danny0220

Letter of intent to file suit

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i find it odd they would tell you a suit has been filed and to 'keep a look out for a summons'. You typically wouldn't get such a warning because you could then actively try to evade service. I would check your court's online system to confirm.

Anyhow, if it has been filed and arbitration is not an option for you, then file a general denial. The laws in California are quite favorable to defendants in these types of lawsuits, especially when it's a junk debt buyer like Portfolio. They will shoulder the entire burden of proof and they often (pretty much every time) do not have it. Even if you really want to settle, you should fight it anyway - it is very unlikely they will offer/accept any good deal on this unless you are all the way up to the eve of trial.

http://www.courts.ca.gov/documents/pld050.pdf

https://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/

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3 hours ago, danny0220 said:

Hopefully you haven't all given up on me.

Never!

This is just the beginning. Lot's of good help here. You have plenty of time to learn.

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If this is the Gap card backed by Synchrony Bank, then here is the 2016 card agreement:

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0ahUKEwjw75641tLZAhWRu1MKHby7AsQQFgg0MAE&url=https%3A%2F%2Ffiles.consumerfinance.gov%2Fa%2Fassets%2Fcredit-card-agreements%2Fpdf%2FSynchrony_Bank%2FGap_Inc_Visa_Card_Account_Agreement_and_Pricing_Information.pdf&usg=AOvVaw2UqWwdSjPKXgZAjINmsd8w

Now that they have filed suit, you will have to decide if you are going to fight them in court or use arbitration.  You should decide this before you file an answer, as your path will be different depending on which method you choose.  If you go with arbitration, there is a link in my signature line with all the information on how to ask the court to move your case into arbitration.  If you decide to fight them in court, I would follow @RyanEX and the other California regulars who have helped many people beat the JDBs in CA courts.

 

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So here's the deal.

I got my mail today and saw this pink slip that stated that there was a suit filed on 2/13. This leaflet letter was from a company that deals in debt relief. Anyway, decided to check on the case # only to find that the suit had in fact been filed. So now am I just waiting on a summons?

My plan thus far has been to go the arbitration route. My knowledge thus far from reading through the forums is that arbitration can cost a pretty high amount when compared to my current suit claiming that I owe 2,700ish...The high cost alone should dissuade PRA from continuing with the arbitration? I have read through the CC agreements on arbitration and am a bit lost. The arbitration agreement states:

1. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents and/or Gap Inc. if it relates to your account, except as noted below.
2. We will not require you to arbitrate: (1) any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court; or (2) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate.

Does this mean that i can or cannot arbitrate the case that has been filed in small claims court? The "we will not require you to" confuses me.

I guess my main thing is to keep this out of court. When receiving my summons,  should I prepare to submit a general denial letter within the allotted 30 days? Should I just send them a demand for arbitration before the summons even comes?

Seeing my name on the court site has definitely increased my stress by 100%.

 

HELP. Please.

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"We will not require you to" does not preclude you from arbitration.

Also, notice they say they may require you to arbitrate if you claim any wrongdoing on their part.  Have they done anything wrong?  This may be a good situation for filing arbitration before you get served.

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The other thing --

 

Yeah, yeah, yeah your name is on a court case.  We have all been there many times.  

They make a good living off of FEAR.  The fear the consumer has of being sued.  If you just do what you need to do, and don't be afraid, you will be in great shape.  Once I realized I didn't have to live my life in fear, I slept a lot better, my life got a lot better, and I was able to defend myself in all the debt cases.  I never lost a credit card case.  

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1 hour ago, BackFromTheDebt said:

Also, notice they say they may require you to arbitrate if you claim any wrongdoing on their part.  Have they done anything wrong?  This may be a good situation for filing arbitration before you get served.

Thus far, I can't say they've done anything "wrong". I just thought the arbitration route was a way to get them out of suing me in court.

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28 minutes ago, danny0220 said:

Thus far, I can't say they've done anything "wrong". I just thought the arbitration route was a way to get them out of suing me in court.

