Jbrown Posted January 30, 2020 Report Share Posted January 30, 2020 Hey guys so I'm ready to send myelf into a panic attack. I served on the 14th with a notice to appear to answer February 11th. There is no time frame listed to file my answer, but state of Missouri is 30 days. I'm confused one on how to properly answer and two by when. I wanted to fight it but in the summons they have statements that were sent by mail... I never received and so I feel like there isn't much argument there. I'm fairly certain my ex opened these cards via online in my name but with no signature on any of what was sent it would be hard to prove. So I fell across arbitration and am trying to decide if that's the best route to go so there isnt a judgement against me. However I have high anxiety feel completely overwhelmed and don't know if it how to file an answer or if I want to arbitrate how to formally request that and if I do then do I still need to file answer as well? Please someone help . I've had no luck finding any templates for Missouri anything and I'm a single mom whose losing sleep and hasn't the money for an attorney. I've spent countless hours non stop researching I just am so overwhelmed by info and what and how-to do any of this. Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted January 30, 2020 Report Share Posted January 30, 2020 At the top of the complaint, or maybe the summons, it should say what court you were sued in. Does it say circuit court, small claims, or associate civil? Who is the original creditor? (Best Buy was the merchant; it was probably a Citibank backed credit account.) And what is the ballpark dollar amount you have been sued for? Quote Link to comment Share on other sites More sharing options...
Jbrown Posted January 30, 2020 Author Report Share Posted January 30, 2020 (edited) It says in the 18th Judicial Circuit. Yes, it is Citi Bank and the amount they're suing for is 2,651.91. That is count one. Count 2 is Synchrony for 1,322.34. I'm freaking out because there are two different accts. I'm assuming I need to respond to both but I'm clueless even after non stop research on a proper way of doing so. They have a bill of sale for both not listing in there any actual reference to myself or the acct. number. Next page has acct. number and personal info. They have a few statements from them with of listed. Copy of agreements for both cards, and affidavits for sales by no one attached to the original oc. I'll upload some of the files. Edited January 30, 2020 by Jbrown Blurred Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted January 30, 2020 Report Share Posted January 30, 2020 13 minutes ago, Jbrown said: it is Citi Bank and the amount they're suing for is 2,651.91. That is count one. Count 2 is Synchrony for 1,322.34. Both of these agreements have arbitration clauses, so that's the route i would go, if i were you. Read the first few posts of this thread: https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/ Quote Link to comment Share on other sites More sharing options...
Jbrown Posted January 30, 2020 Author Report Share Posted January 30, 2020 Thanks for the link. I read it last night and have been doing nothing but reading up left and right while I can. I just am so confused and I'm positive overthinking it on how to begin and where. I've seen some very detailed high quality responses and some really basic ones. I just want to make sure I do it correctly. I've seen where people send letters stating the are requesting arbitration and I've seen people use it in their defenses. I'm not sure which route to go or if one is correct and other isnt. I'm also not sure if I need to only file and answer and send one to their attorney or file answer and a letter requesting arbitration as well as copies to their attorney. I just feel completely overwhelmed and under educated on the process regardless of non stop research. Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted January 30, 2020 Report Share Posted January 30, 2020 Yeah, the complicated cases were pretty regular occurrences a few years ago, but the process has been pretty refined to the point that it's stupid simple now. The key points are a.) be sure you mention your intent to use arbitration in your answer to the lawsuit (most people assert a 'court lacks jurisdiction' affirmative defense in their answer), and b.) file a Motion to Compel private contractual arbitration (MTC) in accordance with the card agreement. More details about the MTC is in the thread i linked to, but just be sure to attach the card agreement to the MTC. Quote Link to comment Share on other sites More sharing options...
Jbrown Posted January 30, 2020 Author Report Share Posted January 30, 2020 Is there by chance any examples on here you know of for reference? Thanks again Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted January 30, 2020 Report Share Posted January 30, 2020 Examples of what? Quote Link to comment Share on other sites More sharing options...
Jbrown Posted January 30, 2020 Author Report Share Posted January 30, 2020 An answer where someone asserts the intent to file for arbitration. I've yet to come across someone mentioning in their answer. I've seen it mentioned plenty of times and sample answers where people haven't filed for arbitration but never in conjunction. Quote Link to comment Share on other sites More sharing options...
Jbrown Posted January 31, 2020 Author Report Share Posted January 31, 2020 Also I know each count needs responded to separately but do I need to file the answers separately as well as file for arbitration separately? As if treating them as separate lawsuits. Overall I'm over analyzing the composure of all this worrying about leaving things out and really have no idea how to go about the composure of it all. Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted January 31, 2020 Report Share Posted January 31, 2020 34 minutes ago, Jbrown said: An answer where someone asserts the intent to file for arbitration. The very first post of the thread i linked to has a sample MTC and explains how to write your answer. 27 minutes ago, Jbrown said: Also I know each count needs responded to separately but do I need to file the answers separately as well as file for arbitration separately? Are there two complaints, or did they allege both debts in one complaint? Quote Link to comment Share on other sites More sharing options...
Jbrown Posted January 31, 2020 Author Report Share Posted January 31, 2020 One complaint two counts. First being citi and the second being synchrony. Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted January 31, 2020 Report Share Posted January 31, 2020 You only need one answer then. Quote Link to comment Share on other sites More sharing options...
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