Jump to content

Served by Synchrony Bank - Kansas


Recommended Posts

Random server showed up at my house while I was at school. My roommate girlfriend (who does not live there) answered the door, he asked for me by my name and did not introduce himself, purpose, or who he represents. She told him that I was at work (she did not know where I was but that I wasn't home). He specifically said "That's fine, you can accept this and just give it to him." Not knowing what was going on, she agreed to it. He asked for her name which she gave; he did not ask her relation to me or even verified that she was over the age of 18. The summon was not sealed or even secured in any other way except for a single staple holding it together. There was no regards to privacy in any way. My roommates were able to read everything including the last four of my social. There were no other attempts made to directly reach me.

The plaintiff is the original creditor (Synchrony Bank Vs Me) and is being represented by K-ramer and F-rank (looks to be a local law firm that specialize in collections). Last date of activity was 5/2017.

Were there any privacy laws or improper summon that was crossed?

What are my options? I am currently a full time student in a graduate program with no significant current income until I graduate in three months. I do not own a home or assets other than my vehicle which I own.

I'm thinking the best option I have right now is to speak with the firm, agree to a settlement, and hopefully they'll be able to take small payments until I finish school...

 

1. Who is the named plaintiff in the suit?

Synchrony Bank

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
Kramer and Frank PC.

3. How much are you being sued for?
$3688 plus $1190 interest and court fees.

4. Who is the original creditor? (if not the Plaintiff)
Synchrony Bank / ABT Electronic

5. How do you know you are being sued? (You were served, right?)
I received a Court Summons.

6. How were you served? (Mail, In person, Notice on door)
Received by roommate girlfriend when I was not home.

7. Was the service legal as required by your state?
Kansas - I think so.

8. What was your correspondence (if any) with the people suing you before you think you were being sued?
None

9. What state and county do you live in?
Kansas / Wyandotte County

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
May 30th 2017

11. What is the SOL on the debt? To find out:
5 years

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).
Court Summon - Count 1: Breach of Contract, Count 2: Account Stated (Alternative)

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
No

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.
No

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?
Court appearance 26 days. Must respond in 14 days if disputing.

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
Credit card agreement (Pricing information addendum, variable terms addendum, rate and fees table, standard provisions the account agreement, and Summary of account activity from last statement.

Link to comment
Share on other sites

24 minutes ago, equalme said:

Random server showed up at my house while I was at school. My roommate girlfriend (who does not live there) answered the door, he asked for me by my name and did not introduce himself, purpose, or who he represents. She told him that I was at work (she did not know where I was but that I wasn't home). He specifically said "That's fine, you can accept this and just give it to him." Not knowing what was going on, she agreed to it. He asked for her name which she gave; he did not ask her relation to me or even verified that she was over the age of 18. The summon was not sealed or even secured in any other way except for a single staple holding it together. There was no regards to privacy in any way. My roommates were able to read everything including the last four of my social. There were no other attempts made to directly reach me.

The plaintiff is the original creditor (Synchrony Bank Vs Me) and is being represented by K-ramer and F-rank (looks to be a local law firm that specialize in collections). Last date of activity was 5/2017.

Were there any privacy laws or improper summon that was crossed?

What are my options? I am currently a full time student in a graduate program with no significant current income until I graduate in three months. I do not own a home or assets other than my vehicle which I own.

I'm thinking the best option I have right now is to speak with the firm, agree to a settlement, and hopefully they'll be able to take small payments until I finish school...

Usually, they're supposed to leave a summons with someone who lives there.  You can claim improper service, and possibly the lawsuit would be dismissed, but they'll just serve you again.

Lawsuits are public record, so I doubt any privacy laws were violated.

Synchrony has an arbitration provision, but original creditors tend to agree to arbitrate.  If they agree to arbitrate, it could buy you some time if you need to get money.

Check out the following threads.

https://www.creditinfocenter.com/community/topic/329407-arbitration-in-the-modern-era/

https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/

 

  • Like 1
Link to comment
Share on other sites

How much is the debt for?

OCs are much more likely to arbitrate than JDB, that is absolutely true.  And they are much more likely to arbitrate than they used to.  

However, arbitration is often used as a way to get them to settle the debt for less money than usual.  The bills keep piling up and at some point SOME of them will cut their losses and agree to a decent settlement.  

There are several times when they are more willing to settle.  The first time is between the time they get the first bill and when they pay the first bill.  

SOMETIMES OCs walk away from arbitration, but don't count on it.  

Weird stuff happens in arbitration.  There are things that supposedly never happen, but then they happen.  We can't tell you what will happen in your case.  This is gambling.  You need to get the odds as favorable to you as possible, then roll the dice.  