Too late for that.  They've already sued you in court.

What you need now is a Motion To Compel Arbitration (MTC) to get it OUT of court.

One way to do this is to file in JAMS before you get served, or shortly after you get served.  Not a big difference.  Then, when you get served, file an MTC with the court.  If they had violated anything, it would be good to put in the complaint you send to JAMS.  

One thing you can do.  You can file a complaint in JAMS, and just mention "violations of the FDCPA", or something generic as the complaint.  Send a copy of the complaint to the attorney listed on the Summons.  Then, before the deadline to reply, file your MTC.  

That won't prevent them from suing, nor will it wipe out the records of the suit, but it should get it out of court and into JAMS.  

My point was, if you do everything right, they lose their weapon of fear against you.  When you are behaving in a rational and un-fearful manner, then you can get your best result.  

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Did the court case say small claims court or did it say Limited Civil? If Limited civil you could compel arbitration. regardless you have to answer the suit when it is served. get your stuff ready before that don't wait file a Bill of Particulars on them.

Seadragon copy of Calawyers famous Bill of Particulars.doc

Be very precise and send the BOP Certified Mail Return receipt requested

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On 3/6/2018 at 3:59 PM, BackFromTheDebt said:

Too late for that.  They've already sued you in court.

What you need now is a Motion To Compel Arbitration (MTC) to get it OUT of court.

One way to do this is to file in JAMS before you get served, or shortly after you get served.  Not a big difference.  Then, when you get served, file an MTC with the court.  If they had violated anything, it would be good to put in the complaint you send to JAMS.  

One thing you can do.  You can file a complaint in JAMS, and just mention "violations of the FDCPA", or something generic as the complaint.  Send a copy of the complaint to the attorney listed on the Summons.  Then, before the deadline to reply, file your MTC.  

That won't prevent them from suing, nor will it wipe out the records of the suit, but it should get it out of court and into JAMS.  

My point was, if you do everything right, they lose their weapon of fear against you.  When you are behaving in a rational and un-fearful manner, then you can get your best result.  

Does it cost me anything to file with JAMS? i thought i was supposed to initiate the "idea" of them having to go through arbitration. this is where i get a little confused.

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On 3/6/2018 at 7:10 PM, Seadragon said:

Did the court case say small claims court or did it say Limited Civil? If Limited civil you could compel arbitration. regardless you have to answer the suit when it is served. get your stuff ready before that don't wait file a Bill of Particulars on them.

Seadragon copy of Calawyers famous Bill of Particulars.doc

Be very precise and send the BOP Certified Mail Return receipt requested

the website didn't specify small claims or limited civil. i just entered my case # into the civil section and it came up without any specific wording.

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11 hours ago, danny0220 said:

Does it cost me anything to file with JAMS? i thought i was supposed to initiate the "idea" of them having to go through arbitration. this is where i get a little confused.

Check your agreement.  I think this agreement forces them to pay everything.

There is a tactic I used a few times:  I filed in JAMS, and then tried negotiating before paying the money.

In some cases, I wound up having to pay the money to keep the case going.  

For one case, I negotiated a settlement before either side paid the fees.

Cap 1's sleazy lawyer said Cap 1 would pay my fees if I asked.  They didn't pay either my fees or theirs, and the case was dismissed w/o prejudice from the court, and they never tried to sue me again.  

 

So, in your case, I would file with JAMS but do not pay.  Send a letter to the other side (the address should be in the arbitration agreement) requesting they pay your fees or advance your money to pay the fees.  

Then start negotiating.  

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Synchrony/GE card agreements all state that THEY will pay all filing fees.  It is important to READ YOUR ARBITRATION CLAUSES.

Aside from that, I wouldn't file anything until my MTC is granted.

