Midland Credit Management Lawsuit, Need advice please!

[Blue1234]

1.    Who is the named plaintiff in the suit?

Midland Credit Management

 

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

Clarkson and Hale

 

3. How much are you being sued for?

    $1356.24 and $2132.87

 

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

     Synchrony bank for both

 

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

    Court documents hand delivered to me at home. 

 

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

Given to me at home

 

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

I guess?

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

  Not sure

9. What state and county do you live in?

     Aiken County SC

 

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

      06/2019 and 07/2019

 

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

        06/2019 and 05/2015

 

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

       3 years

      

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

       Served?

 

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

        30 days

Did you receive an interrogatory (questionnaire) regarding the lawsuit?

No

 

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

A statement from OC, A notice required by the fair collections act, an affidavit of itemization of accounts

[Blue1234]

I was looking for advice on how to proceed. I have read some of the threads on arbitration. Should I try to go that route or should I contact the attorney and see if I can settle? 

[admin]

2 hours ago, Blue1234 said:

I was looking for advice on how to proceed. I have read some of the threads on arbitration. Should I try to go that route or should I contact the attorney and see if I can settle? 

@Blue1234Totally up to you on which way to go.  Can you post your arbitration clause here?  If you don't know where to find it try this:   https://www.consumerfinance.gov/credit-cards/agreements/ or www.cardmemberagreements.org.  

[Blue1234]

PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED. 1. CLAIMS AND PARTIES. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you (including any other user of your account), and us (including our parents, affiliates, agents, employees, officers, and assignees) that directly or indirectly arises from or relates to your account, your account Agreement or our relationship, except as noted below. In addition, dealers/merchants/retailers and/or any assignee, agent, or service provider of ours that collects amounts due on your account are intended beneficiaries of this Arbitration section and may enforce it in full (notwithstanding any state law to the contrary). 2. This Arbitration section broadly covers claims based upon contract, tort, consumer rights, fraud and other intentional torts, negligence, constitution, statute, regulation, ordinance, common law and equity and claims for money damages and injunctive or declaratory relief, even if they arose before this section took effect. You may not sell, assign or transfer a claim. 3. Examples of claims subject to arbitration are disputes about an account transaction, fees, charges or interest, the events leading up to the Agreement (such as any disclosures, advertisements, promotions or oral or written statements, warranties or representations made by us), an application for or denial of credit, any product or service provided by us or third parties in connection with the Agreement, credit reporting, benefit programs related to your account including any reward program, the collection of amounts due by our assignees, service providers, or agents and the manner of collection. 4. However, we will not require you to arbitrate any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court. Also, even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in any related or unrelated lawsuit, including modifying an individual claim to assert a class, representative or multi-party claim. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered. 5. Only a court will decide disputes about the validity, enforceability, coverage or scope of this Arbitration section or any part thereof. However, any dispute that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator to decide. 6. NO CLASS ACTIONS. IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT (A) TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER, OR (B) TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSONS EXCEPT ACCOUNTHOLDERS ON YOUR ACCOUNT. THUS, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER WHO IS NOT AN ACCOUNTHOLDER ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED IN A SINGLE ARBITRATION WITH ANY CLAIM YOU HAVE. 7. PROCEDURES. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be sent to Synchrony Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201-5320, ATTN: ARBITRATION DEMAND. The party seeking arbitration must select either the American Arbitration Association (AAA), 120 Broadway, Floor 21, New York, NY 10271, www.adr.org, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, to administer the arbitration. If neither administrator can handle the dispute, a court with jurisdiction will appoint an arbitrator. 8. The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years of legal experience. The arbitrator must apply the same law, consistent with the Federal Arbitration Act (FAA), that would apply to an individual action in court, but may use different procedural rules. The arbitrator will apply the same statutes of limitation and privileges that a court would apply if the matter were pending in court. 9. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). The parties will bear the fees and costs of their attorneys, witnesses and experts. However, the arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the Agreement, the administrator’s rules or applicable law. 10. The arbitration will take place by phone or at a location reasonably convenient to you. If you ask, we will pay all the fees the administrator or arbitrator charges if you cannot obtain a waiver of fees from the administrator and are acting in good faith. We will always pay arbitration costs required by the administrator’s rules or that are necessary for this Arbitration section to be enforced. 11. GOVERNING LAW. This Arbitration section is governed by the FAA. Utah law shall apply to the extent state law is relevant under the FAA, unless otherwise stated herein. The arbitrator’s award will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award. 12. SURVIVAL. This Arbitration section shall survive the repayment of all amounts owed, the termination, cancellation or suspension of the Agreement or your account or credit privileges, any legal proceeding, and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. If this Arbitration section conflicts with the applicable arbitration rules or the other provisions of the Agreement, this Arbitration section shall govern. 13. SEVERABILITY. If any portion of this Arbitration section is held to be invalid or unenforceable, the remaining portions shall nevertheless remain in force with the following two exceptions. First, if a determination is made that the “No Class Actions” provision is unenforceable, and that determination is not reversed on appeal, then this Arbitration section shall be void in its entirety. Second, if a court determines that a public injunctive relief claim may proceed notwithstanding the “No Class Actions” provision, and that determination is not reversed on appeal, then the public injunctive relief claim will be decided by a court, and any individual claims will be arbitrated. The parties will ask the court to stay the public injunctive relief claim until the other claims have been finally concluded. 14. HOW TO REJECT ARBITRATION. You may reject this Arbitration section. If you do that, a court will resolve any dispute or claim. To reject this section, send us a notice within 45 days after you open your account or we first provided you with your right to reject this section. The notice must include your name, address, account number, and personal signature, and must be mailed to Synchrony Bank, P.O. Box 965012, Orlando, FL 32896-5012. This is the only way you can reject this section. Rejecting this Arbitration section will not affect any other provision of the Agreement. It will also not affect any prior arbitration agreement or dispute resolution provision between you and us, which will remain in full force and effect. If you don’t reject this Arbitration section, it will be effective as of the date of the Agreement and will supersede any prior arbitration agreement between you and us that would otherwise be applicable.

