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Arbitration”), including all questions of law or fact related thereto.
1. Agreement to Arbitrate
Either you or we may elect in writing, and without the consent of the other, to arbitrate all Claims covered by this provision.
2. Claims Covered By Arbitration
Claims subject to our agreement to arbitrate shall include all of the following: (i) Claims related to or arising out of this Agreement, or any prior or later versions of this Agreement as well as any changes to the terms of this Agreement; (ii) Claims related to or arising out of any aspect of any relationship between us that is governed by this account Agreement, whether based in contract, tort, statute, regulation, or any other legal theory; and (iii) Claims that relate to the construction, scope, applicability, or enforceability of this arbitration provision. Claims include Claims that arose before we entered into this Agreement (such as Claims related to advertising) and after termination of this Agreement.
3. Claims Not Covered by Arbitration
Claims subject to our agreement to arbitrate shall not include any Claim you file in a small claims court, so long as the Claim remains in such court and advances only an individual claim for relief.
4. Commencing an Arbitration
The party initiating arbitration must choose one of the following arbitration forums to administer the arbitration:
 The American Arbitration Association (“AAA”) under AAA’s Consumer Arbitration Rules, except as modified by this
account Agreement. AAA’s Rules may be obtained from www.adr.org or 1-800-778-7879 (toll-free).
 JAMS/Endispute (“JAMS”) under JAMS’ Comprehensive Arbitration Rules & Procedures or Streamlined Arbitration
Rules & Procedures, including JAMS’ Consumer Minimum Standards, except as modified by this account Agreement. JAMS’ Class Action Procedures shall not apply. JAMS’ rules may be obtained from www.jamsadr.com or 1-800-352- 5267 (toll free).
If the chosen arbitration forum is for any reason unable to serve, then the parties may agree to a comparable substitute organization. If the parties are unable to agree, then a court of competent jurisdiction shall appoint a substitute organization.
5. Arbitration Procedure
The arbitration shall be decided by a single neutral arbitrator selected in accordance with AAA’s or JAMS’ rules, as applicable. The arbitrator will decide the dispute in accordance with the terms of our Agreement and applicable substantive law, including the Federal Arbitration Act and applicable statutes of limitation. The arbitrator shall honor claims of privilege recognized at law. The arbitrator may award damages or other relief (including injunctive relief) available to the individual claimant under applicable law. The arbitrator will not have the authority to award relief to, or against, any person or entity who is not a party to the arbitration. The arbitrator will take reasonable steps to protect customer account information and other proprietary or confidential information. Any arbitration hearing shall take place in the federal judicial district that includes your home address, unless you and we agree in writing to a different location or the arbitrator so orders. If all Claims are for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing in accordance with AAA’s or JAMS’ rules.
At your or our request, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s award shall be final and binding, subject to judicial review only to the extent allowed under the Federal Arbitration Act. You or we may seek to have the award vacated or confirmed and entered as a judgment in any court having jurisdiction.
6. No Class Action or Joinder of Parties
You and we agree that no class action, private attorney general, or other representative claims may be pursued in arbitration, nor may such action be pursued in court if either you or we elect arbitration. Unless mutually agreed to by you and us, Claims of two or more persons may not be joined, consolidated, or otherwise brought together in the same arbitration (unless those persons are joint account owners or beneficiaries on your account and/or related accounts, or parties to a single transaction or related transaction). If this specific paragraph is determined by the arbitrator to be unenforceable, then this entire provision shall be null and void.
7. Arbitration Costs
Unless the applicable arbitration rules at the time of filing a Claim are more favorable to you, we will advance (i) all arbitration costs in an arbitration that we commence, and (ii) the first $2,500 in arbitration filing, administration, and arbitrator’s fees in an arbitration that you commence. To the extent allowed by applicable law and our agreements, the arbitrator may award arbitration costs and attorneys’ fees to the prevailing party.
  8. Applicable Law

You and we agree that you and we are participating in transactions that involve interstate commerce and that this provision and any resulting arbitration are governed by the Federal Arbitration Act. To the extent state law applies, the laws of the state governing your account relationship apply. No state statute pertaining to arbitration shall apply.
9. Severability
Except as this provision otherwise provides, if any part of this provision is deemed to be invalid or unenforceable by the arbitrator, that part will be severed from the remainder of this provision and the remainder of this provision will be enforced

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1 hour ago, admin said:

I'm confused, did you already pay them something?  Did you get your summons?  If you didn't I suggest to stop avoiding it.  

I’m not avoiding it. I gave them my address so they can come to my house, the first time the lady said she could not help with that. Finally I called again and some lady said she would try to sort that out....well they came yesterday but I was at work...I don’t know where anyone got the idea I was trying to avoid it?!?! So hopefully they come today and I will be home. I have not paid anything. Like I said before i took the lump sum instead of the $100 a month and they agreed to let me pay two payments to pay off the settled balance.  I’m waiting on an agreement and hopefully I get my summones. As u can tell from my desperate constant questions I’m ready to get this done, I might not have knowledge in court and laws but I know AVOIDING will prolong this and that’s the last thing I want.

