Phil smith Posted July 8, 2019 Report Share Posted July 8, 2019 Hi, I need some help here. I just received a summons from absolute resolutions investments llc they are suing me for 3800 and court costs. I moved to Michigan a little over a year ago and have been struggling to keep up with my bills ever since. I cannot afford to pay them and keep going to work as I have to make vehicle payments and maintain them along with feeding my family. Now I need a lawyer?!? I cannot afford one of those either. How do I go about fixing this without going bankrupt? Quote Link to comment Share on other sites More sharing options...
BV80 Posted July 8, 2019 Report Share Posted July 8, 2019 59 minutes ago, Phil smith said: Hi, I need some help here. I just received a summons from absolute resolutions investments llc they are suing me for 3800 and court costs. I moved to Michigan a little over a year ago and have been struggling to keep up with my bills ever since. I cannot afford to pay them and keep going to work as I have to make vehicle payments and maintain them along with feeding my family. Now I need a lawyer?!? I cannot afford one of those either. How do I go about fixing this without going bankrupt? Welcome to the boards. We need more information. Please copy and answer the questions in the link. Thank you. https://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/ Quote Link to comment Share on other sites More sharing options...
Robby8900 Posted July 8, 2019 Report Share Posted July 8, 2019 Who is the original creditor? Quote Link to comment Share on other sites More sharing options...
Phil smith Posted July 8, 2019 Author Report Share Posted July 8, 2019 i was sent these questions to answer. i hope they help. thanks for looking named plaintiff: absolute resolutions investmensts llc name of law firm: stenger & stenger pc amount: 3858.46 plus court costs original creditor:first national bank of omaha how do i know? i was served today in person i dont know if it was legal according m\to my state laws... i live in osceola county, mi last time i paid was in 2016 early 2017 open card account on oct 3rd, 2014 nothing in the court records as yet i havent disputed the debt at all....i didnt know that was a thing i didnt request a debt validation i have 21 days to respond to the suit they didnt send anything (evidence) with the paperwork i got today Quote Link to comment Share on other sites More sharing options...
Phil smith Posted July 8, 2019 Author Report Share Posted July 8, 2019 1 hour ago, Robby8900 said: Who is the original creditor? first national bank of omaha Quote Link to comment Share on other sites More sharing options...
Robby8900 Posted July 8, 2019 Report Share Posted July 8, 2019 Ok what is the law suit, is regarding a credit card or loan and do you have a copy of the agreement Quote Link to comment Share on other sites More sharing options...
Phil smith Posted July 8, 2019 Author Report Share Posted July 8, 2019 22 minutes ago, Robby8900 said: Credit card and no I dont have a copy of the agreement Ok what is the law suit, is regarding a credit card or loan and do you have a copy of the agreement Quote Link to comment Share on other sites More sharing options...
Robby8900 Posted July 8, 2019 Report Share Posted July 8, 2019 25 minutes ago, Phil smith said: what is the date the card closed. You can find a copy at CFPB database. Quote Link to comment Share on other sites More sharing options...
Robby8900 Posted July 8, 2019 Report Share Posted July 8, 2019 https://www.consumerfinance.gov/credit-cards/agreements/issuer/first-national-bank-of-omaha/ 1 Quote Link to comment Share on other sites More sharing options...
Brotherskeeper Posted July 8, 2019 Report Share Posted July 8, 2019 @Phil smith Do you remember what kind of credit card it was? CFPB=Consumer Financial Protection Bureau: https://www.consumerfinance.gov/credit-cards/agreements/issuer/first-national-bank-of-omaha/ 1 Quote Link to comment Share on other sites More sharing options...
Phil smith Posted July 8, 2019 Author Report Share Posted July 8, 2019 24 minutes ago, Robby8900 said: what is the date the card closed. You can find a copy at CFPB database. I'm looking through the CFPB web site...I'll let you know when I find it. Probably tomorrow. Quote Link to comment Share on other sites More sharing options...
Brotherskeeper Posted July 8, 2019 Report Share Posted July 8, 2019 @fisthardcheese I pulled up a First National Bank of Omaha agreement from CFPB archive Q1-2017 that has this clause: '“Ordinary Claims” are not subject to this arbitration provision and may be resolved through litigation. A Claim will be considered an “Ordinary Claim” if all three of the following are true: (1) the only remedy being sought for the Claim is monetary damages; (2) the recovery being sought for the Claim is less than $25,000, excluding interest and costs; and (3) the only parties to litigation to resolve the Claim will be you, us and/or Related Parties.' Any suggestions on getting aound this? Quote Link to comment Share on other sites More sharing options...
Robby8900 Posted July 8, 2019 Report Share Posted July 8, 2019 30 minutes ago, Brotherskeeper said: @fisthardcheese I pulled up a First National Bank of Omaha agreement from CFPB archive Q1-2017 that has this clause: '“Ordinary Claims” are not subject to this arbitration provision and may be resolved through litigation. A Claim will be considered an “Ordinary Claim” if all three of the following are true: (1) the only remedy being sought for the Claim is monetary damages; (2) the recovery being sought for the Claim is less than $25,000, excluding interest and costs; and (3) the only parties to litigation to resolve the Claim will be you, us and/or Related Parties.' Any suggestions on getting aound this? I do not. Quote Link to comment Share on other sites More sharing options...
fisthardcheese Posted July 9, 2019 Report Share Posted July 9, 2019 18 hours ago, Brotherskeeper said: @fisthardcheese I pulled up a First National Bank of Omaha agreement from CFPB archive Q1-2017 that has this clause: '“Ordinary Claims” are not subject to this arbitration provision and may be resolved through litigation. A Claim will be considered an “Ordinary Claim” if all three of the following are true: (1) the only remedy being sought for the Claim is monetary damages; (2) the recovery being sought for the Claim is less than $25,000, excluding interest and costs; and (3) the only parties to litigation to resolve the Claim will be you, us and/or Related Parties.' Any suggestions on getting aound this? In the past, I have suggested filling out the AAA or JAMS demand form and in addition to claims for usual violations and asking for statutory damages, also ask for an injunction order that the erroneous account (either due to not owing, or having other errors) be removed from credit reports and that the JDB stop reporting on it. Asking for an injunction as part of counter claims satisfies the "only remedy being sought is monetary damages" and eliminates the silly "ordinary claims" exception. I would use the filled out demand form asking for an injunction among my other claims as proof that my claims are not precluded by the "ordinary claims" exception, but I would not bring it up at all unless the other side does first and I need to present my evidence to refute their argument. Otherwise, I would file and go through the MTC hearing as usual. 1 1 Quote Link to comment Share on other sites More sharing options...
Phil smith Posted July 9, 2019 Author Report Share Posted July 9, 2019 . Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.