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On ‎3‎/‎7‎/‎2018 at 7:59 PM, danny0220 said:

the website didn't specify small claims or limited civil. i just entered my case # into the civil section and it came up without any specific wording.

did the case number start with SC or LC? If they filed a summons but have not served you, Mail the Bill of Particulars CMRRR to them at the address listed. This will force them to get what they have to you AND the Bill of Particulars is not discovery that would stop you from arbitration.  If they do not get the response to you on time You can Demurrer without leave to amend. Please do this it will help a lot.

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On 3/12/2018 at 7:35 PM, Seadragon said:

did the case number start with SC or LC? If they filed a summons but have not served you, Mail the Bill of Particulars CMRRR to them at the address listed. This will force them to get what they have to you AND the Bill of Particulars is not discovery that would stop you from arbitration.  If they do not get the response to you on time You can Demurrer without leave to amend. Please do this it will help a lot.

the Case # doesn't start with a SC or LC. only letters in it is CL near the end. I have sent out the BoP and have gotten a packet in return of bills and the like.
 

On 3/8/2018 at 7:46 AM, BackFromTheDebt said:

Check your agreement.  I think this agreement forces them to pay everything.

There is a tactic I used a few times:  I filed in JAMS, and then tried negotiating before paying the money.

In some cases, I wound up having to pay the money to keep the case going.  

For one case, I negotiated a settlement before either side paid the fees.

Cap 1's sleazy lawyer said Cap 1 would pay my fees if I asked.  They didn't pay either my fees or theirs, and the case was dismissed w/o prejudice from the court, and they never tried to sue me again.  

 

So, in your case, I would file with JAMS but do not pay.  Send a letter to the other side (the address should be in the arbitration agreement) requesting they pay your fees or advance your money to pay the fees.  

Then start negotiating.  

Looks as if i will be going this route. Could you give me a little more information on "filing with JAMS"? I went the website Jamsadr and have looked over it a bit. By filing and not paying, do you mean that you actually had the case started and sent to a JAMS professional? Could you please elaborate? thank you.

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10 hours ago, danny0220 said:

the Case # doesn't start with a SC or LC. only letters in it is CL near the end. I have sent out the BoP and have gotten a packet in return of bills and the like.
 

Looks as if i will be going this route. Could you give me a little more information on "filing with JAMS"? I went the website Jamsadr and have looked over it a bit. By filing and not paying, do you mean that you actually had the case started and sent to a JAMS professional? Could you please elaborate? thank you.

Once again, since you have been served, I would not do anything with JAMS until you first get the court to order arbitration in this case.  You will need to file a motion to compel arbitration.  The link in my signature has all of the arbitration information.

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On 4/24/2018 at 3:44 AM, fisthardcheese said:

Once again, since you have been served, I would not do anything with JAMS until you first get the court to order arbitration in this case.  You will need to file a motion to compel arbitration.  The link in my signature has all of the arbitration information.

So...as of this moment i have yet to be served papers for any court hearings. I am basically sitting and waiting for the papers so i can proceed with the MTC arbitration....this is quite stressful....

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so this just happened.

over the weekend some lady was calling me stating she had important documents for me and wanted to verify my home address since i wasn't at home when she went. i figured it was a process server but still wasn't too sure and refused to give her my address at that time (as i wasn't available to meet her) and told her to call me back monday. she calls me back sunday and asks again for me to verify my address. as i was helping someone move, i repeated for her to give me a call on monday. she got a little bothered and we got in a bit of an argument to which she said good luck and hung up. i spoke with H&H today again trying to get a settlement at $500 to which they said they could give me a lump sum for $2400. the person then informed me that they tried to serve me and i told them the story of what had happened and they said they wanted me to speak with one of the attorneys on the matter (of which none were available).

 

anyhow....i wanted to ask you all....when do the negotiations start? every time i throw out the number $500, they return with $2400. no wiggle, no budge. i can't even seem to get past the person picking up the phone to talk about any kind of negotiation. i mean....do they really want this to go to court that badly?

