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I, too, am being sued by CROWN ASSET MANAGEMENT- Hamilton County, Ohio


ASatts
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I'd be shocked if they even show up at the hearing. Last year while researching my case I went and looked up thousands of cases that Levy & Associates filed over the past several years and I don't think they've seen a Cincinnati court room in years. Maybe 15 years ago when Junk Debt Buyers didn't have good records their business model required them to spend more time in court, but as far as I can tell the past several years they have never been in a court room (unless something has changed in the past year). I'm guessing that they file everyone of their lawsuits electronically.

I'm guessing it would take 4 hours minimum for them to travel from Columbus to Cincinnati. If one of their attorney's time is worth $250/hr to Levy & Associates (typically what lawyers bill) that's a thousand dollars of good money they are throwing after bad money. I think they are going to bail very soon. I'm shocked they even filed that frivolous motion.

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3 hours ago, upcycleliving said:

I'm guessing it would take 4 hours minimum for them to travel from Columbus to Cincinnati. If one of their attorney's time is worth $250/hr to Levy & Associates (typically what lawyers bill) that's a thousand dollars of good money they are throwing after bad money. I think they are going to bail very soon. I'm shocked they even filed that frivolous motion.

It’s not unusual for a law firm to have offices in multiple locations or to hire or contract with law firms in other cities to stand in for them in court.  That’s what happened in one of the lawsuits when I was sued.  The law firm that filed was about 5 hours away and had a local attorney show up in court.  

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On 12/21/2019 at 7:37 AM, BV80 said:

It’s not unusual for a law firm to have offices in multiple locations or to hire or contract with law firms in other cities to stand in for them in court.  That’s what happened in one of the lawsuits when I was sued.  The law firm that filed was about 5 hours away and had a local attorney show up in court.  

When my case was going on with this law firm I did research on their history and looked over thousands of cases where they were the plaintiffs in the past 5 years and these guys never saw a court room. There was one case where a summary judgment was denied and a trial was ordered and Levy & Associates dismissed the case immediately after that without prejudice which told me that they felt that it was not worth the money to go trial. If that case was settled it would have been dismissed with prejudice. 

There's several different threads on here where Levy & Associates folded as soon as a MTC was filed. This would be a first if they contracted with another law firm. My guess is that they are going to figure out sooner or later that they are wasting time and money pursuing this and they will bail. They are looking for low hanging fruit. 99.9% of their cases result in default judgments, settlements, stipulated judgments, or people they can't located. The more time they spend on a case, the less they make per case. The only time they are ever in front of a judge is debtor's exams where they follow up by garnishing wages and seizing bank accounts. My guess is that they appear at those hearings telephonically. They do not want to spend a bunch of time in court in front of a judge.

Of course the amount I was sued for was significantly less than what the OP was sued for. I suppose it's possible that the higher the amount you owe the more motivated they are to try to collect but in my opinion it would have to be like $30,000 for it to make sense to fight in arbitration and even that is risky because if you go after a debtor for $30,000 they might file bankruptcy and you just pissed away thousands of dollars and got nothing in return.

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  • 2 weeks later...
On 12/8/2019 at 12:35 PM, Brotherskeeper said:

TJX REWARDS® PLATINUM MASTERCARD® ACCOUNT AGREEMENT

"• Governing Law for Arbitration
 This Arbitration section of your Agreement is governed by the Federal Arbitration Act (FAA). Utah law shall apply to the extent state law is relevant under the FAA. . . ."

 

On 12/8/2019 at 12:35 PM, Brotherskeeper said:

From the Ohio attorney white paper on compelling & staying arb:

The FAA
An arbitration agreement falls under the FAA if the agreement:

  •  Is in writing.
  •  Relates to a commercial transaction or maritime matter.
  •  States the parties’ agreement to arbitrate a dispute. (9 U.S.C. § 2.)

Intersection of the FAA and Ohio Law
If an agreement falls under the FAA, the Ohio state court applies the federal standard for arbitrability when determining whether to compel or enjoin arbitration, rather than evaluating these threshold questions under Ohio state law (see Southland v. Keating Corp., 465 U.S. 1, 12-13 (1984); 

Threshold Issues for the Court to Decide
When deciding an application to compel or enjoin arbitration, the court cannot rule on the merits of the claims underlying the arbitration (see Academy of Medicine, 842 N.E.2d at 492). The court instead plays a gatekeeping role that is limited to determining issues of substantive arbitrability, such as whether:

  • The agreement is enforceable (see Valid Arbitration Agreement).
  • The agreement covers the parties’ dispute (see Scope of Arbitration Agreement).

