gnat91 Posted November 1, 2018 Report Share Posted November 1, 2018 Looking for a litle help. I've been scanning the boards but havn't been able to find a post similar to my situation. Portfoilio is suing me for an amount of 700.00. Now, I've read posts about arbitration and others about defending in court. I'm looking for a littel advice about my situation. The first problem I have is that I don't remember ever owning the account they are suing me for. According to the complaint they sent me the credit card was issued through Syncrony bank. Now I've read threads on this board that Syncony bank has one of the best arbitration clauses, But is it really worth it to try to go that rout if I can't remeber ever having this account? If I opt for arbitartion in court wouldn't that be an admission that I actualy owned this account? I havent answerd the summons yet as I guess, Florida law states I just have to show up for a pre-trial confernce. Anyone have any advice about how I should go about doing this? Any thing I should or should not say in this pre-trial? I don't want to just roll over at trial not knowing if the account is even mine. Any help would be greatly appreciated. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted November 1, 2018 Report Share Posted November 1, 2018 56 minutes ago, gnat91 said: The first problem I have is that I don't remember ever owning the account they are suing me for. Synchrony under writes store cards like Lowes, Victoria Secret, Dicks Sporting Goods etc. Ever have one of those? 57 minutes ago, gnat91 said: Now I've read threads on this board that Syncony bank has one of the best arbitration clauses, But is it really worth it to try to go that rout if I can't remeber ever having this account? Yes. 57 minutes ago, gnat91 said: If I opt for arbitartion in court wouldn't that be an admission that I actualy owned this account? That is one route. The other is the Plaintiff has to produce a card agreement and you can reference the card agreement that belongs to the alleged account in the complaint as filed. 58 minutes ago, gnat91 said: Florida law states I just have to show up for a pre-trial confernce. Anyone have any advice about how I should go about doing this? Show up and don't admit or agree to anything other than arbitration in JAMS. 58 minutes ago, gnat91 said: Any thing I should or should not say in this pre-trial? Don't say you had the account and owe the debt! Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted November 1, 2018 Report Share Posted November 1, 2018 2 hours ago, Clydesmom said: Don't say you had the account and owe the debt! This is important. If you admit you had the card, or you might've had the card, then you are likely sunk. Quote Link to comment Share on other sites More sharing options...
gnat91 Posted November 1, 2018 Author Report Share Posted November 1, 2018 I appreciate the info. So, attached to the summons is a copy of a Amazon bill with a amount owned and late payments and interest. I has my name and address. I forgot to include that in my first post. So now I'm wondering what's going on so I pull my credit report. It is on my credit report but the original creditor lists a charge off amount of 500.00 . Portfolio is suing me for the amount stated on the Amazon billing statement. 700.00. I'm thinking it was a family member that opened this in my name... Can't be sure but that's the feeling I'm getting. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted November 1, 2018 Report Share Posted November 1, 2018 1 hour ago, gnat91 said: I'm thinking it was a family member that opened this in my name... Sure enough that you would file and identity theft report and police report? The problem with it being identity theft (and the reason relatives do this to family) is because you have to turn that family member in. Family counts on the victim not wanting to cause ill will and not prosecuting. If you are confident you did not open the account I would file the FACTA identity theft and a police report and assert identity theft as my affirmative defense. Quote Link to comment Share on other sites More sharing options...
gnat91 Posted November 1, 2018 Author Report Share Posted November 1, 2018 I appreciate the help but, I'm not gonna do that over 700. But I still wanna fight this. So do you think court or arbitration would be the better solution? Quote Link to comment Share on other sites More sharing options...
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