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You have started negotiation. Because you have not been served yet, they really do not know your hand so they think you are simply looking to avoid court. Right now, they think they will get a default so they will not budge. I suggest you contact the attorney's office today or tomorrow and set up a time/place to be served. You can even tell the attorney your willing to go to their office for service if they wish. You might get a different tune as to what they will settle for once you file you answer and/or MTC. You won't right now.

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So...I was looking through the forum at old posts and going over ones I've read before as they become clearer as I delve deeper into my situation. I was reading on some posts that arbitration should be saved for OC's rather than JDB's.

I forgot to mention that I got a packet with my BOP in it. I noticed that it's just some statements rather than the entire summary of the balance from 0 to the current amount. I read somewhere that this is not a full representation of my account, also may be due to them not having all the information. I also did notice the dates were a bit out of order, but that could be simple error. Anyway...my question is...should I fight them in court to prove that they do in fact own the debt? My initial plan was to push them into the arbitration corner in order to increase their fees so that it would justify them taking a small settlement rather than them waste money on JAMS. Now that I've read back over some other cases against PRA, I'm wondering if it would possibly be a good idea to try and call them out in court on what they actually have as proof that I owe them anything. Any advice (though repetitive) would be greatly appreciated.

 

5 hours ago, WhoCares1000 said:

You have started negotiation. Because you have not been served yet, they really do not know your hand so they think you are simply looking to avoid court. Right now, they think they will get a default so they will not budge. I suggest you contact the attorney's office today or tomorrow and set up a time/place to be served. You can even tell the attorney your willing to go to their office for service if they wish. You might get a different tune as to what they will settle for once you file you answer and/or MTC. You won't right now.

I will be calling them and asking them about the summons for sure.

 

So sorry about bringing this up, but I also have another case that has just been filed in court. This is from the OC of Bank of America where it states I owe something in the ballpark of 10k. I've spoken with the law office in charge and have had some negotiations to bring them down to about 7500ish. I have told them on multiple occasion that I could not afford such a settlement and was willing to pay possibly up to 3k with cash in hand. Of course they didn't accept. Back before I had read somewhere that fighting an OC in arbitration for such a high amount (10k) would be dangerous as they could possibly be willing to push all the way since the fees would still be less than the owed amount. I plan on calling them again and trying to negotiate the sum down even lower but it seems that they won't take much lower than what they say... Any insight on this matter would also be greatly appreciated. Thank you all for helping me thus far. When I feel like this is all dragging me down, reading your words gives me hope in getting past this difficult time.

 

Double stress now....what a great day today has been.

 

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7 hours ago, danny0220 said:

I was reading on some posts that arbitration should be saved for OC's rather than JDB's.

Wherever or whoever said this is someone I would immediately stop reading and taking advice from as they could not be more wrong if they tried.

You are in CA, so you can probably beat them in court.  You would have to read threads from the CA regulars here for that.  You have a Synchrony card agreement, so if this were me, I would be looking to settle for $0 and a dismissal with prejudice by using JAMS.  PRA will never follow through with JAMS, which is pretty good leverage and completely flips the case to your advantage if you ask me.

Your new case with BoA is different.  You will have to fight them in court or settle.  There is no arbitration agreement unless you happened to have opened your account prior to 2010.  You will need to search the CA member threads to see how you can deal with this one.

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On 5/2/2018 at 3:02 AM, fisthardcheese said:

Your new case with BoA is different.  You will have to fight them in court or settle.  There is no arbitration agreement unless you happened to have opened your account prior to 2010.  You will need to search the CA member threads to see how you can deal with this one.

so turns out the summons was actually from BoA and not the H&H. The card was made back in 2008 though and on the back of the summons it talks about Alternative Dispute Resolutions, of which arbitration is listed as one. I wonder if they mean to tell me I can go this route? Maybe I should make a new thread on this one to get some new insight from others. I don't really see many OC debts from BoA on the site. Anyway...going to try to negotiate lower today.

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