GRRRR101

JDB Strikes Again...in A...Z...

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I was served  by this company for $600 with debt from OC in another state.  Need some clarity on Arbitration vs Answer.  Do I file both?  I plan on filing tomorrow at the Justice Court; but I don't know the best route to go here in AZ.  Still kind of new to the state and it doesn't seem like the laws are in my favor.   Does anyone know if going the Arbitration route means I have to admit to the debt?  I see references to  credit card agreements.   I thought someone stated on another forum that Credit One no longer allows Arbitration..  I was planning on filing Answer or Denial or need more proof; I hear that I loose Affirmative Defense right if I don't state one in my Answer.    Any advise is much appreciated.  

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When was the last time you made a payment on the account? 

Do you have a copy of the agreement from around the time of the last payment? 

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  I was in default for and then decided to start trying to pay my cards after I moved here so I think it was just last tax season.  But I had 3 cards and I think Credit One was the one that wouldn't allow me to pay online so I may not have. If I did pay them back in Feb. I hadn't used the card for a long time since it was prior to that.  

 

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No copy of the agreement at all.  I opened the account 3-4 years ago, maybe longer.  I really have nothing to go on.  I know the balance was less than $250.  

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32 minutes ago, GRRRR101 said:

  I was in default for and then decided to start trying to pay my cards after I moved here so I think it was just last tax season.  But I had 3 cards and I think Credit One was the one that wouldn't allow me to pay online so I may not have. If I did pay them back in Feb. I hadn't used the card for a long time since it was prior to that.  

 

@GRRRR101 are you saying you hadn't used the card for a long time prior to (possibly) paying it in Feb of last year (2015?)?  If so, how long?  CA SOL is 4 years. Is it possible it was longer ago than that since you used it and/or made payments? 

@BV80 if OP never used the card in AZ, would CA SOL apply? 

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35 minutes ago, GRRRR101 said:

No copy of the agreement at all.  I opened the account 3-4 years ago, maybe longer.  I really have nothing to go on.  I know the balance was less than $250.  

Go to this website and scroll about 2/3 down and you'll see a list of "archived" agreements. Pick the year that most closely matches the last time you made charges to the card. It's a single file of every agreement so it will take a bit to download but it should have a credit one agreement in there. Take a look at it and see if it mentions arbitration anywhere in it. 

http://www.consumerfinance.gov/credit-cards/agreements/

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42 minutes ago, Harry Seaward said:

@BV80 if OP never used the card in AZ, would CA SOL apply? 

Well, that could depend upon different factors.  If the account was in good standing when the OP moved to AZ, and he defaulted in AZ, the AZ SOL might be applied.

However, if I understand the OP correctly, the account was already in default when he moved to AZ, so the CA SOL might apply.  HOWEVER (again), the CA SOL could have been tolled when he left the state.

Let me see what I can find.

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@Harry Seaward

It also needs to be known if the SOL had already passed in CA when the OP started paying again.  If the SOL had not passed, he reset it when he made another payment.

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5 minutes ago, GRRRR101 said:

Thank you so much for the input. The acct was definitely in default before moving to Arizona.  

Had the SOL in CA already passed when you made payments after moving to AZ?

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Sorry for late replies, having trouble signing in. So I checked my email and did a filter seach. Turns out i made 3 payments in 2015 the last one in june, the first in feb which is when i moved to AZ so SOL wouldnt apply to me . I better make sure not to put my email address on tmy answer, at least not that one. any chance my statements would be of use? I plan to deny it all at first since I didnt sign nothing with those voulchers and no one told them to go and readily be buying peoples debts.  Do I have to state a legal defense right now, if I am just doing a general denial? I think in AZ I have to state a defense or they throw my answer out, true or no?

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27 minutes ago, GRRRR101 said:

Turns out i made 3 payments in 2015 the last one in june, the first in feb which is when i moved to AZ so SOL wouldnt apply to me .

The question is had 4 years passed between the time you went into default and when you made the payment in 2015?  On other words, was the default in or before Feb 2011?

27 minutes ago, GRRRR101 said:

any chance my statements would be of use?

Only if they prove you paid the debt in full or the amount Midland is claiming cannot be correct.

27 minutes ago, GRRRR101 said:

I plan to deny it all at first since I didnt sign nothing with those voulchers and no one told them to go and readily be buying peoples debts

Neither of these things are relevant.  Use of the account constitutes acceptance of the terms of the agreement so no signature is needed.  And if you read the agreement, it says they may sell the account to anyone at any time and that entity assumes all rights and responsibilities of Credit One as if they themselves were Credit One.

27 minutes ago, GRRRR101 said:

Do I have to state a legal defense right now, if I am just doing a general denial? I think in AZ I have to state a defense or they throw my answer out, true or no?

They don't 'throw your answer out'.  But any defenses you wish to assert must be asserted in your answer or else you cannot use them later without going through the hassle of getting permission from the court to go back and amend your answer.  Arbitration is not technically a "defense" but you would say something like "This Court lacks jurisdiction on the basis that I have elected private contractual arbitration in accordance with the attached credit card agreement.  Pursuant to said agreement, Plaintiff may not litigate its claims in a court of law; ipso facto, proper jurisdiction does not lie not with this Court."