[Blue1234]

Heres the other....

RESOLVING A DISPUTE WITH ARBITRATION PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED. 1. CLAIMS AND PARTIES. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you (including any other user of your account), and us (including our parents, affiliates, agents, employees, officers, and assignees, and PayPal, Inc. and its affiliates) that directly or indirectly arises from or relates to your account, your account Agreement or our relationship, except as noted below. In addition, any assignee, agent, or service provider of ours that collects amounts due on your account are intended beneficiaries of this Arbitration section and may enforce it in full (notwithstanding any state law to the contrary). 2. This Arbitration section broadly covers claims based upon contract, tort, consumer rights, fraud and other intentional torts, negligence, constitution, statute, regulation, ordinance, common law and equity and claims for money damages and injunctive or declaratory relief, even if they arose before this section took effect. You may not sell, assign or transfer a claim. 3. Examples of claims subject to arbitration are disputes about an account transaction, fees, charges or interest, the events leading up to the Agreement (such as any disclosures, advertisements, promotions or oral or written statements, warranties or representations made by us), an application for or denial of credit, any product or service provided by us or third parties in connection with the Agreement, credit reporting, benefit programs related to your account including any reward program, the collection of amounts due by our assignees, service providers, or agents and the manner of collection. 4. However, we will not require you to arbitrate any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court. Also, even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in any related or unrelated lawsuit, including modifying an individual claim to assert a class, representative or multi-party claim. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered. 5. Only a court will decide disputes about the validity, enforceability, coverage or scope of this Arbitration section or any part thereof. However, any dispute that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator to decide. 6. NO CLASS ACTIONS. IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT (A) TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER, OR (B) TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSONS EXCEPT ACCOUNTHOLDERS ON YOUR ACCOUNT. THUS, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER WHO IS NOT AN ACCOUNTHOLDER ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED IN A SINGLE ARBITRATION WITH ANY CLAIM YOU HAVE. 7. PROCEDURES. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be sent to Synchrony Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201-5320, ATTN: ARBITRATION DEMAND. The party seeking arbitration must select either the American Arbitration Association (AAA), 120 Broadway, Floor 21, New York, NY 10271, www.adr.org, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, to administer the arbitration. If neither administrator can handle the dispute, a court with jurisdiction will appoint an arbitrator. 8. The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years of legal experience. The arbitrator must apply the same law, consistent with the Federal Arbitration Act (FAA), that would apply to an individual action in court, but may use different procedural rules. The arbitrator will apply the same statutes of limitation and privileges that a court would apply if the matter were pending in court. 9. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). The parties will bear the fees and costs of their attorneys, witnesses and experts. However, the arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the Agreement, the administrator’s rules or applicable law. 10. The arbitration will take place by phone or at a location reasonably convenient to you. If you ask, we will pay all the fees the administrator or arbitrator charges if you cannot obtain a waiver of fees from the administrator and are acting in good faith. We will always pay arbitration costs required by the administrator’s rules or that are necessary for this Arbitration section to be enforced. 