dontwearmasks

Filing an answer, Sued by Portfolio Recovery

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I am being sued by Portfolio Recovery for Comenity Bank. I have about 10 days remaining to respond. My goal is to move to arbitration

 

As I understand, its recommended to file an answer with MTC rather MTC alone. Since i certainly own the debt and have no defense, how would I frame my answer?

1. Who is the named plaintiff in the suit? Michael S. Hunt

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

3. How much are you being sued for? $5966

4. Who is the original creditor? (if not the Plaintiff) Caesars Rewards/ Comenity Bank

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

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

 

7. Was the service legal as required by your state? Yes. It appears that I was served legally.

8. What was your correspondence (if any) with the people suing you before you think you were being sued? None.

9. What state and county do you live in? CA, Santa Clara County

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 3/2018

11. When did you open the account (looking to establish what card agreement may be applicable)? 2016

12. What is the SOL on the debt?: 

13. What is the status of your case?  Served 9/17/20. 30 calendar days to respond

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. How long do you have to respond to the suit? 10 days from today. 

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? Statement from Caesars Rewards/Comenity.

 

 

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48 minutes ago, dontwearmasks said:

I talked to a lawyer regarding this issue and i asked him about arbitration. He said this a very bad idea, it will piss them off and if i lose i will bear all costs of the arbitratration.

Is this true?

Read the credit card agreement and the consumer rules of the arbitration forum.  Both AAA and JAMS limit consumer fees to the initial consumer filing fee.  In fact, that lawyer should also read those rules.

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5 minutes ago, BV80 said:
 

Read the credit card agreement and the consumer rules of the arbitration forum.  Both AAA and JAMS limit consumer fees to the initial consumer filing fee.  In fact, that lawyer should also read those rules.

The lawyer was very condescending and seemed irritated just by me mentioning arbitration. I referred to the cardholder agreement and He said,  "do what you want" and hung up.

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17 minutes ago, dontwearmasks said:

The lawyer was very condescending and seemed irritated just by me mentioning arbitration. I referred to the cardholder agreement and He said,  "do what you want" and hung up.

Which means he was irritated because he knew he didn’t know what he was talking about. 

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"Any arbitration hearing that you attend must take place at a location reasonably convenient to you. We will pay any and all fees of the Administrator and/or the arbitrator if applicable law requires us to, if you prevail in the arbitration or if we must bear such fees in order for this Arbitration Provision to be enforced. If you demand an arbitration, we will pay your reasonable attorneys’ and experts’ fees if you prevail or if we must bear such fees in order for this Arbitration Provision to be enforced. Also, we will bear any fees if applicable law requires us to."

I am trying to understand this from the cardholder agreement. It says they will pay costs if applicable laws require. Does that mean they may not have to pay depending on the state laws?

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1 minute ago, dontwearmasks said:
 
 

"Any arbitration hearing that you attend must take place at a location reasonably convenient to you. We will pay any and all fees of the Administrator and/or the arbitrator if applicable law requires us to, if you prevail in the arbitration or if we must bear such fees in order for this Arbitration Provision to be enforced. If you demand an arbitration, we will pay your reasonable attorneys’ and experts’ fees if you prevail or if we must bear such fees in order for this Arbitration Provision to be enforced. Also, we will bear any fees if applicable law requires us to."

I am trying to understand this from the cardholder agreement. It says they will pay costs if applicable laws require. Does that mean they may not have to pay depending on the state laws?

 

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