DebtSettlementJourney

Just got served! SunTrust/Lightstream via Vinci Law

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Hi. First time I've needed some expertise here. I've been catalouging my debt settlement journey on this site and after many successful settlements (averaging around 30%) I have finally gotten sued....

 

FYI when I first start trying to deal with this debt (well before I found out about this forum and even arbitration) I signed up for the Veritas Legal Debt Relief Plan. So in theory I have an attorney I can go to, although they may want to fight in court more than arbitration. https://www.veritaslegalplan.com/Blog/LegalPlan/DebtReliefPlan

 

1. Who is the named plaintiff in the suit?

SunTrust/Lightstream

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Vinci Law Office (they've been trying to collect for a few months as well)

3. How much are you being sued for?

~20k

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

SunTrust/LightStream

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)

In Person

7. Was the service legal as required by your state?

Yes

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

High level negotiations with SunTrust, their best offer was 40%. I spoke with Vinci over the last few months, best offer 45%. I couldn't afford either at the time. I haven't spoken to Vinci in a couple months

9. What state and county do you live in?

Davis, UT

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

late 2018

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

early 2018

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

NA

13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

Just got served today. I have 21 days to answer

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? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').

No

16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

21 days

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

Loaned agreement (that I signed). I just checked and their is an arb provision (with JAMS). Some info that I filled out initially when I got the loan (where I worked, how much I made, etc). My payment history with them

18.  How did you find out about this site?

Google

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Since this is an OC, there's a fairly decent chance they will follow you into arbitration. Having said that, i think arbitration hanging over their head will likely give you more negotiation leverage than you would have otherwise.

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7 minutes ago, Harry Seaward said:

Since this is an OC, there's a fairly decent chance they will follow you into arbitration. Having said that, i think arbitration hanging over their head will likely give you more negotiation leverage than you would have otherwise.

Thanks!

Given that, do you still think I should go arb or trial? Of course I’d still be trying to negotiate settlement either way...

I figured arbitration wouldn’t get me out clean, especially given the amount ($20k). 

I can actually afford the 40% figure originally proposed to me now, although I wouldn’t want to pay that much. Ideally I’d love to get closer to 30% (given I have other creditors that I’m dealing with)
 

I heard their desire to negotiate generally goes down once you are served, but.... I’m hoping I can turn some screws by having my Veritas attorney call them and threaten them with arb. At that point they’d have to know default judgment just isn’t going to happen. Reasonable or am I dreaming?

 

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39 minutes ago, DebtSettlementJourney said:

I’m hoping I can turn some screws by having my Veritas attorney call them and threaten them with arb. At that point they’d have to know default judgment just isn’t going to happen. Reasonable or am I dreaming?

Not realistic is more like it.  You are confusing arbitration with an OC with arbitration with a JDB.  JDBs paid pennies on the dollar so it is already a financial loss and they generally will walk away from the granted MTC.  OCs don't have that problem.  They are well aware that they have enough proof to prevail at trial or arbitration.  Arb with an OC is about getting the best settlement.  While it COULD go in your favor we have seen OCs like Discover and AMEX get ticked and dig in refusing to settle at all.  You have to read who  you are dealing with carefully when choosing the options.

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1 hour ago, DebtSettlementJourney said:

Is an image okay for you?

Yeah. I just want to get a feel for what their expectations are going in to arb based on the wording of their agreement. If they have language indicating they think they can stick you with arb fees, IMO they'll feel less pressured by the notion of arbitration. 

There's been some debate here over JAMS' rules as they pertain to the allocation of fees at final award time. There was a guy here that got slapped with Discover's arb fees about 18 months ago.  He appealed but has since gone radio silent when we asked for updates on his case, which leads me to believe things didn't turn out in his favor. 

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