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16 minutes ago, Xerxes said:

Or, send a fax to the fax number to the attention of the attorney.

I was going to suggest this--if you have access to a fax machine. If so, can you print out a copy of the fax cover sheet and the fax transmission record as evidence? Also send a copy of the letter by regular first-class mail. 

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20 minutes ago, Brotherskeeper said:

Sorry, did you post the draft of this letter? 

Coming soon, have to go do mom stuff aka mom taxi but it will be up tonight. There is a fax number listed, but I would definitely still send certified mail for my records, although either form I use will incur costs, fax services here are $1 per page.

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1 minute ago, CandyCLC said:

Coming soon, have to go do mom stuff aka mom taxi but it will be up tonight. There is a fax number listed, but I would definitely still send certified mail for my records, although either form I use will incur costs, fax services here are $1 per page.

If your response is due on 4/6, you have some time to contact the attorney or get this letter out in the next fews days. 

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Okay here is the attorney draft. My question is, do I need to include anything about the costs as per the agreement in this letter. For reference, my agreement states I have to pay my share, which for JAMS is $250, which I know I would have to do and understand that, but I am just wondering if I have to include that in the letter. I like to keep things simple but don't want to gloss over things that could be important. I also want to know if the BOLD font sentence is allowed to be written or should be written differently.

Here is the draft:

---------------------------

NAME

ADDRESS

 

LVNV Funding LLC

c/o

ATTORNEY

ATTORNEY ADDRESS

 

DATE

 

Case No. XXXXXXXXXXXXXX

 

NOTICE OF ARBITRATION ELECTION

 

Pursuant to Credit One Bank, N.A cardholder agreement, I ELECT arbitration via JAMS to resolve all of our disputes.

As per the agreement, "Either you or we may, without the other's consent, require that any controversy or dispute between you and us (all of which are called “Claims”) be submitted to mandatory, binding arbitration. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by, and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §1 et seq., and to the extent of the State law is applicable, the State Law governing the card agreement.”

 

As of this notice you must dismiss or stay any and all actions in regards to the alleged debt pending the result of the Arbitration.

 

Sincerely,

 

___________________________ 

NAME

 

 

Certified Return Receipt #________________________

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Interesting side note, both judges for my district court are female. I wanted to look up the name at the top of my summons to look and see if that is a judge, and she is. I should have done that first and saved myself time trying to figure out if this complaint was actually filed. Rookie mistake!

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Thank You!

For my letter to the Lawyer, should I include the part of the agreement that states that successors to the account (asignees in this case) are subject to arbitration or should I just leave that in the formal MTC that will be submitted later if needed?

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OK, just to hammer in an already obvious point, but sometimes even something that seems obvious isn't to a novice.  

The letter of election is nice, but optional.  It doesn't help much EXCEPT it may create a situation in which the other party violates the FDCPA.  Just keep EVERYTHING from now on.  Let us know what they do, in case they do something stupid.  Or not stupid.  They are in a situation now where it is extremely easy to violate the FDCPA.  

The MTC is essential.  I mean, absolutely essential.  

BrothersKeeper knows Michigan law, and I don't, so when in doubt you know whom to listen to.  

 

Captain Obvious signing off now!

 

 

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1 minute ago, CandyCLC said:

Thank You!

For my letter to the Lawyer, should I include the part of the agreement that states that successors to the account (asignees in this case) are subject to arbitration or should I just leave that in the formal MTC that will be submitted later if needed?

How much typing do you want to do?

I hope that doesn't seem sarcastic.  That information probably doesn't hurt, but it probably doesn't help. 

I, personally, would leave it out.  

There is a case to be made for leaving it out, in that they might possibly claim the agreement doesn't apply to them.  Which is false information about the legal status of the debt, which is a violation of the FDCPA.

 

You want to give them a little rope in case they want to hang themselves.  

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1 minute ago, BackFromTheDebt said:

How much typing do you want to do?

I hope that doesn't seem sarcastic.  That information probably doesn't hurt, but it probably doesn't help. 

I, personally, would leave it out.  

There is a case to be made for leaving it out, in that they might possibly claim the agreement doesn't apply to them.  Which is false information about the legal status of the debt, which is a violation of the FDCPA.

 

You want to give them a little rope in case they want to hang themselves.  

