helpinWI

JDB Cavalry SPV, Law Firm Gustel - Not Sued Yet

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Also, any help on citing WI arb cases? I can look them up, but I thought if anyone knows any off-hand, it would be greatly appreciated!!!

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4 hours ago, helpinWI said:

Attempted service but I was at work. I am getting paperwork together starting today. I am sure he will be back on Saturday. My boyfriend told me service guy was cursing up a storm when bf asked him what it was about. My bf's young son was within ear shot. CLASSY GUY!

After service to me, I will file the answer and MTC with the clerk and send certified-return receipt to attorney.

One question. Do I need to send a letter requesting arb and that they (attorney) pay for it (as in my contract) along with the answer and motion?

I noticed @fisthardcheese mentioned this in her sample MTC.

Thanks all!

 

I don't think you need to send a separate letter to the attorney, as the MTC should cover that.  But you might double-check the arb clause to see if there are any special steps you need to take.  I would hold off on asking the plaintiff to pay until the MTC arb is granted.

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I assume the portion that says "The party who wants to arbitrate must notify the party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in a lawsuit. Otherwise, you notice must be sent to Synchrony Bank..." is now speaking to the JDB's attorney, correct?

I am going to put a cover letter when I serve them papers that simply state I am requesting arbitration. Just to cover myself. I won't mention anything else. I just don't need that coming back to me.

Good idea, bad idea? Do the court papers cover this?

 

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24 minutes ago, helpinWI said:

I assume the portion that says "The party who wants to arbitrate must notify the party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in a lawsuit. Otherwise, you notice must be sent to Synchrony Bank..." is now speaking to the JDB's attorney, correct?

I am going to put a cover letter when I serve them papers that simply state I am requesting arbitration. Just to cover myself. I won't mention anything else. I just don't need that coming back to me.

Good idea, bad idea? Do the court papers cover this?

Yes, Synchrony is now out of the picture, the JDB has taken its place, and you need to send the letter to the JDB attorney.  A cover letter is good, along with the MTC Arb.

Edited to add:  make sure your letter says you are requesting private contractual arbitration.  (You don't want them to think you want court-sponsored arb.)

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On 4/18/2019 at 10:34 AM, helpinWI said:

Also, any help on citing WI arb cases? I can look them up, but I thought if anyone knows any off-hand, it would be greatly appreciated!!!

There is nothing that would make any difference at this point.  The Federal cases should work.  It is extremely rare for someone to be denied arbitration in Wisconsin.

There ARE some state cases I know about which ONLY come into play AFTER arbitration and when they are trying to confirm an award, but those cases may have been superceded by the US Supreme Court decision.

 

In other words, just use the Federal case law now. 

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Monday (tomorrow) will be 8 business days until the court date. (Wisconsin limit for service before court.)

I have no service, I have been looking online to see if they filed any other documents (service, or otherwise) and they have not. (Service was attempted once, the server came to my door when I was at work, didn't leave with my partner, was completely unprofessional swearing up a storm...)

So do I have my answer and MTC ready for court and show up?

Do I file my answer and MTC without the complaint being served to me?

If I ignore the court date, I am sure the commissioner (that is what they are called here vs. mag) will grant the judgement to move court along...

What is my best plan with these circumstances?

 

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QUESTION FROM AN OLD CASE.

I had a case 4 years ago in small claims and I just noticed they filed the affidavit of non-service 3 months after the court case/judgement???

That seems really shady. Is that normal? This was a judgement, I didn't go to court, I paid it in full. Didn't know I had other options back then.

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5 hours ago, helpinWI said:

QUESTION FROM AN OLD CASE.

I had a case 4 years ago in small claims and I just noticed they filed the affidavit of non-service 3 months after the court case/judgement???

That seems really shady. Is that normal? This was a judgement, I didn't go to court, I paid it in full. Didn't know I had other options back then.

Are they saying they never served you but somehow got a judgement?  Could this non-service have something to do with a debtor's exam hearing?

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@fisthardcheese I'm not sure, this is an old case not the one that has a court date coming up. I was looking through court records and I stumbled upon this case from 2015. They bullied me hard, I paid it all off. But I was curious, I don't think it is customary to file an Affidavit of Non-Service months after a judgement! That seems odd, unless I don't know of a rule or something. It just seems slimy.

 

What do you think I should do on this case coming up? Please help. They have not served me, was attemped once, this Monday marks 8 days until court. I'm not sure what move to make.

