indebt4now

Advice Sought for Lawsuit Filed For Citibank Cc Debt

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I had a credit card with Citibank which climbed to a balance of $27K. Over the past 3 years I defaulted on this and a few other cards due to a downturn in my business and loss of income.

The debt was purchased by a third party company and I received a collection letter from their attorney. in December of 2015. I responded with a letter of dispute and validation requested, and elected arbitration "stated in any underlying agreement".

Instead I received a personally served notice of a filing of lawsuit in my local county court filed by Absolute Resolution Corp. for the full amount plus legal fees. So, can anyone enlighten me as to what options I may have, other than fighting it in court (which I cannot afford for the most part) what the possible outcome would be?

Thanks

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First you need to find the agreement for the Citibank card.  Is there an arb clause? Who is it with? Once you have that info, you can compel them into arbitration.  27k is a lot of money, they may or may not go depending on how much paperwork they have.  Find out about the clause, then we can help you further.

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Your in luck, has a jams clause.  Have you answered the suit yet? If not I would not answer, but rather file a motion to dismiss, compel arb.  It is more compelling if you have your DV letter, arb demand copy to file with.

i have posted a ton of the compel motion, but I can't get it right now, if you search for motion to dismiss and petition to compel priviate arbitration you will probably find it. If not I'll try and post it tomorrow

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9 hours ago, shellieh98 said:

 Have you answered the suit yet? If not I would not answer, but rather file a motion to dismiss, compel arb.

@indebt4now

I've never been an advocate of arbitration, but if that's the direction you're leaning, @shellieh98 has pointed you in the right direction. If you want to read more on the subject of responding to a complaint with a motion to compel arbitration (and the pros and cons of arbitration in general), this blog, published by the national firm Leonard Stinson Street, LLP, is one of the most substantive resources on arbitration you can find.

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3 hours ago, nascar said:

@indebt4now

I've never been an advocate of arbitration, but if that's the direction you're leaning, @shellieh98 has pointed you in the right direction. If you want to read more on the subject of responding to a complaint with a motion to compel arbitration (and the pros and cons of arbitration in general), this blog, published by the national firm Leonard Stinson Street, LLP, is one of the most substantive resources on arbitration you can find.

@nascar

Thank you for the link to this site! Here's a helpful flowchart graphic: 

http://arbitrationnation.com/wp-content/uploads/2015/08/Decision-Flowchart-for-Compelling-Arbitration_ArbitrationNation.com_.pdf

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Thanks to all for the info, especially @shellieh98. So to get this straight in my thinking, what is the benefit for me of compelling arbitration? I would assume it is less expensive than going to trial, but how does forcing arbitration affect the outcome from the plaintiff's side-- is it more expensive for them? Would it cause them more expense/hassle than it is worth? 

Thanks

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I just spoke with a local attorney who is on the NACA list and he doesn't think that going to arb is any advantage to me since the CC debt is pretty cut an dried. Soooo, can someone provide any reason why there is an advantage to compel arbitration? 

In light of the current circumstance of being served, and having approx 14 days left to respond, what might be my option to contact the plantiff's law firm to propose a short payoff? 

If I do nothing and they get a judgement on this debt, can I subsequently file chapter 7 BK and will that judgement be dissolved/removed? 

Thanks

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Let me be clear. the ONLY advantage compelling arb would be banking on they would not follow you.  If they did then you would need to learn how to use it to your advantage.  Ie calling for a hearing over anything and everything you could, dis agreeing on everything, and running their costs up.  Past records show you can run up costs in excess of 100k that they can't recoup, but you would have to do your homework. @howucan2 has done this on more than one occasion I believe. 

Most JDB's will fight not to go into arb, and drop the whole thing if compelled to do so. You can file the motion yourself.  File it with a copy of the cc agreement, a copy of any prior letters electing arbitratin.  File that with the court, and send a certified copy to the lawyer of the plaintiff.  Make sure you check with your court if you need to schedule a hearing for your motion to be heard, some courts you need that, other courts rule on it without a hearing. F they fie an opposition to it, we will need to write a opposition to that.  Post the motion you found.

