rprzeracki

Being sued by Javitch and Block please help

11 posts in this topic

Hello I’m new to this forum and I’m searching for help on my civil case. I’m being sued by Javitch and Block who are representing portfolio recovery which the OC is synchrony bank or sams club. I haven’t signed for the mail from the courts yet but I can see they have opened a case against me on my county website. I’m clueless as to how to go about this as this is my first time dealing with a civil suit against me. I’ve read some things on arbitrating my case but I’m unsure what I should do. Please help!!! I live in Ohio btw. 

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Thanks for your response Harry. I’ve read the attachment and now I’m wondering do I sign for the court papers or do I file the motion to arbitrate first? I’ve never had to do this so I’ll have a lot of questions. I appreciate all feedback and help along the way. I realize it’s time sensitive and I’m stressing out about it. If I do arbitrate does that mean I’ll have to pay a lump sum in the end or will I be able to make payments on it. Please help with step by step process as to what I should do. I am in Geauga County Ohio. My debt is last paid on December of 2016 and I owe 4100.00. I have nothing in my name like a home or anything except a 1994 car with salvage title. Thanks again Harry. 

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I would never start arbitration before you are served the papers. Things tend to get messy otherwise. 

There's nothing to pay, except the $200 AAA filing fee. Portfolio will dismiss the lawsuit as soon as the motion to compel arbitration is granted and you pay the $200 fee to initiate arbitration. 

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6 minutes ago, rprzeracki said:

Thanks again Harry. Where do I get the forms to file to compel arbitration? 

There are not pre-printed forms for a MTC.  You have to draft a motion and submit it to the court.  There are examples on the forum here that can be modified for your court's style and format.

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Here it is, step by step.

1.  Wait until you are served.  The court is probably sending the summons by certified mail.  You could sign for it, or gain a little more time by not claiming the certified mail (don't answer the door when the mail carrier comes, and don't go to the post office to pick it up).  Then the court will send the summons by regular mail.  After you served, you will have 28 days in which to answer the lawsuit.

2.  File your answer.  I would just deny all their claims, except your name and address, and include an affirmative defense, that the court lacks jurisdiction due to a binding arbitration clause in the cardmember agreement.

3.  File the MTC Arb.  Samples are in this link:  

 

 

And, if you post a draft here, we can help you with it.  Also, look up posts by MikeB35, on his fight in Ohio - examples are there as well.

4.  Wait and see what the JDB, and the court will do.  The plaintiff might dismiss.  Or they might file a response to your motion.  The court may hold a motion hearing.  But, the ultimate result is the motion will probably be granted (95% + probability - the law favors arb).

5.  Do not file a case in JAMS or AAA until the arb motion has been granted.  See what the court says - they might require you to file the arbitration.  If so, do it.  But, there is case law in Ohio that the plaintiff is responsible for filing the arbitration (Capital One v. Rotman).

______________

Most probable outcome using this strategy:  Your MTC Arb is granted, the case is stayed, the JDB dismisses the case, and you pay them NOTHING.  This strategy works.  I used it, and paid the JDB $0!

 

 

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Awesome, thank you nobk4me. I will follow the steps once I get served regular mail. They tried to serve me again today but I was at work. I’ll be watching the mail and keeping this thread updated. I really appreciate everyone’s help. I’m so nervous as to if I’m going to do all of this the right way but it’s my only option as of now. You guys are all a blessing to me!

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3 hours ago, nobk4me said:

5.  Do not file a case in JAMS or AAA until the arb motion has been granted.

One caveat to this step. We have seen JDBs argue the MTC should be denied because the defendant (you) have not initiated arbitration, and we've seen courts hold over a ruling on a MTC until arbitration is initiated.  The JDBs argument fails because the arb initiation fee is non-refundable, so it's illogical to pay it before the court has ruled on the MTC. The second scenario is not really 'proper', in that the court is supposed to grant the MTC when there is an agreement to arbitrate, but in that case, i would go ahead and pay the fee since it's pretty clear the court wants to grant the MTC.

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On 2/12/2019 at 6:27 PM, rprzeracki said:

Awesome, thank you nobk4me. I will follow the steps once I get served regular mail. They tried to serve me again today but I was at work. I’ll be watching the mail and keeping this thread updated. I really appreciate everyone’s help. I’m so nervous as to if I’m going to do all of this the right way but it’s my only option as of now. You guys are all a blessing to me!

And if you have questions or concerns, post them here.   People will help you.

I might add a couple of things to my previous post.  File the answer first, and the MTC Arb soon after.  I wouldn't delay on that.  The sooner the court, and the plaintiff, see there is a jurisdictional issue, the better.

It's possible the plaintiff, after you file the answer, will send you discovery, meaning, interrogatories, requests for admissions, requests for production of documents.  The proper way to deal with these, if you are using the arbitration strategy, is to object to all of them, on the basis that you are pursuing arbitration, and the scope of discovery is to be determined by the arb forum.

And:  keep a watch on the court case through the court's online record search.  You don't want to be caught by surprise by anything.

 

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