11. GOVERNING LAW. This Arbitration section is governed by the FAA. Utah law shall apply to the extent state law is relevant under the FAA, unless otherwise stated herein. The arbitrator’s award will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award. 12. SURVIVAL. This Arbitration section shall survive the repayment of all amounts owed, the termination, cancellation or suspension of the Agreement or your account or credit privileges, any legal proceeding, and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. If this Arbitration section conflicts with the applicable arbitration rules or the other provisions of the Agreement, this Arbitration section shall govern. 13. SEVERABILITY. If any portion of this Arbitration section is held to be invalid or unenforceable, the remaining portions shall nevertheless remain in force with the following two exceptions. First, if a determination is made that the “No Class Actions” provision is unenforceable, and that determination is not reversed on appeal, then this Arbitration section shall be void in its entirety. Second, if a court determines that a public injunctive relief claim may proceed notwithstanding the “No Class Actions” provision, and that determination is not reversed on appeal, then the public injunctive relief claim will be decided by a court, and any individual claims will be arbitrated. The parties will ask the court to stay the public injunctive relief claim until the other claims have been finally concluded. 14. HOW TO REJECT ARBITRATION. You may reject this Arbitration section. If you do that, a court will resolve any dispute or claim. To reject this section, send us a notice within 45 days after you open your account or we first provided you with your right to reject this section. The notice must include your name, address, account number, and personal signature, and must be mailed to Synchrony Bank, P.O. Box 965012, Orlando, FL 32896-5012. This is the only way you can reject this section. Rejecting this Arbitration section will not affect any other provision of the Agreement. It will also not affect any prior arbitration agreement or dispute resolution provision between you and us, which will remain in full force and effect. If you don’t reject this Arbitration section, it will be effective as of the date of the Agreement and will supersede any prior arbitration agreement between you and us that would otherwise be applicable

[Blue1234]

If I were to talk to the attorneys office and find out about settling could that be used as me admitting to the debt?

[BV80]

13 minutes ago, Blue1234 said:

If I were to talk to the attorneys office and find out about settling could that be used as me admitting to the debt?

No.  Settlement negotiations are not admissible in court.

South Carolina Rules of Evidence

RULE 408
COMPROMISE AND OFFERS TO COMPROMISE

Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or offering or promising to accept, a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount, is not admissible to prove liability for or invalidity of the claim or its amount. Evidence of conduct or statements made in compromise negotiations is likewise not admissible. This rule does not require the exclusion of any evidence otherwise discoverable merely because it is presented in the course of compromise negotiations. This rule also does not require exclusion when the evidence is offered for another purpose, such as proving bias or prejudice of a witness, negativing a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.

[BackFromTheDebt]

Synchrony is well known for having some of the more favorable (to the consumer) arbitration agreements.

Midland rarely follows into arbitration after a MTC.

You may be able to combine these cases into one arbitration, which would save you half of the arbitration filing fee. 

I am not clear if this is one law suit for two accounts, or two law suits for one account each.  If this is one law suit, it would make combining the cases easier.  

Even if this were two law suits, you could still probably combine the cases.  One time I was sued in two separate suits by a law firm for two cards from the same client (they were still with the OC).  I combined the cases into one arbitration.  Of course, they could object, and demand the cases be separate, but that would cost them more money.  