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13 hours ago, helpinWI said:

@fisthardcheese I'm not sure, this is an old case not the one that has a court date coming up. I was looking through court records and I stumbled upon this case from 2015. They bullied me hard, I paid it all off. But I was curious, I don't think it is customary to file an Affidavit of Non-Service months after a judgement! That seems odd, unless I don't know of a rule or something. It just seems slimy.

 

What do you think I should do on this case coming up? Please help. They have not served me, was attemped once, this Monday marks 8 days until court. I'm not sure what move to make.

You have not been served, so I don't know how they expect you to be in court next week.

I would get a copy of the non-service in that other case and see if it wasn't supposed to be filed in this current case.  It sounds like perhaps the clerk filed it in the wrong case file.  Or perhaps the JDB conveniently "mistook" it for the other case number.

I don't understand how you can be required to appear in court without first being served, so I wouldn't really do too much.  I assume you have used this time to prepare an MTC and an answer?

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@fisthardcheese The non-service was from the case years ago. It is not from this case. The filing date is years ago for the non service and the processors name is on the filing info in the court doc search, not the same service folks.

The reason I brought this old case up is I was looking to see if the old attorney's office filed a non service and when they did to see if there is a certain time they need to file the non service in.

From what I found, it seems they do not. Or they didn't. Which leads me to believe, and JDB's attorney can file a complaint and get a judgement against me even if they don't serve me in the SCC I am up against, that means that I should NOT blow off this court date AT ALL,  because then, I will have to not only get another court date, but I will have to file against the judgement, etc. That sounds like a lot of work that I feel I can avoid,

I am thinking I will show up in court., state I was not served, I am prepared to file my answer and MTC today. Then see what the Commissioner says?

Good plan of attack?

OR Should I file anyway without the complaint, which may upset the rules of the Court and the Court?

My answer is short stating I deny all and the defense jurisdiction as you state in your how to answer and MTC post, my MTC is not copy paste but has the bones of your MTC with wording changed and numbered statements wording from the actual credit agreement without changing the meaning of each statement. It is to the point and states what I am asking for. 

 

 

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Another thing I just thought of, when I was at the debtor's meeting at the JDB's attorney's office years ago, it got pretty heated between me and them. The guy turned red in the face, threatened to throw me in jail and contact my clients to tell them I had this debt and collect money from them. I honestly don't know if he was from the court or the attorney. He was a POS whoever he was, highly emotional and pissed off. Unreal what these fools will do and say and act like. He was also trying to make me feel guilty about originally blowing off the debt, it was hilarious and low brow. I should have just walked out. If I knew then what I know now... old red face would have had some papers filed against him! I can't wait for this all to be over. One more year and SOL on my bad credit decisions, sigh.

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On 4/28/2019 at 10:23 AM, helpinWI said:

Monday (tomorrow) will be 8 business days until the court date. (Wisconsin limit for service before court.)

I have no service, I have been looking online to see if they filed any other documents (service, or otherwise) and they have not. (Service was attempted once, the server came to my door when I was at work, didn't leave with my partner, was completely unprofessional swearing up a storm...)

So do I have my answer and MTC ready for court and show up?

Do I file my answer and MTC without the complaint being served to me?

If I ignore the court date, I am sure the commissioner (that is what they are called here vs. mag) will grant the judgement to move court along...

What is my best plan with these circumstances?

 

Maybe @BackFromTheDebt can help here?   I don't see how you can answer without being served, but I don't know how WI works.

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I called the clerk for small claims, she said show up (to court) with my documents. Let’s see where this goes... my county is a mill, courtroom is full every day. 🤷🏼‍♀️ I’m curious to see how the commission handles non service. And the  MTC. 

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On 4/19/2019 at 3:15 PM, helpinWI said:

The party who wants to arbitrate must notify the party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in a lawsuit. Otherwise, you notice must be sent to Synchrony Bank..."

"Papers filed in a law suit" would be the MTC that you file.  That is all that is needed.  Anything else is just extra unnecessary work.

 

 

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So I just noticed that there is an addendum for the calculations of late fees etc. on the agreement that the law office sent me. I looked at the current agreement online and it does have the section 1 rates and fees. Did the junk debt buyer make up their own terms in the addendum? And can they do that? They may be able to, just seems fishy.  Should I include the old agreement or the new agreement that I found online in my affidavit? 

