JMoore88 Posted September 15, 2016 Report Share Posted September 15, 2016 Okay so I fell in with a bad credit card company a year or so ago. They called their self Credit One. They tried to make theirselves sound more legitimate by using a name close to capital one and even had close to the same logo. The credit card was supposed to be for $400 but they took off like $70 for an activation fee or something . I made several attempts to pay these people and always had trouble. I am not a racist person but these people were all foreigners, Indian , I believe. I could hardly ever understand a word they were saying. I tried giving them my debit card over the phone to make a payment and they would say something to the effect that they couldn't accept a debit card. That didn't make sense to me, they wanted my bank account information to take it out that way, and like an idiot I gave it to them. They then tried to process the money, I guess, because they said that my bank was blocking them from taking the money out. I've never had any issue with anyone else trying to take money from me. They said I should call my bank and ask them to remove the block and let them take the money out. I called my bank and they laughed it off and said they weren't blocking anyone from doing anything. So later I called Credit One back and tried to get an address to send a check to. Like I say I could barely understand these people and I never understood what the address they were telling me was. They would call me about 20 times a day, usually before I was awake or while I was at work. Eventually I got a letter saying that someone had bought credit one out and that they were taking over. This new company seemed odd to me, like maybe a ghost bank. And not long after that I received one letter from LVNV saying they now owned the debt and wanted me to pay them everything including overages even though I tried to pay the original credit owner. Then it wasn't long after that that I started getting letters from attorneys saying i'm being sued by LVNV funding and that they wanted to help me or something by filing bankruptcy, I'm 27 so I'm not doing that. A courier from the magistrate tried to serve me while I wasn't home. So the next day I went to the court myself and got the papers. It says that LVNV says I owe them $682.75 plus $95 costs to date and all future costs. I made another mistake by calling the law firm that is suing me. They wanted to know where I work , and unfortunately I told her how I thought the company was a scam and that I tried to pay them. She asked me to write all of it down and send to them. Which I wont do because I believe they are wanting to use it against me, maybe as admission of me owing the money. The lady at the magistrate court gave me a reply form. I have 30 days to write my reply to the lawsuit or I lose automatically. I am unsure what to write, I don't know if I should deny owing any of it (obviously I feel this is wrong but i've read that LVNV has lost several cases by not being able to prove the person owes the money or that they own the debt now), or if I should tell the straight truth of how I tried to pay these people and they wouldn't take my payments. I don't know much about this stuff so I guess I'm just hoping for some advice. I live in Georgia by the way. Also their only evidence I see , exhibit A, is "Plaintiff's affadifit of indebtedness and ownership of account" . Its a form saying that they are an authorized representative of LVNV funding and that I origininated the account with credit one on 1/26/2015 and that the debt was transferred to them around 2/17/2016 Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted September 15, 2016 Report Share Posted September 15, 2016 4 minutes ago, JMoore88 said: The lady at the magistrate court gave me a reply form. I have 30 days to write my reply to the lawsuit or I lose automatically. I am unsure what to write, All you have to do is check off that you deny their claim and submit it to the court. You do not need a fancy legal answer for Magistrate Court. You also can't do discovery or file motions in advance so do not worry about any of that. 6 minutes ago, JMoore88 said: I made another mistake by calling the law firm that is suing me. Who is the law firm? 7 minutes ago, JMoore88 said: I feel this is wrong but i've read that LVNV has lost several cases by not being able to prove the person owes the money or that they own the debt now), or if I should tell the straight truth of how I tried to pay these people and they wouldn't take my payments. DO NOT discuss with LVNV or the law firm them "trying to take your payments" HUGE MISTAKE. Stop talking to them. PERIOD. ALL you need to do is type up a Motion to Compel Arbitration and bring 3 copies of it with you to court on the trial date. The Magistrate will send you and the lawyer to the hallway to try and settle it. You simply stand your ground and argue you want arbitration per the card agreement. When they ask what it would take to settle the only answer is a dismissal with prejudice. PERIOD. (have 3 copies of a dismissal with prejudice ready too) and if they won't agree argue to the Magistrate you want arbitration. What county in GA is this in? Quote Link to comment Share on other sites More sharing options...
BV80 Posted September 15, 2016 Report Share Posted September 15, 2016 16 minutes ago, JMoore88 said: Okay so I fell in with a bad credit card company a year or so ago. They called their self Credit One. They tried to make theirselves sound more legitimate by using a name close to capital one and even had close to the same logo. Credit One is a legitimate credit card company. Quote Link to comment Share on other sites More sharing options...