If I were you I would answer the way one normally answers with arbitration.  That is, an affirmative defense of improper venue accompanied by a MTC.  Even better if this is just one case.  Make sure to include BOTH entire agreements with the MTC.  

Of course, you can still negotiate.  But you are in a better position.  Consider asking them for a settlement of $250 for both accounts.  If they don't agree, then file the MTC, file in JAMS, and then ask for a settlement of a mutual walkaway if you have already paid your fees, or no more than $250 if you haven't.  

 

[Blue1234]

This is 2 lawsuits for 2 separate credit cards, but both were synchrony bank. How would I proceed with arbitration?

[womanonfire]

On 1/27/2021 at 1:43 PM, BackFromTheDebt said:

One time I was sued in two separate suits by a law firm for two cards from the same client (they were still with the OC).  I combined the cases into one arbitration.  Of course, they could object, and demand the cases be separate, but that would cost them more money.  

I thought that it was not advised to ask to arbitrate if the case is still with the OC?  

[womanonfire]

@Blue1234There was recent post from another person in South Carolina that won his case. Different OC but I think it would be very helpful in your situation.

 

[BackFromTheDebt]

28 minutes ago, womanonfire said:

I thought that it was not advised to ask to arbitrate if the case is still with the OC?  

That is not always the case. 

 

First, this was in the wild west days of arbitration.  The arbitration rules had changed quite a bit, and nobody knew how to handle it.  That was a big advantage to the consumer.  

I filed two cases (combined) against Citi.  They had filed in court against me, and in one case I filed before they filed in court.  Same law firm for both.  I had legitimate counter claims in both cases.  Both were settled before either of us paid any JAMS fees.

Cap 1 filed a case against me back in the days when they had an arbitration agreement.  I had legitimate counter claims against them.  Cap 1 walked away from that case.  I won.  I can say that, because we never had an agreement, so I never signed an NDA.  

I filed preemptive arbs against both Discover and AmEx.  In both cases I had legitimate counter claims.  Both were settled well into the arbitration procedure.  Discover and AmEx are notorious for fighting to the bitter end.  I gave them a reason not to.  I can't discuss the cases, because of NDA.  

The rule of thumb is that arbitration is more difficult against OCs than JDBs.  That is true, but not 100% of the time.  

The rule of thumb is that Discover and AmEx will fight to the bitter end.  That is generally the case, but sometimes they will settle before the hearing if they feel there is a good reason to settle.  

In those days, we were making the rules on arbitration.  Another CIC poster from my state, whose name I cannot mention, pretty much invented the arbitration strategy.  I was the second person in my state to use arbitration as a strategy.  For one of the biggest law firms, Rausch, I was only the second person to drag them into arbitration.  I knew the first guy, and he was in my state, so he was able to give me some advice until he signed his NDA.  

[Blue1234]

As for credit card agreements, are you bound by the terms of the original agreement, or do the terms update as you keep the card. For example, if I opened a card in 2015 and it was closed in 2019 what cc agreement would be valid? Also paypal credit was bought by synchrony in 2018 I think, would the agreement update then? I just want to make sure I am doing this right and have the right agreements. 

Second, I need to file an answer to the court very soon. Do I check that I contest the jurisdiction of the court, or  deny that I am responsible at all? And do I need to wait until I have an answer from the court to file with JAMS? 

Thanks for any help!

[womanonfire]

13 minutes ago, Blue1234 said:

As for credit card agreements, are you bound by the terms of the original agreement, or do the terms update as you keep the card. For example, if I opened a card in 2015 and it was closed in 2019 what cc agreement would be valid? Also paypal credit was bought by synchrony in 2018 I think, would the agreement update then? I just want to make sure I am doing this right and have the right agreements. 

I was not sure about this but I researched it and it is the agreement in place at the time that you defaulted. That's why you get those updated agreements in the mail. What I'm not sure about is how to calculate the date of default. I would think that it would be the day that you miss a payment if it's never brought current again. Perhaps @BackFromTheDebt @BV80 or @WhoCares1000 can help with this. 

