helpinWI Posted March 11, 2019 Report Share Posted March 11, 2019 I've read over the forums for a couple hours and found the arbitration option. I have and had 4 - 5 year old debts (most of it I paid off a couple years ago before I knew there were other options) one of which, Gurstel is coming after. I am wondering if I should try to settle this debt, but then again, it is SO OLD and I really don't want to. I work for myself, so I have a lot of time, I somewhat understand the courts, how to look up statutes and how to file, just enough to be dangerous! Any help is appreciated! I found this on another post and thought it might be helpful to anyone responding: 1. Who is the named plaintiff in the suit? I have not been served yet, but on Gurstels' paperwork current creditor is Cavalry SPV I, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Gurstel Law Firm 3. How much are you being sued for? $1621.83 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank 5. How do you know you are being sued? (You were served, right?) not being sued yet, had first contact from Gurstel two weeks ago via mail. 6. How were you served? (Mail, In person, Notice on door) not served yet 7. Was the service legal as required by your state? yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Notice they had the debt, I sent a letter requesting them to prove it and they sent my agreement with Synchrony and a final statement and the Bill of Sale of the debt. 9. What state and county do you live in? Wisconsin 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) At least 4 years, possibly more, it has not hit SOL yet. 11. What is the SOL on the debt? To find out: 6 years 12. What is the status of your case? Suit served? Motions filed? no legal action yet, junk debt is with a law firm, that's it 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? Yes, I have their return letter with statement dated 4/5/2015, I stopped paying on this well before 2015. 15. How long do you have to respond to the suit? do not have suit yet 16. What evidence did they send with the summons? no suit yet Quote Link to comment Share on other sites More sharing options...
Goody_Ouchless Posted March 11, 2019 Report Share Posted March 11, 2019 Synchrony has the best arbitration clause, so just wait. If they sue, we will help you file a motion to compel arbitration and they will fold. 2 Quote Link to comment Share on other sites More sharing options...
helpinWI Posted March 12, 2019 Author Report Share Posted March 12, 2019 Goody, Thank you, I am hoping they won't but the firm has a history of suing, so the Internet says. I did read the clause the law firm sent over in the copies of my original agreement with Synchrony. So you are saying, no contact with the law firm or Cavalry? I have only contacted them once through mail to request proof of ownership and the original contract. Thank you for the help. I have wondered also, when counting the SOL, I have heard that it is from the last date of payment, I have tried to research the statute in my state, but can't find specific wording on that. Is there a general rule for that timing? I've found on some attorney's sites that if you pay the debt in WI it starts the clock over, but then some posts here say that it does not and only a new written agreement starts the toll over. I know that I am closer the SOL expiring than not, so this is important for me. I have paid most of the large debt from 4-5 years ago but I have maybe one or two larger ones out there haunting me, I quit paying them all at the same time, so I want to set up a calendar for when they all expire. I am so looking forward to the SOL expiring for all this old debt. In WI, and we are only one of two states that has this, so the Internet says, that if anyone sues me over 6 years they are in violation. There is a statute, I forget what is says now... Thank you for all given help and future help! Quote Link to comment Share on other sites More sharing options...
helpinWI Posted March 12, 2019 Author Report Share Posted March 12, 2019 I don't want to jump the gun nor do I wan to file too late. I've seen a post where someone stated that filing for arb is to be done after you receive a letter from a local attorney. Is this true? Or do I wait for the case to pop up or when I am served? This is my first time I will arb and I want to to it to the letter. Quote Link to comment Share on other sites More sharing options...
nobk4me Posted March 12, 2019 Report Share Posted March 12, 2019 5 hours ago, helpinWI said: I don't want to jump the gun nor do I wan to file too late. I've seen a post where someone stated that filing for arb is to be done after you receive a letter from a local attorney. Is this true? Or do I wait for the case to pop up or when I am served? This is my first time I will arb and I want to to it to the letter. Wait until they sue you and you are served. Then answer the lawsuit and file the MTC Arb. Hold off on filing for arbitration with JAMS or AAA, until the MTC Arb is granted. Chances are you won't even have to file with an arb forum, as the JDB is likely to dismiss the case after the motion is granted. 1 Quote Link to comment Share on other sites More sharing options...
helpinWI Posted March 14, 2019 Author Report Share Posted March 14, 2019 Okay, will concentrate on life until that happens. Sigh, 1.5 years and all the rest of the old debt will be SOL. thankfully! Quote Link to comment Share on other sites More sharing options...
helpinWI Posted April 11, 2019 Author Report Share Posted April 11, 2019 I just noticed they filed online. I am now looking up the rules of court for filing my answer. I am reading through @fisthardcheese post on arb overview. Any help on my first steps? Quote Link to comment Share on other sites More sharing options...
helpinWI Posted April 11, 2019 Author Report Share Posted April 11, 2019 Do the statutes for Challenges to Improper Venue or Venue statues come into play or do ignore those rules and just file this portion in my answer? " “Lack of Subject Matter Jurisdiction – The underlying contract contains a private arbitration clause which the Defendant has elected to exercise. Therefore, This Court does not have jurisdiction to hear this matter”. " Quote Link to comment Share on other sites More sharing options...
helpinWI Posted April 11, 2019 Author Report Share Posted April 11, 2019 I have the following forms ready: Answer (will I include the MTC with this? I assume so.) Declaration of Nonmilitary Service Affidavit of Mailing Affidavit (filing with answer and copy of the OC agreement with arb clause) Where in the answer will I ask the JDB to pay for arb? The synchrony agreement states specifically that I have to ask. Quote Link to comment Share on other sites More sharing options...