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Hi @shellieh98 thanks for the info. Ok, let the process begin. I just sent the plaintiff's attny a certified letter restating that I elect arb via  JAMS and as soon as I get proof of service, already have my MTC notarized and ready to file with the CC agreement and letter to plaintiff attny. Then I will send a copy of that package to the planiff's attny as well. 

After the above steps, what could I expect? Should I be doing anything else at this time or just await a response from the plaintiff?

Thanks

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I filed all of the papers for compelling arb and received a few days ago from the plaintiff's attorney 2 documents: 

Plaintiff's First Request for Production of Documents and

Plaintiff's First REquest for Admission

It appears that they are demanding proof of any dispute with the debt. Now, do these indicate that they are taking action despite my filing for arbitration? Do these have validity in light of my filings to compel arb? 

I'm looking for any guidance as to weather I should do anything with these at this point. @shellieh98 any thoughts? 

Thanks

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Where are you at with your compel for Arb? Has the Judge ruled on it? If not, Is there a hearing to hear the motion?  It's been a month, so if the Judge has not ruled on your motion, and there is not a hearing scheduled, I would  first go to the court and request a hearing.  I don't know WA rules, so get your motion ruled on.

Now the discovery they sent you. If you don't answer it, you run a risk. So I would answer every single question and admit like this. 

"Objection" The Defendant has an outstanding motion to compel Arbitration to the court. There will be no discovery conducted until motion is ruled upon. 

(or something like that.). don't answer it, not even one question, but you have to send them a response, so do it with the objection. 

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Thanks @shellieh98, in yesterday's mail I just got an Assignment of Preliminary Trial Date scheduled for 7/15/16. This is what is listed on the document:

  1. Hearing and determine motions
  2. Assign trial and/or further motion dates
  3. Acknowledge and approve settlement agreements
  4. Enter defaults or judgments on the pleadings
  5. Pre-admin exhibits for trial
  6. Enter discovery order and completion dates

would this be the response to my filing for the compel arb or should I contact the court to request a hearing on my compel to arb?

 

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On 5/20/2016 at 5:14 PM, shellieh98 said:

Where are you at with your compel for Arb? Has the Judge ruled on it? If not, Is there a hearing to hear the motion?  It's been a month, so if the Judge has not ruled on your motion, and there is not a hearing scheduled, I would  first go to the court and request a hearing.  I don't know WA rules, so get your motion ruled on.

Now the discovery they sent you. If you don't answer it, you run a risk. So I would answer every single question and admit like this. 

"Objection" The Defendant has an outstanding motion to compel Arbitration to the court. There will be no discovery conducted until motion is ruled upon. 

(or something like that.). don't answer it, not even one question, but you have to send them a response, so do it with the objection. 

Ok, so as far as how to respond to the discovery, do I just write in my answers and send back to the plaintiff or do I need to create a document and send to the court? 

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Hi @shellieh98 I just received a copy of a request for hearing for a motion for summary judgement from the plaintiff. The court had already set a hearing for July 15 for a preliminary trial and the plaintiff responded a few weeks ago with an objection to my motion to compel arbitration, stating that because I failed to authenticate the credit card agreement that has the arb language in it. Now the plaintiff wants to have a hearing on July 8 to have a hearing for summary judgement. Any thoughts on how to respond?? 

Thanks 

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On 4/9/2016 at 4:27 PM, debtzapper said:

For that amt of $$$, bankruptcy is also an option.  It doesn't carry the stigma it once it.

So if I file for BK 7, can I assume that this debt would just be another claim in the BK? 

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You will want to oppose the MSJ.  There are lots of example motions around, but you should oppose it, reasons are 1. you have requested arbitration according to the alleged CC. agreement. They have not established this is your account, They have not established the amount is correct. They have not authenticated any records.  They are trying to get a MSJ hearing in before an arb hearing. 

Once you do that (you only have like a week) send them off a document request for 1 thing only. The credit card agreement.  If they don't send you one, you should not have any problem with the one you provided. If they do send you one, it should have the same agreement in it. 

You can also oppose their opposition by providing several CC agreements from different times that all have the same arb. provision.  The most compelling one would be the one in the credit card database.

