Being Sued by Crown Asset Management (originally synchrony) in Baltimore County, Maryland (attached complaint, proposed answer, and some questions please)

[Fishman93]

First off, I want to say thanks so much for all of the information that is on here. Have been reading this forum for a few months now. Without you guys, I wouldnt have even know where to start. Just was served about a week ago and have to file my intent to defend by day 15 of being served.

 

I have a couple of questions for you guys and will be forever thankful for some help.

 

1.) How does my response/intent to defend document look? I dont know how to answer each allegation as there is really only one. Maryland has a "charge off" worksheet that they have used to file the lawsuit.

2.) Must I put " Defendant admits that an agreement was had between Synchrony Bank (Account ending in 4370) and Defendant. However, defendant does not admit to any amount owed and due as asserted in plaintiffs claims. "

 

If I dont then will my MTC still be legit? If I dont agree that I owned the account then how can I possibly agree to the the terms of arbitration?

 

3.) How does the bill of sale they provided look? Must it have an account number and specific terms? Looks like it was some sort of batch sale??

 

4.) Originally this was a synchrony account which has a clause in that states the following;

"  We will not require you to arbitrate: (1) any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court; or (2) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate."

 

This has been filed in small claims. What are the chances this clause is what causes a denial of my MTC? I see mixed results on here.. Should I put that into my MTC? From what i'm getting is to not put that in there, but once the judge sees that clause wont it look even worse as in it looking like I was trying to hide it??

 

Thanks so much

 

 

 

 

 

 

CURRENT SUIT DETAILS:

1. Who is the named plaintiff in the suit?

Crown Asset Management, LLC

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

Peroutka and Miller

3. How much are you being sued for?

~$3,000

4. Who is the original creditor? (If not the Plaintiff)

Synchrony Bank (Paypal extras mastercard)

5. How do you know you are being sued? (You were served, right?)

Served

6. How were you served? (Mail, In person, Notice on door, etc.)

In person

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?

Nothing - other than a settlement offer

9. What state and county do you live in?

Baltimore county, MD

10. When is the last time you paid on this account? (Looking to establish if you are outside SOL)

Within the last 2 years

11. When did you open the account (Looking to establish what card agreement may be applicable)

Roughly 2016

12. What is the SOL on the debt?

3 years

13. What is the status of your case? Suit served? Motions filed?

Served 1 week ago. Looking to file answer and motion to compel within the next few days.

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?

No

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

An Affidavit from Crown asset management Custodian of Records, last statement and a bill of sale (without account number.

Untitled document.pdf

[Harry Seaward]

@fisthardcheese

[BackFromTheDebt]

To the OP:

This is a Sychronicty account.  The JDB bought all the rights and obligations of the original debt and the original contract.  
 

You retain all your rights and obligations. 
 

One of your rights is the right to arbitration.  Synchronicity has an arbitration agreement which is fantastic to you.  Meaning, if you get them into arbitration you will almost certainly win, because almost no JDB wants to spend zillions of dollars to collect the debt.  They go for the low hanging fruit.  
 

Do a search on this site for arbitration, especially for Sychronicity accounts.  

[fisthardcheese]

On 11/26/2019 at 11:34 AM, Fishman93 said:

I dont know how to answer each allegation as there is really only one. Maryland has a "charge off" worksheet that they have used to file the lawsuit.

If this is small claims, you can most likely just file a simply "I deny each and all claims asserted by the Plaintiff" or something similar. Check your specific court rules or their website for an easy answer form.

 

On 11/26/2019 at 11:34 AM, Fishman93 said:

2.) Must I put " Defendant admits that an agreement was had between Synchrony Bank (Account ending in 4370) and Defendant. However, defendant does not admit to any amount owed and due as asserted in plaintiffs claims. "

Just deny everything initially.  Don't over think it.

On 11/26/2019 at 11:34 AM, Fishman93 said:

If I dont then will my MTC still be legit?

yes

On 11/26/2019 at 11:34 AM, Fishman93 said:

If I dont agree that I owned the account then how can I possibly agree to the the terms of arbitration?