helpinWI Posted April 11, 2019 Author Report Share Posted April 11, 2019 @nobk4me @Goody_Ouchless Can you help when you have time? Thanks! Quote Link to comment Share on other sites More sharing options...
nobk4me Posted April 11, 2019 Report Share Posted April 11, 2019 Have you been served yet? Hold off on asking the JDB to pay for arb, until the MTC Arb is granted. 1 Quote Link to comment Share on other sites More sharing options...
helpinWI Posted April 11, 2019 Author Report Share Posted April 11, 2019 No, it was filed on the 8th. I saw it online on court case search. I have to file an answer by April 25th. I've been out of town, so I am expecting a server. I hope they don't serve me I'll file a dismissal. Quote Link to comment Share on other sites More sharing options...
nobk4me Posted April 11, 2019 Report Share Posted April 11, 2019 IF you haven't been served yet, how can you have a deadline to answer by April 25? Service of the lawsuit is usually what starts the clock on filing an answer. Quote Link to comment Share on other sites More sharing options...
helpinWI Posted April 11, 2019 Author Report Share Posted April 11, 2019 8 biz days before the court date. WI law to file a small claims answer. Quote Link to comment Share on other sites More sharing options...
helpinWI Posted April 11, 2019 Author Report Share Posted April 11, 2019 So I need to get my s*** together, answer, aff, aff of service ad MTC. I assume? Quote Link to comment Share on other sites More sharing options...
nobk4me Posted April 11, 2019 Report Share Posted April 11, 2019 I guess I don't understand Wisconsin law - again, the usual sequence is they sue you, they serve you, then you answer. If they never serve you, you don't need to answer. Nor file a dismissal. Service is the act all the rest hinges on. How can you respond to something you (allegedly) don't know about? (They don't know you saw it online). Quote Link to comment Share on other sites More sharing options...
helpinWI Posted April 11, 2019 Author Report Share Posted April 11, 2019 I realize that they have not served me. It was filed on Monday, I just came back in town last night. I am sure they have tried to. No one was home during day hours here at my home. I calculated the date from the pre-judgement rules of service. "Not less than 8 business days before the hearing date." I understand that if there is no service, I technically don't know of it. But would they wait until the last day they can legally serve me to lessen the time I would have to prepare, hence me looking online and seeing they have sued me, and therefor, now, starting to prepare. I know the service will come today or tomorrow. Would you be willing to take a look at what I put together? I'm not sure you want to help me? You seem a bit hostile. Quote Link to comment Share on other sites More sharing options...
nobk4me Posted April 11, 2019 Report Share Posted April 11, 2019 Yes, I am willing to help you. Sorry if I sound hostile, that was not the intent. It's just that your timeline is not making sense to me. It is good that you are being proactive, keeping track online, and preparing in advance. Keep in mind that I am in Ohio, and am not familiar with Wisconsin law. Quote Link to comment Share on other sites More sharing options...
helpinWI Posted April 11, 2019 Author Report Share Posted April 11, 2019 Oh, I see. Okay well, I will prepare and patiently await a pound on my door. I hope I get it right and it works like so many have said it does. It is synchrony so I feel I may be in luck. I also researched this law firm, total dirtiest dirtballs of the JDB law firms. Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted April 11, 2019 Report Share Posted April 11, 2019 The Wisconsin law for small claims is: A court date is usually set at the time of filing, BUT they have to serve you before the date. There are several ways to legally serve you for small claims court. 1. They can pay for the sherrif's office to serve you. 2. They can have a process server serve you. 3. If they cannot serve you, there are alternate ways of doing it. I can't remember exactly what they are, but they include either publishing it in a newspaper and mailing the claim to you, or else there are other ways they can deliver the service to you either in mail or at your home. Every case is listed online. You can easily look up the status of your case at any time. If they claim you were served, it will be in the court records online. So if the online records don't say you were served, and you weren't served, as far as the court is concerned, you were never served. One thing about small claims court in Wisconsin: Bad news: the magistrates often don't understand the law. Good news: if you don't like the decision, you can appeal the case to Circuit Court, and get the case heard before a real judge. You don't need any grounds for appeal. You just have to file, and the case is heard ab initio. There was a case on CIC not long ago in which somebody filed an MTC, and had that rejected by the magistrate. The magistrate ruled against him (or was it her? I can't remember). Anyway, s/he appealed to Circuit Court, and the real judge granted her MTC. S/he won. I hope that helps. 1 Quote Link to comment Share on other sites More sharing options...
Goody_Ouchless Posted April 11, 2019 Report Share Posted April 11, 2019 If I'm not mistaken, Synchrony clause has language that states they will pay "if a Motion to Compel exists." BK is right - get MTC granted, before demanding payment - but they will fold then, anyway. 1 Quote Link to comment Share on other sites More sharing options...
helpinWI Posted April 11, 2019 Author Report Share Posted April 11, 2019 I read about that exact case here when I first started researching and you bet your a$$ I will be doing that if the mag is ignorant. Quote Link to comment Share on other sites More sharing options...
helpinWI Posted April 11, 2019 Author Report Share Posted April 11, 2019 Thanks @Goody_Ouchless it is nice to have support here. I am glad I found this forum when they first sent the "we might sue you" letter. ❤️ Quote Link to comment Share on other sites More sharing options...
Goody_Ouchless Posted April 11, 2019 Report Share Posted April 11, 2019 Ha - you did the right thing. You see that thread from the other night where they said "Hi - I have court tomorrow morning, where do I start?" Quote Link to comment Share on other sites More sharing options...
helpinWI Posted April 11, 2019 Author Report Share Posted April 11, 2019 GOOD GOD! @Goody_Ouchless ? Quote Link to comment Share on other sites More sharing options...
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