ladyleo

What can I expect at a mandatory settlement conference?

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Hello All,

I filed my answer with the court regarding a lawsuit from Mandarich Law Group and the courts require a mandatory settlement conference and I'm looking to see if anyone has experience with this? I mailed Mandarich a letter for debt validation and I received the packet today that has the Bill of Sale to the debt collector and a few past statements. I did put in an arbitration comment in my answer but since the collector has documentation do you think I should settle during the conference?

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Nobody can answer this question without more information. 

Who is the original creditor?

Who owns the debt now?

Approximately how much is the suit for?

What state?

What kind of court?

Is there an applicable arbitration agreement?

Depending on the answers to these questions, people may be able to help you help yourself 

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13 hours ago, BackFromTheDebt said:

Nobody can answer this question without more information. 

Who is the original creditor?

Who owns the debt now?

Approximately how much is the suit for?

What state?

What kind of court?

Is there an applicable arbitration agreement?

Depending on the answers to these questions, people may be able to help you help yourself 

Sorry about that please see information below.

1. Who is the named plaintiff in the suit? JH Portfolio Debt Equities LLC

2. What is the name of the law firm handling the suit? Mandarich Law Group

3. How much are you being sued for? under $1,500

4. Who is the original creditor? Synchrony Bank

5. How do you know you are being sued? I was served

6. How were you served? In person at home 

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? I had no contact with them

9. What state and county do you live in? Riverside, Ca

10. When is the last time you paid on this account? Paperwork says August of 2017

11. When did you open the account (looking to establish what card agreement may be applicable)? I don't remember 

12. What is the SOL on the debt? To find out: 6 years

13. What is the status of your case? Suit served? Motions filed? I submitted an answer of general denial with a comment with arbitration 

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no

 15. Did you request debt validation before the suit was filed? Yes, Mandarich Law Group mailed me a packet that has the Bill of Sale from Synchrony Bank and statements from 1/17 to 7/17 but nothing prior to that 

16. How long do you have to respond to the suit? 30 calendar days but I already filed my answer

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? Last statement on 7/17

18.  How did you find out about this site? google

**Did I make a mistake by requesting documents before filing my answer? Does that null the arbitration?** Any advise would be helpful and appreciated!

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This is a Synchronicity account. 

They have very favorable arbitration agreements. You need to file a Motion To Compel arbitration   I don’t know how to do that in California  

I know nothing about California courts.  Maybe someone from California will see this, perhaps not.

In the meantime, search through this site for other cases involving arbitration in California.  There are lots of them.  Do your homework, see how other people handled the situation. 

You may wish to contact your court about the proper procedures for filing motions.   

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1 hour ago, BackFromTheDebt said:

This is a Synchronicity account. 

They have very favorable arbitration agreements. You need to file a Motion To Compel arbitration   I don’t know how to do that in California  

I know nothing about California courts.  Maybe someone from California will see this, perhaps not.

In the meantime, search through this site for other cases involving arbitration in California.  There are lots of them.  Do your homework, see how other people handled the situation. 

You may wish to contact your court about the proper procedures for filing motions.   

Thank you for your reply. I will do some research and see what I can find out. :)  

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Procedures vary from county to county. I didn't have MSC in mine (San Diego County). Though I think an MSC is likely to be scheduled closer to a trial date? Anyhow, keep an eye on your online case file, if you just filed your answer then the case file will probably get updated in the nest few weeks.

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1 hour ago, RyanEX said:

Procedures vary from county to county. I didn't have MSC in mine (San Diego County). Though I think an MSC is likely to be scheduled closer to a trial date? Anyhow, keep an eye on your online case file, if you just filed your answer then the case file will probably get updated in the nest few weeks.

Hi Ryan,

When I filed my answer the clerk gave me my court date but I need to go through the MSC right before the trial and if we don't come to an agreement at the MSC then we directly go into court after the meeting.

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Some courts here have mandatory conferences. In my experience they were mediated by third year law students. It was all very informal. Mediator tries to understand the dispute and asks if there's any way the parties can agree. Once both sides say "no," they make a note to judge saying "we tried, no resolution," and that's it. My lawyer said they may mean well, but it's a total waste of time.

 

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