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Based on that agreement, arbitration is an option. I suggest reading the arbitration forum so that you understand what you need to do to use that option. It is not easy but if H&H is indeed pulling you chain, it will put you in the drivers seat for negotiations.

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5 hours ago, Ddjcplus4 said:

@WhoCares1000 @admin 

can I send payment priority with confirmation? If I send certified, I fear they won’t sign or it will be delayed. 

If they refuse to sign, you will get the letter back and when discovery happens, you can present that to the judge who would not be happy.

You need proof that they received it. Otherwise they will say that they did not receive it and you will have no real tangible proof otherwise.

And if they say not on time, simply file your answer and renegotiate on the courthouse steps with a real lawyer rather than a debt collector claiming to be a paralegal. You can settle a debt anytime before the judge says "I have reached a decision."

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@admin thanks for all you’ve helped me with! I have sent payment to h&h via priority mail with delivery confirmation. I now need to respond to the summons but am unsure which form to use. Do I inform the court that payment has been made and dismiss? Or acknowledgment of satisfaction of judgment? How does that work? I know I need to get forms but just don’t want get the wrong ones. Thanks In advance 

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You use the form that I posted earlier in this thread. When you fill it out, in the part where is says affirmative defenses (3rd large box down), you put in "Accord and Satisfaction" that the parties came to a settlement and you include a copy of the settlement letter and a copy of the bank check.

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You fill in the entire form. In the admit box, you admit to the stuff that you are not fighting, usually your name and address. In the deny box, you deny any thing you did not admit. In the affirmative defenses box, you put in "Accord and Satisfaction." Since you are sending proof (documents) with your answer, you will have exhibits. Each document is a different exhibit so you should have 2 at this time (the agreement and the bank check receipt). Therefore you attach copies of each.

You create 3 copies and take them all to the courthouse to have them stamped. One copy is kept by the courthouse, one is sent to H&H, certified mail return receipt delivery green card, and one is kept by you. You then fill out another form which is an affidavit of service for the answer that you also file with the court.

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On 1/17/2021 at 10:53 AM, Ddjcplus4 said:

@admin thanks for all you’ve helped me with! I have sent payment to h&h via priority mail with delivery confirmation. I now need to respond to the summons but am unsure which form to use. Do I inform the court that payment has been made and dismiss? Or acknowledgment of satisfaction of judgment? How does that work? I know I need to get forms but just don’t want get the wrong ones. Thanks In advance 

@Ddjcplus4 It would be really helpful if you would post your summons here.  

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That is a good agreement. I would send out the first payment ASAP. Make a copy of the agreement, get a bank check, staple the receipt of the bank check to your copy and send the actual check with a copy of the agreement signed by you to H&H Certified Mail Return Receipt Requested (CMRRR) green card style. The Post Office can help you with that. When you get the green card back, staple that to your copy of the agreement. Do the same thing with the 2nd payment.

Now I assume you have not been served yet. I would continue to prepare for lawsuit so that you can file an answer when you are served to preserve your rights. You have the agreement. If the process server still cannot find you, have a friend go to the court to get a copy of the summons and complaint so that you know what you are getting into and have an answer ready to file.

If you have been served, then you need to file an answer within 20 days of service.

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5 hours ago, WhoCares1000 said:

That is a good agreement. I would send out the first payment ASAP. Make a copy of the agreement, get a bank check, staple the receipt of the bank check to your copy and send the actual check with a copy of the agreement signed by you to H&H Certified Mail Return Receipt Requested (CMRRR) green card style. The Post Office can help you with that. When you get the green card back, staple that to your copy of the agreement. Do the same thing with the 2nd payment.

Now I assume you have not been served yet. I would continue to prepare for lawsuit so that you can file an answer when you are served to preserve your rights. You have the agreement. If the process server still cannot find you, have a friend go to the court to get a copy of the summons and complaint so that you know what you are getting into and have an answer ready to file.

If you have been served, then you need to file an answer within 20 days of service.

I have not been served!!! They came to my house a week ago and the guy said he would be back...it’s been a week. I check the court website I only see court case number and date filed. Thanks for your help I will send asap

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6 minutes ago, Ddjcplus4 said:

@admin @WhoCares1000 Hi! I’m filing out the response and do I check box 3b. And do I explore in words what I deny? How do I explain what is false? And do I check boxes 2,5,6 or do I leave blank. I can post if I need to. Thanks y’all 

Can you post the whole thing?  I don't know what box 3b is.  @Ddjcplus4

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@Ddjcplus4 What about the summons?  Can you post that?  Here is something to read that should show you what to answer.  In general you admit that 1) you are who they say you are and b) they are who they say they are and deny the rest.  You can write up your own response, as well, you don't need to use their form.  

https://www.creditinfocenter.com/legal/ive-been-sued.shtml

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