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@indebt4now

As for their claim your credit card agreement wasn't authenticated,  you need to submit a sworn affidavit stating that the credit card agreement in the federal database  is a true and correct copy of your credit card agreement.  You can also include this caselaw:

Self-Authentication. Government offices publish an abundance of reports, press releases and other information on their official web sites. Internet publication of a governmental document on an official website constitutes an “official publication” within Federal Rule of Evidence 902(5).8Under Rule 902(5), official publications of government offices are self-authenticating.9  

 

BACK9 See, e.g., United States ex rel. Parikh v. Premera Blue Cross, 2006 U.S. Dist. LEXIS 70933, at *10 (W.D. Wash. Sept. 29, 2006) (GAO reports and Health and Human Services’ reports found on government websites are self-authenticating under Fed.R.Evid. 902(5)); Hispanic Broad. Corp. v. Educ. Media Found., 2003 U.S. Dist. LEXIS 24804, *20 n. 5 (C.D. Cal. Nov. 3, 2003) (“exhibits which consist of records from government websites, such as the FCC website, are self-authenticating.”); E.E.O.C. v. E.I. Du Pont de Nemours & Co., No. Civ. A. 03-1605, 2004 WL 2347559 (E.D.La. Oct. 18, 2004) (webpage printout sufficiently authenticated where (1) printout contained the address from which it was printed, (2) printout contained the date on which it was printed, (3) court accessed the website and verified that the page existed, and (4) webpage was maintained by a government agency and thus was self-authenticating under Fed.R.Evid. 902(5)); Sannes v. Jeff Wyler Chevrolet, Inc., 1999 U.S.Dist.LEXIS 21748 at *10 n. 3 (S.D. Ohio March 31, 1999) (“The FTC press releases, printed from the FTC’s government world wide web page, are self-authenticating official publications under Rule 902(5) of the Federal Rules of Evidence”); Tippie v. Patnik, 2008 Ohio 1653, 2008 Ohio App. LEXIS 1429 (Ohio App. April 4, 2008) (“The website of the Secretary of State can be considered self-authenticating as an ‘official publication,’ cf. [Ohio] Evid. R. 902(5), like copies of printed material (i.e., newspaper articles) are under [Ohio] Evid. R. 902(6)”) (dissenting opinion); Harvard Mort. Corp. v. Phillips, 2008 Ohio 1132, 2008 Ohio App. LEXIS 1045 (Ohio. App. March 14, 2008) (concurring opinion). See also Elliott Assocs., L.P. v. Banco de la Nacion, 194 F.R.D. 116, 121 (S.D.N.Y. 2000) (discussed below; holding that prime rates published on the Federal Reserve Board website satisfy the hearsay exception of Federal Rule of Evidence 803(17)); Williams v. Long, 585 F. Supp. 2d 679, 686-88 & n. 4 (D. Md. 2008) (collecting cases indicating that postings on government websites are inherently authentic or self-authenticating); Weingartner Lumber & Supply Co. v. Kadant Composites, LLC, 2010 U.S. Dist. LEXIS 24918 (E.D. Ky. Mar. 10, 2010) (printout of official records from website of Securities and Exchange Commission are self-authenticating); McGaha v. Baily, 2011 U.S. Dist. LEXIS 73389 (D.S.C. July 7, 2011) (“this federal court may take judicial notice of factual information located in postings on governmental websites in the United States

 

 

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On 6/23/2016 at 6:07 AM, shellieh98 said:

You will want to oppose the MSJ.  There are lots of example motions around, but you should oppose it, reasons are 1. you have requested arbitration according to the alleged CC. agreement. They have not established this is your account, They have not established the amount is correct. They have not authenticated any records.  They are trying to get a MSJ hearing in before an arb hearing. 

Once you do that (you only have like a week) send them off a document request for 1 thing only. The credit card agreement.  If they don't send you one, you should not have any problem with the one you provided. If they do send you one, it should have the same agreement in it. 

You can also oppose their opposition by providing several CC agreements from different times that all have the same arb. provision.  The most compelling one would be the one in the credit card database.

Thanks @shellieh98 where/how do I access this database? BTW, their MSJ does include an affidavit from the current holder of the debt, validating the debt, a copy of all of my CC statements with Citi, and a Bill of Sale from Citi to the current debt holder. 

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