The thread I linked you to should answer all of your other questions. 

[Blue1234]

I am reading the thread now. Where do I find old agreements? both accounts were charged off 2/2020 so they arent too old. the agreements from the link above are dated 6/20.

[WhoCares1000]

20 minutes ago, womanonfire said:

I was not sure about this but I researched it and it is the agreement in place at the time that you defaulted. That's why you get those updated agreements in the mail. What I'm not sure about is how to calculate the date of default. I would think that it would be the day that you miss a payment if it's never brought current again. Perhaps @BackFromTheDebt @BV80 or @WhoCares1000 can help with this. 

The thread I linked you to should answer all of your other questions. 

Date of first default would be 30 days after the date of the first payment that you did not make in full. For example, if you had a payment due on January 5th and you did not make it, today would be the date of first default. If you don't catch up the account at this point, this is the date that matters regarding what agreement was in effect at the time you defaulted.

[WhoCares1000]

18 minutes ago, Blue1234 said:

I am reading the thread now. Where do I find old agreements? both accounts were charged off 2/2020 so they arent too old. the agreements from the link above are dated 6/20.

The CFPB website has all credit card agreements from what the banks were required to give them to the government. They would have the agreement from 2/2020.

[Blue1234]

Where do I find the MTC form? I cant seem to find it on the SC courts websites. Is that where it should be?

 

[womanonfire]

36 minutes ago, Blue1234 said:

Where do I find the MTC form? I cant seem to find it on the SC courts websites. Is that where it should be?

 

No, you have to type it up using the examples provided in the other post and elsewhere. 

[WillingtoFight593]

On 2/4/2021 at 12:42 PM, Blue1234 said:

Where do I find the MTC form? I cant seem to find it on the SC courts websites. Is that where it should be?

 

I have examples in my thread of MTC and I think even the affidavit I used. The affidavit is really just a statement that you’re you and to your knowledge this credit agreement is accurate and the correct agreement, and I went and had mine notarized. Choose your agreement carefully. They didn’t pay all that much attention to the date on mine, but they definitely did the language, which is why the judge ruled in my favor and granted the MTC.

[Blue1234]

I have read through your thread a couple times to make sure I am doing everything right. I have looked at your MTC and plan on altering it and using it. I will look back through and see if i can find the affidavit. So, when you filed your answer with the court you also gave them your MTC and affidavit, is that all? And then just wait for a court date? I plan to finish my MTC today and I will post it for yall to check over. I already have my cc agreements printed and they seem to work in my favor. Ill paste below. I am ready to get this over with. Thanks everyone for all of your help! 

PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED.

1. CLAIMS AND PARTIES. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you (including any other user of your account), and us (including our parents, affiliates, agents, employees, officers, and assignees) that directly or indirectly arises from or relates to your account, your account Agreement or our relationship, except as noted below. In addition, dealers/merchants/retailers and/or any assignee, agent, or service provider of ours that collects amounts due on your account are intended beneficiaries of this Arbitration section and may enforce it in full (notwithstanding any state law to the contrary).

2. This Arbitration section broadly covers claims based upon contract, tort, consumer rights, fraud and other intentional torts, negligence, constitution, statute, regulation, ordinance, common law and equity and claims for money damages and injunctive or declaratory relief, even if they arose before this section took effect. You may not sell, assign or transfer a claim.

3. Examples of claims subject to arbitration are disputes about an account transaction, fees, charges or interest, the events leading up to the Agreement (such as any disclosures, advertisements, promotions or oral or written statements, warranties or representations made by us), an application for or denial of credit, any product or service provided by us or third parties in connection with the Agreement, credit reporting, benefit programs related to your account including any reward program, the collection of amounts due by our assignees, service providers, or agents and the manner of collection.

4. However, we will not require you to arbitrate any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court. Also, even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in any related or unrelated lawsuit, including modifying an individual claim to assert a class, representative or multi-party claim. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered.

5. Only a court will decide disputes about the validity, enforceability, coverage or scope of this Arbitration section or any part thereof. However, any dispute that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator to decide.

