be a lot of stress and sleepless nights until its over. At least with an attorney it will make things easier. The main thing is not to end up feeling like those who given in and get run over. It may be easier for them to ignore things, but once that judgement hits they will be feeling that the rest of their lives. It sounds like you are already on the right track!

Good Luck!

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I wouldn't hire that lawyer you spoke with to handle a jaywalking ticket.

 

 

I would run back to this guy and beg him to be my counsel as long as he was willing to advise me in writing not to appear in court. Then when I got slapped with a judgment I'd file a bar complaint against him and sue him for malpractice. But that's just me, Cathy isn't on our level where we make attorneys wish they had gone to cooking school.

 

Arbitration as posted by racecar should get rid of this. It costs $6,000 per day and they have to pay for it. Would you do this to MAYBE collect $1400?

 

Internet? You got it, moron. Wait until you see what happens next. Maybe you'll wish you had paid attention in law school. Of course if you hadn't graduated in the bottom 10% of your class, you wouldn't be doing this kind of work. Guess you can't get anything better, huh. If that doesn't convince you, I have this guy you may want to talk to. His name is Coltfan....

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