Being sues by STENGER AND STENGER as well as Javitch Block llc in Kentucky

[giothegerman]

Hello, 

 

 

Can anyone give me an advice on what to do? 

 

 

Stenger is suing me for 1998 dollars for a Best Buy Citi card 

and Javitch Block llc for 1200 from synchrony bank (amazon card) 

 

Do I need to file an answer or ask for arbitration immediately ? 

This was served to my roommate and I found out 3 days later that it was actually meant for me. 

 

I am a non native English speaker but have no fear doing this myself and taking on the fight. 

I would really appreciate if anyone that knows KY laws can help me. 

 

[Clydesmom]

2 hours ago, giothegerman said:

Do I need to file an answer or ask for arbitration immediately ?

You definitely need to file an answer in both suits as soon as possible.  The MTC arbitration can be filed separately but it should be raised as an affirmative defense.

2 hours ago, giothegerman said:

Stenger is suing me for 1998 dollars for a Best Buy Citi card 

The problem with this account is CITI has a carve out for arbitration in small claims cases.  The papers state they filed in District Court so you should be good on that respect in that you are not in small claims court but be prepared they try to argue this anyway.

2 hours ago, giothegerman said:

Javitch Block llc for 1200 from synchrony bank (amazon card) 

Synchrony has the best arbitration clause of all the creditors.  File your answer invoking private contractual arbitration as an affirmative defense and a MTC arbitration on this one as well.

[giothegerman]

3 hours ago, Clydesmom said:

You definitely need to file an answer in both suits as soon as possible.  The MTC arbitration can be filed separately but it should be raised as an affirmative defense.

The problem with this account is CITI has a carve out for arbitration in small claims cases.  The papers state they filed in District Court so you should be good on that respect in that you are not in small claims court but be prepared they try to argue this anyway.

Synchrony has the best arbitration clause of all the creditors.  File your answer invoking private contractual arbitration as an affirmative defense and a MTC arbitration on this one as well.

Thank you for taking time to respond to my post. 

 

I have filed an answer today. 

 

Should I go ahead and file an MTC immediately as well or wait till I hear back from the Judge ? 

 

 

[Clydesmom]

1 hour ago, giothegerman said:

Should I go ahead and file an MTC immediately as well or wait till I hear back from the Judge ? 

I would go ahead and file.

[giothegerman]

On 12/3/2019 at 7:05 PM, Clydesmom said:

Thank You, I will go ahead and file tomorrow. I am going trough my finals weeks and I am beyond stressed. This is getting me a little out of whack. 

I would go ahead and file.

 

[giothegerman]

Stenger and stenger has sent me  interogattories  when I asked for proof of debt. Completely disregarding my request, as I expected. What should I do know ? 

The other guys (javicth) haven't even responded. 

[nobk4me]

On 1/9/2020 at 4:17 PM, giothegerman said:

Stenger and stenger has sent me  interogattories  when I asked for proof of debt. Completely disregarding my request, as I expected. What should I do know ? 

The other guys (javicth) haven't even responded. 

Just to clarify:  you did file the MTC Arb with the court, and sent a copy to the lawyers?

As for the interrogatories, if you want to pursue the arb strategy, it is best to object to all of them, as arbitration has been elected, and the scope of discovery will be determined by the arbitration forum.  If you participate in discovery in court, you may waive your arb rights.