Link to comment
Share on other sites

4 minutes ago, BackFromTheDebt said:

How much is the debt for?

OCs are much more likely to arbitrate than JDB, that is absolutely true.  And they are much more likely to arbitrate than they used to.  

However, arbitration is often used as a way to get them to settle the debt for less money than usual.  The bills keep piling up and at some point SOME of them will cut their losses and agree to a decent settlement.  

There are several times when they are more willing to settle.  The first time is between the time they get the first bill and when they pay the first bill.  

SOMETIMES OCs walk away from arbitration, but don't count on it.  

Weird stuff happens in arbitration.  There are things that supposedly never happen, but then they happen.  We can't tell you what will happen in your case.  This is gambling.  You need to get the odds as favorable to you as possible, then roll the dice.  

Debt is $3688 plus $1190 interest and court fees.

So to arbitrate or not? I had thought about calling the firm to negotiate a settlement but likely won't get a good percentage off since they already filed a suit.

Link to comment
Share on other sites

Synchronicity allows you to use arbitration even in small claims court cases.

I can't tell you what to do about arbitration,

Here are your options, though.

1. Surrender, let them get a default judgment.  (Worst option).  Then you are on the hook for everything.  Sometimes you can negotiate a settlement post-judgment, but not usually a very good one.  If you can pay a big chunk of it now, rather than dribble out in $ taken out of your paycheck, they will usually cut you some slack.  

2. Fight the case in court.  You will almost certainly lose.  Then you are on the hook for everything, UNLESS you were able to negotiate before the judgment.  You may or may not be able to get a better result than in #1.  

3.  Take it to arbitration.  At this point it costs them more $$$$$$$ to fight it than they could get from you.  They might fight to the bitter end, then you are in the same position as above, only it takes longer.  

     3.a  SOMETIMES they walk away from it, and don't pursue in arbitration.  Most of the time they won't, but sometimes you get lucky.  I've had that happen with an OC, once, but that was a special case where there were a ton of counterclaims and things weren't looking that good for them.  

    3. b. OFTEN they are willing to negotiate at the very beginning.  I have had that happen as well.  Because of some violations, I got a better deal than what you could probably get, but you might be able to get a better deal this way than with #1 or #2

     3. c. OFTEN they will fight for a while, and give in to your settlement offer later on in the course of the arbitration.  This has happened to me as well.  I had to fight it out forever, and it looked like they would NEVER agree to a settlement, but they did.  For various reasons involving things either the OC or the attorney did to mess up the case before arbitration, I got what is probably a much better deal than what you could get.

    3. d. SOMETIMES you have valid counterclaims.  If this happens, you can OFTEN get a better settlement than if there were no counterclaims.  I gather they are less scared of counterclaims now than in the past.  Pity.  I got some really good settlements with counterclaims, including one where I was the one who got $$$$, not them.  

    3. e. SOMETIMES they will just fight it out to the bitter end to teach you a lesson, and to discourage people from arbitration.  This happens.  If it does, you are in about the same boat as if you fought it in court, but anywhere from a few months to more than a year down the road.  This can buy you some time to get some money together.  

Link to comment
Share on other sites

 Are you in any sort of position to try to settle this? They probably won't go lower than 50%.

I can't recall ever seeing a case here where synchrony sued. They've always been synchrony as the OC but sold to Midland or whoever that does the suing. To that end, you'll probably lose equally in court or arbitration, should they follow you in. The one nice thing about the synchrony agreements is they provide that you will not be required to pay any arbitration fees. The amount they are suing you for is right about what they would have to pay on a standard arbitration case, making it a zero sum game for them.   You would be our guinea pig should you decide to try to arbitrate with them. 😃

Link to comment
Share on other sites

59 minutes ago, Harry Seaward said:

 Are you in any sort of position to try to settle this? They probably won't go lower than 50%.

I can't recall ever seeing a case here where synchrony sued. They've always been synchrony as the OC but sold to Midland or whoever that does the suing. To that end, you'll probably lose equally in court or arbitration, should they follow you in. The one nice thing about the synchrony agreements is they provide that you will not be required to pay any arbitration fees. The amount they are suing you for is right about what they would have to pay on a standard arbitration case, making it a zero sum game for them.   You would be our guinea pig should you decide to try to arbitrate with them. 😃

Not if they expect me to pay that 50% right up front. The most I would be able to comfortably afford is $100 a month since I'm paying $2300 a month for my graduate program in which I graduate in three months; I'm barely scraping by making that payment.

