AMEX/Michael and Associates requested CCP 96

[halohonk]

1. Who is the named plaintiff in the suit? American Express Centurion Bank

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

3. How much are you being sued for? $7600

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

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) Left paperwork at door.

7. Was the service legal as required by your state? No, but I didn't argue with them over this because I have read that if you do they'll just serve you again.

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? Calling AMEX directly asking for a reduction in payments.

9. What state and county do you live in? Orange County, CA

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) March 2012

11. What is the SOL on the debt? To find out: 4 years

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Trial set for 8-27

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No.

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. Yes.

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. 30 days, already responded

 

We need to know what the "charges" are. Please post what they are claiming.

Breach of Contract

Common Counts: Account Stated and Book Account

Quantum Meruit Reasonable Value

Did you receive an interrogatory (questionnaire) regarding the lawsuit? Yes.

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Agreement (unsigned) only with summons. Later sent CCP 98 affidavit with years of statements (as far back as 2005) and the cancelled checks from when I've paid them.

 

I received a CCP 96 from opposing counsel and I'm not quite sure how to respond and whether or not I still need to send one of my own. Please advise. Thank you!
 

 

[racecar]

Your American express account has an arbitration agreement with Jams if you decide you want to arbitrate instead of going to court.

 

 

https://www.americanexpress.com/us/content/cardmember-agreements/all-us.html

https://www.americanexpress.com/us/content/cardmember-agreements/jetblue.html

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

http://law.onecle.com/california/civil-procedure/1284.3.html

http://www.familiesusa.org/resources/tools-for-advocates/guides/federal-poverty-guidelines.html

http://www.jamsadr.com/

 

 

C. In California, consumers (as defined above) with a gross monthly income of less than 300% of the federal poverty
guidelines are entitled to a waiver of the arbitration fees. In those cases, the respondent must pay 100% of the fees.
Consumers must submit a declaration under oath stating the consumer’s monthly income and the number of persons living in
his or her household. Please contact JAMS at 1-800-352-5267 for further information.


What is needed in the declaration can be found in the following photograph.
http://htmlimg3.scri...bda66ed/000.jpg

 

 

 

 

principles of conflicts of law. We are located in Utah. We hold your Account in Utah. We entered into this

Agreement with you in Utah.

In addition, if your billing address is in the State of Maryland, to the extent, if any, that Maryland law applies to

your account, we elect to offer your card account pursuant to Title 12, Subtitle 9 of the Maryland Commercial

Law Article.

Arbitration

You or we may elect to resolve any claim by

individual arbitration. Claims are decided by a

neutral arbitrator.

If arbitration is chosen by any party,

neither you nor we will have the right to

litigate that claim in court or have a jury

trial on that claim. Further, you and we

will not have the right to participate in a

representative capacity or as a member of

any class pertaining to any claim subject

to arbitration. Arbitration procedures are

generally simpler than the rules that apply

in court, and discovery is more limited. The

arbitrator's decisions are as enforceable

as any court order and are subject to very

limited review by a court. Except as set

forth below, the arbitrator's decision will

be final and binding. Other rights you or

we would have in court may also not be

available in arbitration.

Initiating Arbitration

Before beginning arbitration, you or we must

first send a claim notice. Claims will be

referred to either JAMS or AAA, as selected

by the party electing arbitration. Claims will be

resolved pursuant to this Arbitration provision

and the selected organization's rules in effect

when the claim is filed, except where those

rules conflict with this Agreement. If we choose

the organization, you may select the other

within 30 days after receiving notice of our

selection. Contact JAMS or AAA to begin an

arbitration or for other information. Claims

also may be referred to another arbitration

organization if you and we agree in writing or

to an arbitrator appointed pursuant to section 5

of the Federal Arbitration Act, 9 U.S.C. §§ 1-16

(FAA).

We will not elect arbitration for any claim you

file in small claims court, so long as the claim is

individual and pending only in that court. You

or we may otherwise elect to arbitrate any claim

at any time unless it has been filed in court

and trial has begun or final judgment has been

entered. Either you or we may delay enforcing

or not exercise rights under this Arbitration

provision, including the right to arbitrate a

claim, without waiving the right to exercise or

enforce those rights.

Limitations on Arbitration

If either party elects to resolve a claim by

arbitration, that claim will be arbitrated

on an individual basis. There will be

no right or authority for any claims to

be arbitrated on a class action basis or

on bases involving claims brought in a

purported representative capacity on behalf

of the general public, other cardmembers or

other persons similarly situated.

The arbitrator's authority is limited to claims

between you and us alone. Claims may not

be joined or consolidated unless you and we

agree in writing. An arbitration award and any

judgment confirming it will apply only to the

specific case and cannot be used in any other

case except to enforce the award.

Notwithstanding any other provision and

without waiving the right to appeal such

decision, if any portion of these Limitations on

Arbitration is deemed invalid or unenforceable,

then the entire Arbitration provision (other than

this sentence) will not apply.

may choose whether the arbitration will be

conducted solely on the basis of documents,

through a telephonic hearing, or by an inperson

hearing. At any party's request, the

arbitrator will provide a brief written explanation

of the award. The arbitrator's award will be

final and binding, except for any right of appeal

provided by the FAA; however, any party will

have 30 days to appeal the award by notifying

the arbitration organization and all parties in

writing. The organization will appoint a three arbitrator

panel to decide anew, by majority

vote based on written submissions, any

aspect of the decision objected to. Judgment

upon any award may be entered in any court

having jurisdiction. At your election, arbitration

hearings will take place in the federal judicial

district of your residence.

Arbitration Fees and Costs

You will be responsible for paying your share

of any arbitration fees (including filing,

administrative, hearing or other fees), but only

up to the amount of the filing fees you would

have incurred if you had brought a claim in

court. We will be responsible for any additional

arbitration fees. At your written request, we

will consider in good faith making a temporary

advance of your share of any arbitration fees,

or paying for the reasonable fees of an expert

appointed by the arbitrator for good cause.

 

 

Declaration in Support of Application for Waiver of Fees


In consumer arbitrations, consumers with a gross monthly income of less then 300% of the federal poverty guidelines may be entitled to a waiver of the arbitration fees. In those cases, the respondent must pay 100% of the fees.


NAME OF CONSUMER:

ADDRESS:

GROSS MONTHLY INCOME:


NUMBER OF PERSONS IN HOUSEHOLD:

I declare under penalty of perjury under the laws of the State of California that the foregoing

is true and correct. Executed this____day of____________2013__. At_____________________.


______________________________________


Signature of Consumer

 Attach your proof of income with your demand letter of electing arbitration with jams  and the declaration in support of application for waiver of fees.



 

[halohonk]

@racecar Thank you for the information. I've already had my CMC and have engaged in discovery so I think that I can't elect arbitration any more. If I still can I might consider it but they need the CCP 96 by the 30th so I would really appreciate some guidance as to how to respond to that.

[racecar]

You may have went to far to elect arbitration now, it was just an option for you to consider as a defense in your case.

[halohonk]

BUMP

 

Still need to know how to respond to their CCP 96.

[calawyer]

Unless you have a specific document or documents that you want to introduce (or call a witness to testify), you do not need to respond.  If you do not have any such documents or witnesses, I recommend sending something anyway along the lines of the following.

 

Defendant does not intend to call any witnesses or offer any documents into evidence other than for impeachment purposes.

 

You should serve a CCP 96 request yourself if there is still time to do so.  The form and time limits are found in the statute itself.

[halohonk]

Thank you, calawyer. I already sent a CCP 96 to them.