THEY claim this was your account, therefore, they are availing themselves to the arbitration clause within the alleged account.  For now this doesn't matter anyway. Deny everything, file the MTC. Worry about this only if it comes up in their opposition or at a hearing much later.

On 11/26/2019 at 11:34 AM, Fishman93 said:

3.) How does the bill of sale they provided look? Must it have an account number and specific terms? Looks like it was some sort of batch sale??

Let them pay the arbitration fees and get a JAMS arbitrator selected before you even start to think about the particulars of the alleged account.  Right now it is irrelevant because the only argument is that court is the incorrect venue and this belongs in JAMS arbitration.

On 11/26/2019 at 11:34 AM, Fishman93 said:

This has been filed in small claims. What are the chances this clause is what causes a denial of my MTC? I see mixed results on here

Irrelevant.  There aren't really mixed results, there are only a couple very erroneous judges that would be easily overturned on appeal.  If you read that paragraph again, you will see that it does not preclude you from arbitration anyway.

[Fishman93]

On 12/1/2019 at 12:00 PM, fisthardcheese said:

 

If this is small claims, you can most likely just file a simply "I deny each and all claims asserted by the Plaintiff" or something similar. Check your specific court rules or their website for an easy answer form.

 

Just deny everything initially.  Don't over think it.

yes

THEY claim this was your account, therefore, they are availing themselves to the arbitration clause within the alleged account.  For now this doesn't matter anyway. Deny everything, file the MTC. Worry about this only if it comes up in their opposition or at a hearing much later.

Let them pay the arbitration fees and get a JAMS arbitrator selected before you even start to think about the particulars of the alleged account.  Right now it is irrelevant because the only argument is that court is the incorrect venue and this belongs in JAMS arbitration.

Irrelevant.  There aren't really mixed results, there are only a couple very erroneous judges that would be easily overturned on appeal.  If you read that paragraph again, you will see that it does not preclude you from arbitration anyway.

Thanks so much to you. Would not have even gotten this far without you and your advice and guides. Here is a little update and would love some advice.

 

Filed a MTC with affidavit and one page of contract attached with arbitration clause. Judge decided to hold a hearing on trial date. Upon going to court, was grilled by plaintiffs lawyer outside of the court room before trial for arbitration yada yada.. After trial he started laughing when I told him I printed the agreement from the internet. Said he would tell the judge next motion hearing of where I got the agreement from, and that I need a signed original. (even though that does not exist) So he is really against the MTC.

 

Judge asked lawyer if the lawyer saw the MTC. He stated he did not..  He also stated he would be arguing against the motion next go around. Judge then proceeded to tell me I only attached one page of the contract.. Could be some random agreement I have.. Etc. To submit as an exhibit the whole contract, even though the page I attached has the whole arbitration clause on it. He also stated it is my burden of proof to provide the contract. He reset the hearing and trial (if needed) for 03/05.

 

My question is, how can I argue against this? Is it the plaintiffs burden of proof to provide the contract if he disagrees with the one I bring? It's wild they aren't even required to provide a contract for an account THEY are suing me on. Lawyer also brought up that they bought the debt without all the other rights on the contract?? Looks like the lawyer will argue about the authenticity of my agreement and judge may as well? Can I say I want a witness from the OC to prove I have the wrong contract? Or is my affidavit suffice and just bring up the fact that I have an affidavit to the judge? Would love some advice from you!!!

 

To add even more twist to the story, I provided an affidavit with that one page of contract, however I realized I provided an updated copy of the synchrony bank contract (from 2019, I needed the one from 2017).  Arbitration clause is the exact same thing. Just a few updated things on other parts of the contract such as apr and such. Stupid mistake on my part. Do I admit that to the judge before it is brought up? Do I not say anything until/if it is brought up? Do I attach the 2017 contract on my new exhibit or stick with the one from 2019 now?

Pretty much a personal thing to me now with how mean the lawyer was.. Very intimidating being in court but also neat at the same time. Hope you guys can help me pull this one through.

 

 

 

[fisthardcheese]

You must always submit all evidence in it's entirety.  If you had, your MTC would likely have already been granted.