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22 hours ago, helpinWI said:

So I just noticed that there is an addendum for the calculations of late fees etc. on the agreement that the law office sent me. I looked at the current agreement online and it does have the section 1 rates and fees. Did the junk debt buyer make up their own terms in the addendum? And can they do that? They may be able to, just seems fishy.  Should I include the old agreement or the new agreement that I found online in my affidavit? 

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For your MTC, use the agreement they submitted for the arbitration clause.  Once you are in arbitraiton, should it ever get to a hearing, you can attack the authenticity of this portion of the contract and ask for a Synchrony Bank witness to testify in person as to the accuracy (at their expense, of course).

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On 4/29/2019 at 3:47 PM, nobk4me said:

Maybe @BackFromTheDebt can help here?   I don't see how you can answer without being served, but I don't know how WI works.

Sorry, I was out of town for a while.  Just got back.

I have not dealt with this issue in small claims court.  

In Circuit Court, I have dealt with improper service as a plaintiff and as a defendant.  

As a defendant, the plaintiff tried to serve me when I was out of town on vacation.  Then they did alternate service.  The alternate service said I had XXXX days to either file an answer, or else send them a letter asking for the complaint.  (even though the complaint was attached).  I sent a letter asking for the complaint, as the letter stated.  The plaintiff filed a motion for a default judgment, saying I hadn't answered and instead had just sent the letter.  I read the portion of the letter in court, and the judge had a copy.  I said: "I did what they told me to do".  The judge ruled in my favor.

As a plaintiff, I had two cases thrown out without prejudice for improper or no service.  These were Circuit Court cases.  Wisconsin has a law that a case may be dismissed without prejudice if service is not completed within 90 days from the time of filing.  Again, that is Circuit Court.  

As for small claims, I don't have any experience with that.  

Realize you could be served my mail as well.  

You could try one of two things:

1. Don't show up.  If they show up, they might get a default judgment.  You would then need to file a motion to have the default judgment vacated because of improper service.  Or, maybe they won't show up, and the case will be dismissed without prejudice.  

2.  Show up.

a.  They don't show up.  Explain to the magistrate that you were never served, and that you ran across online that you had a hearing, and you don't know what it is about.  If they don't show up, ask the magistrate for a default judgment in your favor.  You probably won't get one.  As a fall back, ask for a dismissal without prejudice. 

b. They show up.  Say the same thing to the magistrate, that you saw online you had a hearing but were never served and have no idea what is going on.  Ask the magistrate to dismiss the case without prejudice for improper service.  

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They filed the affidavit of non-service. I just saw the filing online. 

So, I assume I won't even mention the non-service in court now?

Just go with my answer and MTC, keep it short and simple in the court room, concentrate on my jurisdiction defense. Get the motion granted.

I think personally, that attempting service once, not leaving the complaint with my partner once he opened the door and never attempting service again is a pretty shade way to not notify the party and get that rubber stamp judgement. I hope he is surprised when my name is called and I am there.

Any thoughts for my court date this week would be helpful! Thank you all and I hope for the best!

 

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5 hours ago, helpinWI said:

They filed the affidavit of non-service. I just saw the filing online. 

So, I assume I won't even mention the non-service in court now?

Just go with my answer and MTC, keep it short and simple in the court room, concentrate on my jurisdiction defense. Get the motion granted.

I think personally, that attempting service once, not leaving the complaint with my partner once he opened the door and never attempting service again is a pretty shade way to not notify the party and get that rubber stamp judgement. I hope he is surprised when my name is called and I am there.

Any thoughts for my court date this week would be helpful! Thank you all and I hope for the best!

 

Interesting plan, and not a bad one. 

If they filed an affidavit of non-service, there is a chance the date of the hearing will be postponed.  Check CCAP before you go for last minute changes.  

When you are there, if you have an MTC ready, that is not a bad thing.  Decide for yourself if you want them to dismiss the case without prejudice for non-service.  Maybe they will, maybe they won't, and if they do, they can always file again.  Small claims can be really weird.  An MTC, however, can end things once and for all.  

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17 hours ago, BackFromTheDebt said:

Interesting plan, and not a bad one. 

If they filed an affidavit of non-service, there is a chance the date of the hearing will be postponed.  Check CCAP before you go for last minute changes.  

When you are there, if you have an MTC ready, that is not a bad thing.  Decide for yourself if you want them to dismiss the case without prejudice for non-service.  Maybe they will, maybe they won't, and if they do, they can always file again.  Small claims can be really weird.  An MTC, however, can end things once and for all.  

I am ready, will report back later this week!

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