Upward_Bound

PLEASE I REALLY NEED HELP HERE!!!!!

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The attached Credit One Bank credit card statement shows a balance owed of $417.38. This statement asks for a minimum payment of $75. The cause of action of this lawsuit is on an account stated for an alleged agreed-to balance of $688.76. Where is the statement for $688.76 that you either agreed to as correct or failed to timely dispute?

Did you submit an affidavit denying the account stated with your answer? If not, if I were in your shoes, I'd go the arbitration route. This may entail filing an amended answer with an agreement to arbitrate as an affirmative defense, along with a motion to compel arbitration. 

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2 hours ago, Brotherskeeper said:

If not, if I were in your shoes, I'd go the arbitration route. This may entail filing an amended answer with an agreement to arbitrate as an affirmative defense, along with a motion to compel arbitration. 

They can try but Credit One has a carve out for small claims cases.  The motion might slide through but there better be a back up plan.

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@Upward_Bound is being sued in district court, not in the small claims division, according to the complaint in the link. 

"600.8408 Parties; representation; request for trial before district court judge; removal; waiver.
Sec. 8408.

(1) An attorney at law, except on the attorney's own behalf, a collection agency or agent or employee of a collection agency, or a person other than the plaintiff and defendant, except as is otherwise provided in this chapter, shall not take part in the filing, prosecution, or defense of litigation in the small claims division.

(2) A sole proprietorship, partnership, or corporation as plaintiff or defendant may be represented by an officer or employee who has direct and personal knowledge of facts in dispute. If the officer or employee who has direct and personal knowledge of facts in dispute is no longer employed by the defendant or plaintiff or is medically unavailable, the representation may be made by that person's supervisor, or by the sole proprietor, a partner, or an officer or a member of the board of directors of a corporation..."

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On 10/16/2018 at 1:24 PM, Clydesmom said:

They can try but Credit One has a carve out for small claims cases.  The motion might slide through but there better be a back up plan.

In Michigan it is in District Court - NOT SMALL CLAIMS. I called and asked, they said lawyers are not allowed in small claims, so they are forced to file in DISTRICT court.

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On 10/16/2018 at 10:51 AM, Brotherskeeper said:

The attached Credit One Bank credit card statement shows a balance owed of $417.38. This statement asks for a minimum payment of $75. The cause of action of this lawsuit is on an account stated for an alleged agreed-to balance of $688.76. Where is the statement for $688.76 that you either agreed to as correct or failed to timely dispute?

Did you submit an affidavit denying the account stated with your answer? If not, if I were in your shoes, I'd go the arbitration route. This may entail filing an amended answer with an agreement to arbitrate as an affirmative defense, along with a motion to compel arbitration. 

That is what I was thinking too, but who would be responsible for the arbitration fees? Me or the JDB?

Also, if that is denied and I go to trail, and lose, am I responsible for all their attorney fees? Is it better to settle?

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12 hours ago, Upward_Bound said:

That is what I was thinking too, but who would be responsible for the arbitration fees? Me or the JDB?

Read the arb "Costs" section of the Credit One agreement you've posted. It states that whoever files the arb demand pays. I believe it states that AAA is the chosen forum. It further states, if you seek and qualify for under AAA consumer rules, you may have the filing fee waived. Incidentally, you may qualify for financial hardship in your court as well. American Arbitration Assn Consumer Section  Read fisthardcheese's pinned thread on arbitration if you haven't done so. 

12 hours ago, Upward_Bound said:

Also, if that is denied and I go to trail, and lose, am I responsible for all their attorney fees? Is it better to settle?

I am not a lawyer or a fortune-teller. I think Midland would file a motion for summary dispostion rather than go to trial. You have many opportunities along the way to settle. Obviously, some points may offer you more or less leverage. 

You have posted important information across many threads. This makes it very difficult for helpers to understand the specifics of your case. 

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15 hours ago, Upward_Bound said:

Also, if that is denied and I go to trail, and lose, am I responsible for all their attorney fees?

Almost certainly. The credit card agreement spells out who bears what costs in a lawsuit, and I've never seen one that doesn't provide the losing defendant pay. 

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3 hours ago, Harry Seaward said:

Almost certainly. The credit card agreement spells out who bears what costs in a lawsuit, and I've never seen one that doesn't provide the losing defendant pay. 

It also depends on state law.  Ohio prohibits making consumers pay attorney fees.  I don't know what the case is for Michigan.  Typically the losing party has to pay "costs," which means court fees.

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