I, for one, would be happy to see them hang! I am going to leave it out. I will be sending the letter and get the information I need to inform the court that I told them I want to elect Arb. I would love for them to shoot themselves in the foot for a FDCPA over a $563 debt, ha! In my research, it costs them $550 to go into Arb through JAMS with me (if it gets that far) , and for the life of me can't fathom why they would pay more than what I owe in legal fees alone. I see why they use this business model, because without helpful people like you all, most people roll over and take it up the rear.

Back to the tasks at hand, the lawyer letter will be sent tomorrow, meanwhile my MTC draft will be finalized and perfected, ready to be filed if I don't hear from the attorney in 7 days. And if I DO hear from them, I am posting everything here.

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16 minutes ago, BackFromTheDebt said:

There is a case to be made for leaving it out, in that they might possibly claim the agreement doesn't apply to them.  Which is false information about the legal status of the debt, which is a violation of the FDCPA.

 It might violate the FDCPA if that claim were made in a letter to the consumer. However if it was made in opposition to a motion to compel arbitration, I doubt that would be considered a violation. 

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No, it does NOT cost them $550 to get into JAMS.

The filing fee is $550 for them, which they may not pay.  If they don't pay the fee, you might be able to get away with not paying your $250.

They would soon find themselves with invoices for about $1200, and then another for about $5000, and then they start getting big.

That is why most JDBs just walk away. 

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Just now, BV80 said:

 It might violate the FDCPA if that claim were made and the letter to the consumer. However if it was made in opposition to a motion to compel arbitration, I doubt that would be considered a violation. 

Excellent point.

The point is, they MIGHT violate, not that they will violate.  

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20 minutes ago, BackFromTheDebt said:

No, it does NOT cost them $550 to get into JAMS.

The filing fee is $550 for them, which they may not pay.  If they don't pay the fee, you might be able to get away with not paying your $250.

They would soon find themselves with invoices for about $1200, and then another for about $5000, and then they start getting big.

That is why most JDBs just walk away. 

Correct, I was meaning to infer that is just the first fee they would have to pay, and they get astronomical from there.

Knowing my rights per the agreement and knowing that I am well within my rights to demand arb in this case makes me feel better. I know it is ultimately up to the judge to decide, and I know that somewhere somehow I am going to be asked to settle. Of course it would be great for a completely dismissed case, and a lot of people here would love to go for that. I can say if they offered me a settlement of $100 for dismissal with prej, I would take it, and mostly that decision comes from internal feelings of guilt, and telling my kids they need to pay what they owe. I hate being a good person sometimes. But I HATE junk debt buyers even more. I tried to explain to my adult son what they do, for instance if they paid 5 percent on my debt, they paid $28, so if they won against me, the profit margin is insane. It was only then he realized that "yes, owing debts is bad but that kind of business model is a total rip off and unfair."

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4 hours ago, Brotherskeeper said:

@CandyCLC Here is the form for requesting a hearing on a motion. Please note #4 " I certify that I have made personal contact with_________________ on __________regarding concurrence in the relief sought in this motion and that concurrence has been denied or that I have made reasonable and diligent attempts to contact counsel requesting concurrence with this motion."

Request For Hearing on A Motion Form

as per the #4, this would be in regards to me sending them my letter, and possibly not hearing back from them after 7 days, correct? And while we are here, the forms say "circuit" on them:

STATE OF MICHIGAN
 
JUDICIAL CIRCUIT
JUDICIAL DISTRICT
COUNTY
 
 
Are these used in district court, and would my clerk have the actual forms for me to fill out while I am there? (basically asking so I don't just print these off and not be able to use them)
 

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OKAY letter to lawyer printed (in triplicate just because) and I even printed the envelope, it's ready to go. In the meantime, I will add case files to my drafted MTC that support my decision to file in lieu, and will post the updated draft here for an extra set of eyes. The affidavit is pretty straightforward but I will post a draft of that too.

 

I'd like to thank you all for helping me this far, 5 days ago I was trying to finish cooking dinner right after getting the summons and feeling my world close in on me, and you wonderful people have been so kind in helping me!

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20 minutes ago, CandyCLC said:

Are these used in district court, and would my clerk have the actual forms for me to fill out while I am there? (basically asking so I don't just print these off and not be able to use them)

This is a (multi-) court form you can fill in online and then print out. You put 56 A  Judicial District, Eaton, County. Or, you can create your own case caption header template, and draft your own version of this document using this fill-in form as a guide. The court clerk is mandated not to give legal advice or act as your admin. asst. Some court clerks are very helpful and others are decidedly not. It's always prudent to treat them with respect and gratitude. Having said that, I'm certain they see court docs that somebody's dog ate and pro ses without a clue. 