Do you think I'll get the best settlement before or after the arbitration? Do you think they'll more likely give a better offer when they hear I am going that route?

Link to comment
Share on other sites

32 minutes ago, equalme said:

Do you think I'll get the best settlement before or after the arbitration? Do you think they'll more likely give a better offer when they hear I am going that route?

As I said before, I've not seen synchrony sue on their own paper yet, so I have no idea what they will do. In a vacuum it makes the most sense for them to walk away from your debt when you demand arbitration. The problem is they have deep pockets and a lot of unsecured debt floating around out there, and if word gets out that they will fold instead of arbitrate, they could lose a fortune in the long term if they don't take it in the shorts to make an example in a handful of cases early on. 

We know Cap1, Citi,  Discover, etc will follow into arb because they sent that message right up front. Plus Cap1, Discover and AMEX never sell their debts. The fact that synchrony has a history of selling vs. suing could indicate a more pragmatic 'less is more' kind of attitude. On the other hand, the fact they are suing you on a relatively small debt could mean they are having second thoughts on their traditional business model. 

I wasn't kidding about you having the honors of being our Synchrony test case. 

Link to comment
Share on other sites

3 hours ago, upcycleliving said:

The reason Citibank, AMEX, and Cap1 follow you into arbitration is that they have deals to get heavy discounts on arbitration fees.

As I told you before, if this were true it would mean huge penalties for both the arbitration companies and businesses. The fee structure is clearly laid out in the rules of both AAA and JAMS.

If you have some verifiable source, let's have it. Otherwise, stop spreading this nonsense. 

  • Like 1
Link to comment
Share on other sites

5 minutes ago, Harry Seaward said:

As I told you before, if this were true it would mean huge penalties for both the arbitration companies and businesses. The fee structure is clearly laid out in the rules of both AAA and JAMS.

If you have some verifiable source, let's have it. Otherwise, stop spreading this nonsense. 

You hit nail on the head here. Absolutely zero truth to a discount.  

Discover and Amex don’t sell their debts, but capital one certainly does. 

 

Link to comment
Share on other sites

5 minutes ago, Harry Seaward said:

I know they sold (or maybe bought?) some in good standing to other OCs like Citi, or something like that, but I've never seen a single Cap1 debt sold post-default to a JDB. 

A lot of creditors I believe will reduce the amount they sell with new tax laws/accounting laws. 

Capital One sells a ton to PRA, midland to name a couple. Buddy of mine just had his sold to PRA. 

 

Link to comment
Share on other sites

3 minutes ago, Harry Seaward said:

Capital One or Credit One?  In a quick search I couldn't find one case on the board here of someone being sued by a JDB on a Cap1 debt.

Capital one. I did quick google search. Found this for this forum. It’s a bit older but other forums have more recent examples.  

 

Link to comment
Share on other sites

7 hours ago, upcycleliving said:

A guy I talk to who is a consumer protection attorney that has tried cases in arbitration told me that the big companies have long term contracts with the arbitration companies where they negotiate a rate.

This is not a verifiable source. Furthermore, if that attorney actually believed what you say he told you, he should have filled complaints with the CFPB and FTC.

  • Like 1
Link to comment
Share on other sites

10 hours ago, upcycleliving said:

A guy I talk to who is a consumer protection attorney that has tried cases in arbitration told me that the big companies have long term contracts with the arbitration companies where they negotiate a rate.

I agree with @Harry Seawardthat it's not a verifiable source.  

Even if the attorney was correct, it doesn't cover the cost of the arbitrators who charge by the hour.

Banks don't care about the cost because they can afford it, and more than likely, their legal fees are tax deductible because those fees part of the cost of doing business.

  • Like 1
Link to comment
Share on other sites

34 minutes ago, BV80 said:

Banks don't care about the cost because they can afford it, and more than likely, their legal fees are tax deductible because those fees part of the cost of doing business.

On top of that, they want to prevent consumers from using arbitration to start an open season on banks. If there's any conspiracy here, it's that among the banks with arbitration clauses. 

Link to comment
Share on other sites

6 hours ago, Harry Seaward said:

On top of that, they want to prevent consumers from using arbitration to start an open season on banks. If there's any conspiracy here, it's that among the banks with arbitration clauses. 

Again this is ridiculous. I guarantee you that the judge who handled my case had never seen a motion to compel arbitration in a JDB case. I've gone through thousands of cases in my county filed by Midland, Calvary, LNVN, PRA and I couldn't find a single case where somebody filed a MTC and only found 2 cases out of thousands where the JDB threw in the towel. Almost every case that didn't get settled was either a default judgment, consent judgment, or motion for summary judgment.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...