Be sure you are very clear that you are demanding "private contractual arbitration".  Otherwise, Midland and the Court may try to corral you into the court sponsored 'mediation' which is a joke, and NOT what you are entitled to per the agreement.

Also, I think you were concerned about having to come up with $250 for arbitration (was that you?).  That doesn't happen now.  You get the answer and MTC filed and then send your paperwork to JAMS or AAA.  At that point, the case is open and they will usually demand payment from Midland before making you pay anything.

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15 hours ago, GRRRR101 said:

No, the account wasn't that old.  I think it actually opened in late 2013.

Ok, so a statute of limitations defense is out.
You still need to find out if arbitration is available using the link I gave you earlier to find your credit card agreement.  If it is, that's going to be the fastest way to make Midland drop this case.

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24 minutes ago, Harry Seaward said:

This is why I don't recommend people use forms.  They basically set people up to get railroaded.

Looking for the link to the agrmt you sent.  Just found it.  Will check it out. 

 

 

 

 

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On 10/4/2016 at 6:51 PM, Harry Seaward said:

When was the last time you made a payment on the account? 

Do you have a copy of the agreement from around the time of the last payment? 

The funny thing is I used one of my cards like 2 days before moving to AZ for uhaul, not sure which one.  Likely not CreditOne.  Aside from that I'm sure that card wasn't used in AZ, I only made payments on it here.  Funny how they soup it up to assume I acquired all this debt here in AZ.    I'm just worried about the agreement backfiring on me. Don't have much time to think about it.  

 

But if I file the General denial,  can I still  Arbitrate.  After they responded with their "proof"?  It seem s like in AZ the normal Answer requires an affirmative defense and I just want to buy a little time and let them know I plan to address this. This  does require so much research.  Appreciate the help. 

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22 hours ago, Harry Seaward said:

The question is had 4 years passed between the time you went into default and when you made the payment in 2015?  On other words, was the default in or before Feb 2011?

Only if they prove you paid the debt in full or the amount Midland is claiming cannot be correct.

Neither of these things are relevant.  Use of the account constitutes acceptance of the terms of the agreement so no signature is needed.  And if you read the agreement, it says they may sell the account to anyone at any time and that entity assumes all rights and responsibilities of Credit One as if they themselves were Credit One.

They don't 'throw your answer out'.  But any defenses you wish to assert must be asserted in your answer or else you cannot use them later without going through the hassle of getting permission from the court to go back and amend your answer.  Arbitration is not technically a "defense" but you would say something like "This Court lacks jurisdiction on the basis that I have elected private contractual arbitration in accordance with the attached credit card agreement.  Pursuant to said agreement, Plaintiff may not litigate its claims in a court of law; ipso facto, proper jurisdiction does not lie not with this Court."

Be sure you are very clear that you are demanding "private contractual arbitration".  Otherwise, Midland and the Court may try to corral you into the court sponsored 'mediation' which is a joke, and NOT what you are entitled to per the agreement.

Also, I think you were concerned about having to come up with $250 for arbitration (was that you?).  That doesn't happen now.  You get the answer and MTC filed and then send your paperwork to JAMS or AAA.  At that point, the case is open and they will usually demand payment from Midland before making you pay anything.

So I'm required to assert defense even if my answer is saying i deny it because i don't know.  I guess I'd have to admit to having a bank account, or look like a liar.  

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4 minutes ago, GRRRR101 said:

The funny thing is I used one of my cards like 2 days before moving to AZ for uhaul, not sure which one.  Likely not CreditOne.  Aside from that I'm sure that card wasn't used in AZ, I only made payments on it here.  Funny how they soup it up to assume I acquired all this debt here in AZ.  

It doesn't matter where you used the card.    What matters is where you resided at the time the account went into default.  If the 4 year CA SOL had passed by the time you moved to AZ, then you'd have an SOL defense.   

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So, browsing my old email again, happened to find an email from the OC thanking me for registering for Credit Protection.  I think I didn't file a claim because for them to pay my bill because I became unemployed right after getting the card maybe.     Being as Mudland Funding probably doesn't have a copy.  Could this be useful in any way?  lol

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1 hour ago, GRRRR101 said:

But if I file the General denial,  can I still  Arbitrate.  After they responded with their "proof"?  It seem s like in AZ the normal Answer requires an affirmative defense and I just want to buy a little time and let them know I plan to address this.

If you don't assert arbitration from the get-go they can argue that you waived your right to it.

I know it's nerve wracking having to decide,  but I've seen nearly every AZ JDB case that went to trial end with a judgment against the consumer, and NOT ONE arbitration case end up with a judgment.  One guy reportedly owed $30,000 and the JDB walked away. 

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10 minutes ago, GRRRR101 said:

Do  I push quote to reply , 

You don't have to hit "quote", but it's useful in that it shows to which specific post you're responding and alerts the poster to whom you're responding.

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