Need Help, being sued by Hunt and Henriquez should I file with JAMS?

[cjayramone 0]

Hello, Im being sued by Hunt and Henriques for about 2,600. The original company was HSBC, but the original debt was about 1,900.  I have 30 days to report back to the court.  Should I try to file for arbitration through JAMS or is there another approach I should go for?  The account will be about 4 years old next year.

[Savoir 312]

You say that the original company was HSBC ........ who is the named palintiff on the complaint?

BTW it would be better if you posted this in Is There A Lawyer In The House? Start a new thread there.

You will get many more responses.

[cjayramone 0]

Its Portfolio recovery and they are being represented by Hunts and Henriques.  I will go ahead and post in that other forum. Thanks for info, Im new here.

[Linda7 215]

Hello, Im being sued by Hunt and Henriques for about 2,600. The original company was HSBC, but the original debt was about 1,900.  I have 30 days to report back to the court.  Should I try to file for arbitration through JAMS or is there another approach I should go for?  The account will be about 4 years old next year.

What year was the alleged account opened and what year was the default?

 

Arbitration via JAMS is a good option if it's in your agreement.

[cjayramone 0]

It was opened in 2007

[Linda7 215]

Did they supply the agreement?  If so, what year agreement?

 

If it were me, I'd use the 2006 with JAMS.  Companies don't generally send out new agreements each year, but will send an updated agreement if there has been a change.  I believe on the HSBC agreements, 2006 and 2007 were one and the same.  They didn't send out the new agreements until 2008 when they took out JAMS and put in AAA. 

 

I would send an election letter "now" to the attorney and to Portfolio electing arbitration via JAMS.  Read the strategy and steps of arbitration thread and you'll see samples.  Post back if you have any questions.

 

I would also pm Bad98roadster and Skippy1960 as they are from your area and know your court rules regarding arbitration and the order things must be done, cases to cite, etc.

 

Also read the information Skippy posted in this thread - http://www.creditinfocenter.com/community/topic/318990-question-my-agreement-says-this/?hl=california#entry1227006  It's toward the end of the thread - regarding costs of arbitration and your state.  Great information!

 

Also, remember - on the JAMS demands, there is a JAMS waiver for California residents.

[cjayramone 0]

I don't have the original agreement but I got a copy of it. How do I send an electionletter to hunt and henriques legally?  A way so they don't try to screw me over with the summons

[Linda7 215]

I don't have the original agreement but I got a copy of it. How do I send an electionletter to hunt and henriques legally?  A way so they don't try to screw me over with the summons

What year is the agreement you have? 

[cjayramone 0]

2006

[Linda7 215]

I would send the attorney and Portfolio, something like this below - (*Make SURE your agreement has the same quotes I used below).

 

Your Name/Address

Their Name/Address

 

Attorney's Name/Address

_________________, 2013

Claim or Case #_____________________


 

NOTICE OF ARBITRATION ELECTION

Pursuant to HSBC cardholder agreement, I ELECT arbitration via JAMS to resolve all of our disputes.

Per the agreement, "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."

 

The agreement further states that the consumer will pay $50 filing fee and pursuant to the agreement, this is my written request that you pay the remainder. *Hold up on this line until you check with Skippy about your state, Jams waiver, etc.

As of this notice you must dismiss or stay any and all actions in regards to the alleged debt pending the result of the Arbitration.


___________________________(Your Name Typed)

[cjayramone 0]

Thank you everybody for your info and input. I really really appreciate it. These forums are a blessing

[cjayramone 0]

Linda, I have that exact same quote on my agreement. Also my agreement reads that it's a $50 filing fee as well

[cjayramone 0]

This is where I got my agreement from http://www.cardmemberagreements.org/

[Linda7 215]

Linda, I have that exact same quote on my agreement. Also my agreement reads that it's a $50 filing fee as well

Yes, but don't forget to check with Skippy1960 as your state has some protection laws regarding fees as well as Californians are allowed a fee waiver in JAMS - so, it wouldn't cost you anything.  But, check with Skippy first!!