6. NO CLASS ACTIONS. IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT (A) TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER, OR (B) TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSONS EXCEPT ACCOUNTHOLDERS ON YOUR ACCOUNT. THUS, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER WHO IS NOT ANACCOUNTHOLDER ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED IN A SINGLE ARBITRATION WITH ANY CLAIM YOU HAVE.

7. PROCEDURES. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be sent to Synchrony Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201-5320, ATTN: ARBITRATION DEMAND. The party seeking arbitration must select either the American Arbitration Association (AAA), 120 Broadway, Floor 21, New York, NY 10271, www.adr.org, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, to administer the arbitration. If neither administrator can handle the dispute, a court with jurisdiction will appoint an arbitrator.

8. The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years of legal experience. The arbitrator must apply the same law, consistent with the Federal Arbitration Act (FAA), that would apply to an individual action in court, but may use different procedural rules. The arbitrator will apply the same statutes of limitation and privileges that a court would apply if the matter were pending in court.

9. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). The parties will bear the fees and costs of their attorneys, witnesses and experts. However, the arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the Agreement, the administrator’s rules or applicable law.

10. The arbitration will take place by phone or at a location reasonably convenient to you. If you ask, we will pay all the fees the administrator or arbitrator charges if you cannot obtain a waiver of fees from the administrator and are acting in good faith. We will always pay arbitration costs required by the administrator’s rules or that are necessary for this Arbitration section to be enforced.

11. GOVERNING LAW. This Arbitration section is governed by the FAA. Utah law shall apply to the extent state law is relevant under the FAA, unless otherwise stated herein. The arbitrator’s award will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award.

12. SURVIVAL. This Arbitration section shall survive the repayment of all amounts owed, the termination, cancellation or suspension of the Agreement or your account or credit privileges, any legal proceeding, and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. If this Arbitration section conflicts with the applicable arbitration rules or the other provisions of the Agreement, this Arbitration section shall govern.

13. SEVERABILITY. If any portion of this Arbitration section is held to be invalid or unenforceable, the remaining portions shall nevertheless remain in force with the following two exceptions. First, if a determination is made that the “No Class Actions” provision is unenforceable, and that determination is not reversed on appeal, then this Arbitration section shall be void in its entirety. Second, if a court determines that a public injunctive relief claim may proceed notwithstanding the “No Class Actions” provision, and that determination is not reversed on appeal, then the public injunctive relief claim will be decided by a court, and any individual claims will be arbitrated. The parties will ask the court to stay the public injunctive relief claim until the other claims have been finally concluded.

14. HOW TO REJECT ARBITRATION. You may reject this Arbitration section. If you do that, a court will resolve any dispute or claim. To reject this section, send us a notice within 45 days after you open your account or we first provided you with your right to reject this section. The notice must include your name, address, account number, and personal signature, and must be mailed to Synchrony Bank, P.O. Box 965012, Orlando, FL 32896-5012. This is the only way you can reject this section. Rejecting this Arbitration section will not affect any other provision of the Agreement. It will also not affect any prior arbitration agreement or dispute resolution provision between you and us, which will remain in full force and effect. If you don’t reject this Arbitration section, it will be effective as of the date of the Agreement and will supersede any prior arbitration agreement between you and us that would otherwise be applicable.

[Blue1234]

I am going to upload my MTC and affidavit here. Can any of you look over and tell me if they look ok? Is there anything that I should add to the MTC based on the cc agreement above? Thank you all! I feel pretty good about this considering I'm learning as I go. I hope to deliver this on Wednesday. @BV80 @WillingtoFight593 @womanonfire @WhoCares1000 @BackFromTheDebt

MTC1.doc Affidavit.docx

[BackFromTheDebt]

Looks good. 

[Blue1234]

@WillingtoFight593Did you send a copy of everything to the Attorney?

 

[Blue1234]

Okay well I dropped everything off with the clerk of court today. She said they are not doing in person trials right now because of covid and they aren't doing summons and complaints cases virtually, so I'll have to wait until they can open back up for a trial. Hopefully they will decide to do it virtually anyway, but we will see.