azneb 2 Posted January 23, 2014 Report Share Posted January 23, 2014 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 Quote Link to post Share on other sites
Clydesmom 1,218 Posted January 23, 2014 Report Share Posted January 23, 2014 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. Quote Link to post Share on other sites
azneb 2 Posted January 23, 2014 Author Report Share Posted January 23, 2014 Thank you so much. My only issue with all this is how do I write the objection so it makes sense and I don't look like an idiot?Writing isn't my forte. Quote Link to post Share on other sites
azneb 2 Posted January 23, 2014 Author Report Share Posted January 23, 2014 They just called left me a vm asking me to call them so we can work out a settlement. They running scared or is what they are doing typical? Quote Link to post Share on other sites
Az Piano Lady 14 90 Posted January 24, 2014 Report Share Posted January 24, 2014 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. Quote Link to post Share on other sites
azneb 2 Posted January 24, 2014 Author Report Share Posted January 24, 2014 I have attached my answers to the pinned questions. I can not figure out how to copy and paste from a word doc. I have tried the normal way and it will not let me do it.answers to forum questions.docx Quote Link to post Share on other sites
Savoir 312 Posted January 24, 2014 Report Share Posted January 24, 2014 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. Quote Link to post Share on other sites
azneb 2 Posted January 24, 2014 Author Report Share Posted January 24, 2014 Yes Discover card is the plaintiff and their attorney is Guglielmo and Associates. Quote Link to post Share on other sites
Savoir 312 Posted January 24, 2014 Report Share Posted January 24, 2014 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 arbitrationYour 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!! 1 Quote Link to post Share on other sites
azneb 2 Posted January 24, 2014 Author Report Share Posted January 24, 2014 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. Quote Link to post Share on other sites
gwheelock915 160 Posted January 25, 2014 Report Share Posted January 25, 2014 Who signed the affidavit, and who notarized it? Quote Link to post Share on other sites
azneb 2 Posted January 25, 2014 Author Report Share Posted January 25, 2014 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. Quote Link to post Share on other sites
Harry Seaward 1,356 Posted January 25, 2014 Report Share Posted January 25, 2014 You may be in over your head with Discover as the plaintiff, so +1 on going the private arbitration route but, since discovery has been served, hopefully it's not too late to elect arbitration (assuming you want to do this). Quote Link to post Share on other sites
azneb 2 Posted January 25, 2014 Author Report Share Posted January 25, 2014 How would I know if its to late for arbitration? If its not, how and whom do I request it? Quote Link to post Share on other sites
gwheelock915 160 Posted January 26, 2014 Report Share Posted January 26, 2014 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. Quote Link to post Share on other sites
azneb 2 Posted January 26, 2014 Author Report Share Posted January 26, 2014 I read thru a lot of info and I am not sure how to proceed? Mediation is scheduled and I did object to the telephonic appearance they are requesting? Any other motions I need to file? Quote Link to post Share on other sites
azneb 2 Posted February 4, 2014 Author Report Share Posted February 4, 2014 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? Quote Link to post Share on other sites
Az Piano Lady 14 90 Posted February 10, 2014 Report Share Posted February 10, 2014 When is the mediation??Did they send you disclosure requests?? Quote Link to post Share on other sites
azneb 2 Posted February 10, 2014 Author Report Share Posted February 10, 2014 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. Quote Link to post Share on other sites
shellieh98 1,505 Posted February 11, 2014 Report Share Posted February 11, 2014 no they will not remove it from your credit report, the most they would do is mark if paid/settled for less than amount owed. make sure you bring your certified reciept (you sent your disclosure certified?) with you to the CM Quote Link to post Share on other sites
azneb 2 Posted February 11, 2014 Author Report Share Posted February 11, 2014 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. Quote Link to post Share on other sites
azneb 2 Posted February 19, 2014 Author Report Share Posted February 19, 2014 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? Quote Link to post Share on other sites
azneb 2 Posted February 25, 2014 Author Report Share Posted February 25, 2014 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? Quote Link to post Share on other sites
azneb 2 Posted February 27, 2014 Author Report Share Posted February 27, 2014 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 $. Quote Link to post Share on other sites
Wins the Battle 158 Posted February 27, 2014 Report Share Posted February 27, 2014 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. Quote Link to post Share on other sites