(R.C. 2711.01, 2711.02, and 2711.03; see Benjamin v. Pippoly, 800 N.E.2d 50, 57 (Ohio App. 10th Dist. 2003).

@ASatts You have personal info that needs redacting. You didn't mention the FAA. I don't know if it's too late for you to add this in. Also, do your court rules require you to double-space and use a 12 point font size?

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3 hours ago, Brotherskeeper said:

 

@ASatts You have personal info that needs redacting. You didn't mention the FAA. I don't know if it's too late for you to add this in. Also, do your court rules require you to double-space and use a 12 point font size?

@Brotherskeeper Thanks for catching. I mentioned FAA in my Motion, but not the Ohio case law. So that is what I focused on here. I don't see anything in the rule book pertaining to the spacing and font size. I am also bringing a Demand Letter (LOL) to the hearing in case my motion is granted. Does this seem appropriate?

Demand for Arbitration - Crown Asset Mgmt.pdf

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7 minutes ago, ASatts said:

I am also bringing a Demand Letter (LOL) to the hearing in case my motion is granted. Does this seem appropriate?

Please reread Fisthardcheese's pinned thread on arbitration. I believe the Demand form he suggests you fill out and bring to court is the JAMS Demand form. This is to show the judge (if needed, depending on your judge) that you are serious about filing the demand claim as soon as the judge grants the MTC. 

https://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf

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On 1/8/2020 at 4:17 PM, ASatts said:

I don't see anything in the rule book pertaining to the spacing and font size.

See pages 15-16 of "The Supreme Court of Ohio Rules of Practice" for submissions to your state SC. Your local court rules may address these requirements. The filings of the Plaintiff in your case probably conform to your court rules for typeface, spacing and font size.

S.Ct.Prac.R. 3.09. Mechanical Requirements.

(B) General
(1) Typeface
(a) Every original document filed with the Supreme Court shall be single-sided, shall
be typewritten or prepared by, computer, word processor or other standard typographic
process, and shall comply with the requirements of this rule.
(b) The text of all documents shall be at least 12-point type and in one of the following
typefaces:
(i) Times New Roman;
(ii) Cambria;
(iii) Calibri;
(iv) Arial Standard (i.e., not Black, Rounded, Unicode, or Narrow);
(v) Palatino Linotype.

(3) Spacing and footnotes
The text of all documents shall be double-spaced. Footnotes and quotations may be single-spaced;
however, they shall also be in 12-point type. 

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3 hours ago, Harry Seaward said:

They usually show up to the MTC hearings to argue against them. They have been successful enough times that it's worth their while to try. 

Maybe fisthandcheese can chime in but I have not seen many cases here of MTC being denied unless somebody just completely botches it. 


 

 

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19 hours ago, upcycleliving said:

Just checked court docket. OP’s notion was granted. Calvary is going to bail any day now!

Am curious if their attorney even showed up to the hearing. Like I said before, they were wasting money and time by sending their attorney to fight this

Thanks for your update, Upcycle. I hope @ASatts comes back to give those details. 

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20 hours ago, Harry Seaward said:

Right, but it does happen, as I said, enough to justify the plaintiff's attempt to argue against a MTC at a hearing.

When this law firm sued me and bailed as soon as I filed a MTC they were representing Calvary. They bailed when some other forum members were sued by Calvary. 
 

This time they are representing Asset Crown Management so I think it’s possible that Levy and Associates contacted Calvary’s and Calvary just wanted to cut their losses but maybe Crown Asset Management was willing to spend some money and gamble on the possibility of keeping the case in court or because the amount is 4 times as much as when they sued me, they were willing to put some more money into pursuing this.

 

 

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@Brotherskeeper Guys, I'm late sharing the details because I was celebrating lol, as you know, the Motion was granted!!

@upcycleliving I really hoped they would not show up but they sent the same slime ball rent-a-lawyer as last hearing (This time representing each of the big 3 in different cases... Crown, Midland, and Cavalry). He pulled me aside before the hearing started, which I was completely prepared for him to do, and asked me if I had reached out to try to settle this with Crown, and I replied that I have not. He warned me strongly that arbitration is not what I really want, it will end up costing me more than if I were to just offer them a lump sum settlement, etc. I simply replied that I am waiting to see how the magistrate rules on my motion. He kind of just shrugged, did not have much to say.

