azneb

Discover Card is suing me Guglielmo & Associates is their attorney. Plz Help

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I was served a summons from DC stating I was being sued.  In with the summons they included one credit card statement.   DC attorney is Guglielmo & Associates out of Tucson.   I live in Scottsdale.

 

1.  I filed an answer within the time frame.

2.  I filed disclosure statement within the allotted time.  (Still have not received theirs)

3.  It has been set for mediation and their attorney recently filed "REQUEST TO APPEAR WITHOUT REAL PARTY INTEREST AND MOTIONS FOR TELEPHONIC APPEARANCE.

 

Should I file a motion objecting to them wanting to appear via phone only?   Does it really matter? 

 

I would appreciate any help.

 

Regards

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I would object to the telephonic appearance on the grounds it violates my right to confront my accuser and impairs my ability to effectively challenge their testimony and evidence.  If you make it expensive and inconvenient they may tuck tail and run.

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I was sued by a different firm in Tucson. I would definately object to any phone mediation. You took time off work, why should they get to call in??? Just fill out a motion form (can be found online) stating simply you oppose the plaintiff's motion to appear telephonically.

 

You are not comfortable trying to conduct a hearing on the phone. The Defendant respectfully requests the Plaintiff to appear in person.

Also they have paralegals who can show up at these things in Phx. They just don't want to pay for them.

 

You don't say how much the suit is for so I can't say whether settling is wise or not.That's why it is best to answer all the questions in the pinned section so we know the whole story.

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You state that Discover is the plaintiff ............. is this true? ......... or a mistake?

 

To answer your question .......... yes, calling you and asking to settle is a common tactic ........ they don't want to go to the expense of litigation ........ they just want your money.

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Winning against an original creditor isn't easy (they usually have the documentation to back their claim) but, it has been done.

 

That being said, you might want to consider arbitration to get this case out of the court system. The Strategy and steps of arbitration

Your success in accomplishing this is going to depend an a number of factors:

1. When the alleged account was opened (Arbitration clauses in card member agreements are being phased out).

2. What your rules of civil procedure say regarding the time frame to elect arbitration.

3. What the Discover 'card member agreement' says about the availability of arbitration vs. litigation. Discover card member agreements

 

You mentioned that you have filed an answer to the suit ........ did you claim any affirmative defenses?

In my state the 'presence of an arbitration clause' is considered a viable affirmative defense but, in my state, if you don't claim a defense you waive the right to that defense. Your rules may differ in that regard.

 

I'm going to bow out here and let the AZ experts chime in ........ good luck!!

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Thanks so much.   I filed a motion objecting to them wanting to appear via phone for the mediation.

 

Affirmative defense I used are   Have not received original signed contract.   Asked for written agreement between attorney and discover.    Proof attorney is licensed to collect funds.

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Patrick Sayers -A litigation Support Specialist for DB Servicing Corp.   Based out of OHIO

 

Notary is Kris Larosa  State of Ohio

 

I just got in the mail the affidavit along with a computer print out saying this is the original contract.  They also are saying they didn't get my disclosure.   It was mailed certified and I confirmed it was delivered over a wk ago.

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Look at post #10, the bottom of the 2 posted affidavits. Kris LaRosa gave me a free pass on dismissal, plus a bunch of calls from Discover apologizing. And lastly, a meeting with bank examiners from the CFPB who were none too pleased. And for some reason I can't link it or paste it hmmm. Do a search of 'Turner LaRosa' you should find it.

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Mediation is set and I have no idea what to expect or day?   I would I assume I need to question the affidavit.    I am beginning to think I am in over my head.  If I decide to settle, what amount do I offer?   Sued for 1600.00     Will they remove from my credit?

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2/27/14   Disclosures have already been exchanged or should I say I got theirs, they said they never got mine and yet my cm says it was delivered.

 I just requested arbitration per the agreement.   Since we are at this point I am not sure arbitration is an option.

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Yes I send everything to them cm.  I have filed a motion objecting to them appearing via phone. Filed a motion compel  arbitration.   Anything else I need to file.   I did get their affidavit from Discover, your thoughts on what I need to do about it?

 

Any info would be grateful.

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UPDATE:

 

I filed a motion to initiate arbitration last week.  Yesterday I found out that the plaintiff filed a motion to vacate mediation and stay the case.   They want to stay the proceedings for 45 days to give me time to initiate arbitration.

 

What is the my next move?   File a motion to dismiss?  In card member agreement says Discover will advance me the fees.  Any idea how I would go about getting them to get me the fees?

 

What are the odds that Discover just dismisses the case altogether?

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Update:

 

I filed a motion requesting arbitration, Plaintiff's  filed a motion to vacate mediation and stay the case.    Plaintiff is asking judge to stay case and wants to give me 45 days to initiate arbitration.    What's my next move?  File a motion to dismiss?  

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Update:

 

Mediation was vacated.   They are giving me 45 days to initiate arbitration with JAMS.  What are the odds of the OC dismissing the case now that arbitration is going to be initiated?

Question how do I go about getting Discover to advance me the $.

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The biggest question for the plaintiff is: how much money are we willing to spend to collect what is owed?

 

JAMS limits the consumer's cost in arb to $250, and if your contract says that they'll pay if asked, it can be less, or zero.

 

Theirs starts at $550, and goes up for each step of the process, to $10K to $20K or beyond.

 

If you have a relatively small amount of debt to them, you should go ahead and initiate, and then start thinking about what you want in a settlement.

 

If it's over $10K, they may fight hard.

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