JMoore88 Posted September 15, 2016 Author Report Share Posted September 15, 2016 2 minutes ago, Clydesmom said: All you have to do is check off that you deny their claim and submit it to the court. You do not need a fancy legal answer for Magistrate Court. You also can't do discovery or file motions in advance so do not worry about any of that. Who is the law firm? DO NOT discuss with LVNV or the law firm them "trying to take your payments" HUGE MISTAKE. Stop talking to them. PERIOD. ALL you need to do is type up a Motion to Compel Arbitration and bring 3 copies of it with you to court on the trial date. The Magistrate will send you and the lawyer to the hallway to try and settle it. You simply stand your ground and argue you want arbitration per the card agreement. When they ask what it would take to settle the only answer is a dismissal with prejudice. PERIOD. (have 3 copies of a dismissal with prejudice ready too) and if they won't agree argue to the Magistrate you want arbitration. What county in GA is this in? FIrst off thank you for the quick reply and attempt to help. The law firm suing me is Emmett L. Goodman, Jr. LLC. They are based in Bibb County (Macon). I live in Coweta County (Newnan). I realized after I made a mistake. The lady I spoke to wanted me to make payments over the phone with her right then and there, I don't believe they want to take me to court. Just the vibe I got. The information I gave the law firm was where I work, that its a full time job and that I thought the original credit company was a scam. She wanted me to write my side of the story and send it to them but I will not be in any more constant with them. Let me say that I've never been sued before or know much about legal matters. I'm not sure what a motion to compel arbitration is . I don't think I have money for my own lawyer though I am willing to go to court to dispute this. If I must pay , I am willing to give them payments if its reasonable but I don't have the funds to pay them all at one time , I only get paid biweekly and have a car payment as well as other bills, I'm just barely getting by. Though I don't believe I should pay the overage charges because I did attempt to make payments. I just don't think I can prove it Quote Link to comment Share on other sites More sharing options...
JMoore88 Posted September 15, 2016 Author Report Share Posted September 15, 2016 5 minutes ago, BV80 said: Credit One is a legitimate credit card company. Maybe I am using the incorrect term. I'm not saying they are fake or anything. I'm just saying that they purposely name theirselves close to and share almost the same logo as Capital One for their own gain. I just think its a sneaky tactic that's all. Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted September 15, 2016 Report Share Posted September 15, 2016 First off, before discussion arbitration, does the credit agreement include it. Many do not and we do not know based on what the OP has told us. They might need to get the agreement first (which they cannot do until the trial occurs which by then might be too late). Sounds like you did not keep good records of your statements or attempts to pay and that might have helped you in this case. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted September 16, 2016 Report Share Posted September 16, 2016 2 hours ago, WhoCares1000 said: First off, before discussion arbitration, does the credit agreement include it. Many do not and we do not know based on what the OP has told us. Yes we do know, it is in post #1. It is a Credit One account owned by the Sherman group and it does contain arbitration in JAMS. 2 hours ago, WhoCares1000 said: They might need to get the agreement first (which they cannot do until the trial occurs which by then might be too late). No they don't need to wait until trial. The card agreements are on the CFPB website and can be downloaded at anytime. Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted September 16, 2016 Report Share Posted September 16, 2016 Quote Yes we do know, it is in post #1. It is a Credit One account owned by the Sherman group and it does contain arbitration in JAMS. I want you to quote to me where, in the paragraph, that is says there is an agreement with an arbitration clause in that 1st post. I have tried to read that thing 3 times and I could not find it. Quote No they don't need to wait until trial. The card agreements are on the CFPB website and can be downloaded at anytime. You might want to start providing links to these because most people coming here would probably not know that and they probably do not have the proper agreement which they will need to argue for arbitration. I simply did not know this because I do not use credit cards anymore so it is not on my radar to know where to find the latest and greatest agreement as well as historical ones. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted September 16, 2016 Report Share Posted September 16, 2016 2 hours ago, WhoCares1000 said: I want you to quote to me where, in the paragraph, that is says there is an agreement with an arbitration clause in that 1st post. I have tried to read that thing 3 times and I could not find it. I am familiar with the Credit One cards as I used to have one of them before I wised up. The OP doesn't specifically state that they have the card agreement but that it was a Credit One account whose agreements do provide for it in their terms. The ONLY credit card company that has removed that option is Capital One for accounts opened after 2010. 2 hours ago, WhoCares1000 said: You might want to start providing links to these because most people coming here would probably not know that and they probably do not have the proper agreement which they will need to argue for arbitration. I simply did not know this because I do not use credit cards anymore so it is not on my radar to know where to find the latest and greatest agreement as well as historical ones. For some people that might be true but in Magistrate Court you don't even need the card agreement. Rarely if ever does the Magistrate ask for it. Often the junk debt buyer drops the whole issue before it ever gets back in front of the Magistrate. As for posting links: I refuse to do ALL the work for someone who is being sued. The best way for them to learn how to defend themselves is to do the majority of the work on their own. After all I won't be there to argue the case for them either. Quote Link to comment Share on other sites More sharing options...
JMoore88 Posted September 25, 2016 Author Report Share Posted September 25, 2016 Sorry for late response. I'm working about 45 hours a week . I turned in my reply to the magistrate court with nothing written down on it. They said they would notify me when a court date is set. I don't know anything about a card agreement I'm afraid Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted September 25, 2016 Report Share Posted September 25, 2016 5 minutes ago, JMoore88 said: I don't know anything about a card agreement I'm afraid The card agreement is what is sent to you when you get the card that outlines interest rate, terms of use, payments, where to make them, and how to handle disputes including being able to use arbitration. If you no longer have it (most don't) you can find a copy on the CFPB website. 7 minutes ago, JMoore88 said: They said they would notify me when a court date is set. Newnan County I would expect a trial date in the next 30-45 days. Start studying on how you are going to defend this and what your plan is because that date will get here a lot faster than you think it will. Quote Link to comment Share on other sites More sharing options...
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