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1 hour ago, CandyCLC said:

Correct, I was meaning to infer that is just the first fee they would have to pay, and they get astronomical from there.

Knowing my rights per the agreement and knowing that I am well within my rights to demand arb in this case makes me feel better. I know it is ultimately up to the judge to decide, and I know that somewhere somehow I am going to be asked to settle. Of course it would be great for a completely dismissed case, and a lot of people here would love to go for that. I can say if they offered me a settlement of $100 for dismissal with prej, I would take it, and mostly that decision comes from internal feelings of guilt, and telling my kids they need to pay what they owe. I hate being a good person sometimes. But I HATE junk debt buyers even more. I tried to explain to my adult son what they do, for instance if they paid 5 percent on my debt, they paid $28, so if they won against me, the profit margin is insane. It was only then he realized that "yes, owing debts is bad but that kind of business model is a total rip off and unfair."

At some point one must make a business decision.

The lenders made a business decision, that they were actually hoping you would get in over your head.  Seriously.  They don't make money from people who pay off their cards every month.  If you keep a balance, they make money.  If you miss a payment and they can charge you all sorts of fees, plus jack up the interest rates to some exorbitant level, they make a LOT of money. 

They WANT you to get in slightly over your head.  If you get in way over your head, at some point most of the money you owe are fees and userous  interest rates.  So they recoup what they can by sending it to a JDB.  

At this point not one penny you pay will go towards paying off your debt to the lenders.  It is all paying off people who speculate that they can wring enough money from you in judgments to make a profit.  

That is why the JDBs rarely go to arbitration, esp. for amounts this small.  Once it is in arbitration, it is a lose/lose proposition for them.  Either they walk away and lose what they spent on the debt + legal fees, or they lose a LOT more chasing the debt.  They almost always cut their losses.

And the fact that some debts are just plain noncollectable fits in with their business plan.  A certain number of people they sue will file for BK, or will be judgment proof, or will beat them in court, or will beat them with arbitration.  If that were not the case, they would have to pay a lot more for their debts.   

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37 minutes ago, CandyCLC said:

In the meantime, I will add case files to my drafted MTC that support my decision to file in lieu, and will post the updated draft here for an extra set of eyes. The affidavit is pretty straightforward but I will post a draft of that too.

Please give the posters here some time to view these docs. Members have been truly amazing in their speedy replies and willingness to assist. You can't always rely on this to be the case. Your motion and your affidavit will need to have language added to incorporate the arb election letter sent to LVNV; that letter will need to be marked as Exhibit B. 

I strongly urge you to go back and re-read this thread and the many links. You may understand a few things you didn't earlier, as well as find much that you missed the first time through. 

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1 hour ago, Brotherskeeper said:

Please give the posters here some time to view these docs. Members have been truly amazing in their speedy replies and willingness to assist. You can't always rely on this to be the case. Your motion and your affidavit will need to have language added to incorporate the arb election letter sent to LVNV; that letter will need to be marked as Exhibit B. 

I strongly urge you to go back and re-read this thread and the many links. You may understand a few things you didn't earlier, as well as find much that you missed the first time through. 

Definitely DEFINITELY taking the time to get the MTC right, and it definitely needs more work. I was just going back through page one of my thread today because I indeed found things I missed or didn't understand at first already. Breathing, taking the time. The letter at least, I hope, looks good to go. That still leaves me two weeks perfect and to file my motion regardless if they take any action or not on the letter.

I am glad you said something about the Affidavit having to have reference to the letter, because I thought it was just for the agreement. Like I said, missed things reading the thread the first time, so tonight I am going back reading this thread through, and will probably do it again and again. Wealth of information!

As for the process, when I go to file this MTC and pay the $20 filing fee, I have to motion for the hearing too, is that an additional $20 as well?

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@Brotherskeeper

I defer to you. Over the years, you have guided many Mich OPs to a dismissal, either through litigation, or more recently with arbitration. And I know that sometimes you have provided one on one  personal guidance. Thank you for all you do here.

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10 hours ago, debtzapper said:

I defer to you. Over the years, you have guided many Mich OPs to a dismissal, either through litigation, or more recently with arbitration. And I know that sometimes you have provided one on one  personal guidance. Thank you for all you do here.

Kind words, DZ. I can say the same--even more--about you! As I've said before, I look stuff up. XtypeX  Anyone can do it. I try to provide the link to show my work. I found incredible help here on this site when it was needed. I'm paying it forward. 

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