Deadsnake

Received a lawsuit from JH portfolio in Arizona

32 posts in this topic

1 minute ago, Harry Seaward said:

They have gone to the court to say that they have tried to serve you, and have not been able to. The court gave them permission to use "alternative service", which usually means sending you the summons and complaint via regular mail. The court considers you "served" 5 days after the letter is sent, and your 20 days to respond begins at that time. I wouldn't wait the 20 + 5 though. No more than 20.

It depends on what you want to do based on what we have talked about earlier in this thread. 

Got it, so if I read correctly I have to send a letter requesting arbitration along with a copy of the credit card agreement. 

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If your plan is to use arbitration....

On 8/1/2018 at 8:48 AM, Harry Seaward said:

So just sit tight until you are served. When that happens:

 1. file an answer denying everything.

2. Send a letter to the lawyer for JH telling them you elect arbitration to settle their claims against you. 

3. File a MTC with the court. Include a copy of the letter you sent JH and the Citi agreement along with an affidavit swearing under oath (it must be a notarized "jurat" affidavit) that the attached agreement is the correct one for the account at issue. 

 

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Harry, just so I am understanding correctly. The letter was delivered today so I'm trying to get everything into motion. First things first, only thing I should be doing now is writing a formal response to the courts denying such claims? If so, do you have an example of what that should look like? Also, in the letter to the JH lawyer, outside of me informing them I choose legal arbitration, what else should I mention?

 

Thank you so much for your continued help 

 

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On 10/20/2018 at 9:07 PM, Harry Seaward said:

If your plan is to use arbitration....

 

Okay so, I was able to obtain an answer for from the courts website, I filled it out denying the claim. Do I file this along with the MTC at the same time or is there a waiting period after I submit the answer? The answer form I'm submitting, I stated I would like for the case to be settled via arbitration. Would that suffice as a letter being sent to the JH lawyers?

 

Thanks!!

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It depends on how it's worded in your agreement. Usually they say you have to give them notice at a mailing address that they provide. Since the debt has been sold, that address is irrelevant so you would send it to the law firm representing the plaintiff. Some agreements say the filing of the motion in court is considered notice. A few days ago somebody here said the plaintiff complained to the court that they didn't receive written notice of the arbitration demand before the motion was filed. I haven't ever seen it come up before that instance, and it has never been a problem for the courts. I guess to be on the safe side, follow the directions in your agreement.

As far as timing of the motion, you can file the motion at the same time as the answer or within a few days after. You want to minimize the chance of them coming back at you with an MSJ before you file the MTC.

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On 11/7/2018 at 7:03 PM, Harry Seaward said:

It depends on how it's worded in your agreement. Usually they say you have to give them notice at a mailing address that they provide. Since the debt has been sold, that address is irrelevant so you would send it to the law firm representing the plaintiff. Some agreements say the filing of the motion in court is considered notice. A few days ago somebody here said the plaintiff complained to the court that they didn't receive written notice of the arbitration demand before the motion was filed. I haven't ever seen it come up before that instance, and it has never been a problem for the courts. I guess to be on the safe side, follow the directions in your agreement.

As far as timing of the motion, you can file the motion at the same time as the answer or within a few days after. You want to minimize the chance of them coming back at you with an MSJ before you file the MTC.

Quick update. Tried resolving case directly with the lawfirm representing JH Portfolio. I offered 50% of the total balance with 50% of that paid up front. They would not budge and they were only willing to go to 70%. I now have two options, file an answer with the court and proceed with arbitration or hire a lawyer to see if he can settle out of court for a lesser amount. Thankfully, I have an extension till 12/23. I'm just not sure what the best coruse of action is 

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