One thing I will note right away is the overall atmosphere at this hearing was completely in my favor. Not the same magistrate. The first 3-4 cases were all garnishments coming to conclusion where both parties were unclear as to how much, if any, was still owed. It was a nightmare, they kept going back and forth and saying the same thing over and over, the magistrate was visibly irritated at their lack of preparedness. When my case was called and she asked if I had anything to say I made a firm one sentence statement basically reading from my Pre Hearing Memo, where I reasserted my right to arbitration despite the Plaintiff having voluntarily given up their right to the same. She asked if the attorney if he had anything to say, about their motion to deny arbitration, and clearly this guy was not being paid to argue anything. "This is just your standard dispute, the original card was a TJ Maxx, the amount is $$$..." I was shocked he didn't even mention a single item from the response they filed to my MTC. I don't know whether he was unprepared, unaware (doubtful), or just unhappy to be there (probable).

She thanked me for my argument, and said she wanted more time to review the contract, and would issue a written answer and I'll receive it in the mail. Free to go! So as soon as I get that I was going to send them the Demand, but I also know I am at point 1 of 3 (I think?) where I can offer to get them to drop the case, right?

Thanks for everyone's input! I was pretty pumped to argue but I swear it's like they just rolled over and died. Like they expected us all to do!

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That's a pretty typical experience. The lawyers they 'send' are usually part of a network that get offered appearances (like the way Uber works) that pay $15 or $20 each. They get bare minimum details on each case and get no documentation. The only real skin they have in the game is if they can get you to take a settlement, they likely get a 'bonus' of a fixed amount or a percentage of the settlement amount.

Congrats on the win. I wouldn't wait to initiate arb. They can (and have)  use your delay to argue you weren't serious about arbitration, and the court should take the case back. 

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7 hours ago, ASatts said:

@Brotherskeeper Guys, I'm late sharing the details because I was celebrating lol, as you know, the Motion was granted!!

@upcycleliving I really hoped they would not show up but they sent the same slime ball rent-a-lawyer as last hearing (This time representing each of the big 3 in different cases... Crown, Midland, and Cavalry). He pulled me aside before the hearing started, which I was completely prepared for him to do, and asked me if I had reached out to try to settle this with Crown, and I replied that I have not. He warned me strongly that arbitration is not what I really want, it will end up costing me more than if I were to just offer them a lump sum settlement, etc. I simply replied that I am waiting to see how the magistrate rules on my motion. He kind of just shrugged, did not have much to say.

One thing I will note right away is the overall atmosphere at this hearing was completely in my favor. Not the same magistrate. The first 3-4 cases were all garnishments coming to conclusion where both parties were unclear as to how much, if any, was still owed. It was a nightmare, they kept going back and forth and saying the same thing over and over, the magistrate was visibly irritated at their lack of preparedness. When my case was called and she asked if I had anything to say I made a firm one sentence statement basically reading from my Pre Hearing Memo, where I reasserted my right to arbitration despite the Plaintiff having voluntarily given up their right to the same. She asked if the attorney if he had anything to say, about their motion to deny arbitration, and clearly this guy was not being paid to argue anything. "This is just your standard dispute, the original card was a TJ Maxx, the amount is $$$..." I was shocked he didn't even mention a single item from the response they filed to my MTC. I don't know whether he was unprepared, unaware (doubtful), or just unhappy to be there (probable).

She thanked me for my argument, and said she wanted more time to review the contract, and would issue a written answer and I'll receive it in the mail. Free to go! So as soon as I get that I was going to send them the Demand, but I also know I am at point 1 of 3 (I think?) where I can offer to get them to drop the case, right?

Thanks for everyone's input! I was pretty pumped to argue but I swear it's like they just rolled over and died. Like they expected us all to do!

LOL. I probably would have fucked with him and said "I offered them 20 bucks and they turned me down".

I fucked with this guy who called me claiming they were going to serve me with a lawsuit on behalf of Wells Fargo for $1,800. I had a Wells Fargo bank account many years ago but I don't remember ever owing them nearly that much. I vaguely remember emptying out a Wells Fargo account instead of closing (thinking if I needed another bank account the bank account would be available) and then a few years later finding out that they were now charging me $10 a month to maintain this account that had a $0 balance and then being told I owe around $100 and I ripped a letter but this supposed $600 debt that was now $1,800 after "Treble Damages". This supposed debt was from 2010 also, well past the statute of limitations. I asked the guy pestering me on the phone for a $2,000 loan and he said "have a good day sir, see you in court". Interestingly it's been a year since this phone call and I have yet to receive a summons and I can't find any record of this supposed lawsuit on any court website.

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