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I got a letter from LVNV to start court proceedings. I’m not sure how this works and I have been on internet all night looking for answers. This has been the most helpful. I’m in Ohio the original creditor was Credit One Bank. The amount is $1045. From what I have read I’m assuming I need to motion for arbitration? I don’t have the money for an attorney, so I’m trying to do what I can myself. I’m not really sure how to go about it, this is all new to me. If anyone can please help I would greatly appreciate it. 

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4 hours ago, Lifehappens said:

I got a letter from LVNV to start court proceedings.

Did you get a "pre-legal" letter or an actual summons?  There is a big difference.  If it is a letter stating they sent your file to an attorney for review then you need to send a debt validation letter within 30 days of when you got it.  That buys you a little time.  If you got a summons because they already sued then you need to answer to the court.

4 hours ago, Lifehappens said:

From what I have read I’m assuming I need to motion for arbitration?

CreditOne has a carve out for debt cases in small claims court and the amount of yours puts the case squarely in small claims in OH and arbitration would not be an option. If they do sue your options are to defend yourself if you cannot afford a lawyer, file bankruptcy if you qualify or settle.

 

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2 hours ago, Clydesmom said:

Did you get a "pre-legal" letter or an actual summons?  There is a big difference.  If it is a letter stating they sent your file to an attorney for review then you need to send a debt validation letter within 30 days of when you got it.  That buys you a little time.  If you got a summons because they already sued then you need to answer to the court.

CreditOne has a carve out for debt cases in small claims court and the amount of yours puts the case squarely in small claims in OH and arbitration would not be an option. If they do sue your options are to defend yourself if you cannot afford a lawyer, file bankruptcy if you qualify or settle.

 

This is a big reason why it makes a difference whether a case has been filed. 
 

If a case has been filed, arbitration is out of the picture. 
 

If this is a letter saying the matter has been sent to an attorney, arbitration is possible for a short time. I won against a similar situation with a different creditor by filing in arbitration right before they filed in small claims court. 
 

Small claims exemptions are one of the few times to file in arbitration before a court case is filed 

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2 hours ago, nobk4me said:

JDBs can't use small claims court in Ohio.  So arbitration is your best bet.

A quick search of Ohio code shows there is a small claims court and it allows Attorneys and covers claims up to $6000. 

Section 1925.01 | Small claims division established.

Ohio Revised Code

/

Title 19 Courts-Municipal-Mayor's-County

/

Chapter 1925 Small Claims Divisions

 

Effective:

October 17, 1996

Latest Legislation:

House Bill 377 - 121st General Assembly

(A) Each municipal and county court shall establish a small claims division.

(B) Proceedings in the small claims division of a municipal court or a county court may be conducted by a magistrate appointed by the court. The magistrate shall be a person admitted to the practice of law in this state and shall receive the annual compensation that the court prescribes. In the case of a municipal court magistrate, the compensation shall be payable from the same sources and in the same manner as provided in section 1901.11 of the Revised Code. A part-time village solicitor or city director of law or part-time assistant village solicitor or city director of law of any municipal corporation may be appointed as a magistrate, serve in any case in which the municipal corporation is not an interested party, and receive the prescribed compensation.

(C) Except in the Cleveland municipal court, the court may appoint an administrative assistant for the small claims division, who shall perform the duties that are assigned by the court. In the Cleveland municipal court, the clerk of the court is the administrative assistant for the small claims division and shall perform the duties in that capacity that are assigned by the court.

(D) The appearance of an attorney at law on behalf of any party is permitted but not required. Notice to the attorney of record for a party is equivalent to notice to the party.

(E) The court may establish, by rule, procedures for hearing actions in the small claims division during evening hours on one weekday, or on Saturday. A division that has established voluntary conciliation procedures under section 1925.03 of the Revised Code may devote a portion of its evening or Saturday hours to conciliation procedures.

(F) A municipal or county court that has over two hundred fifty thousand persons within its territorial jurisdiction may establish neighborhood offices of the small claims division and may establish, by rule, times and procedures for holding sessions of the division at the neighborhood offices. If neighborhood offices are established, the legislative authority of the municipal court establishing the office, as defined in section 1901.03 of the Revised Code, and the board of county commissioners of the county in which the county court establishing the office is located may provide suitable accommodations and facilities for the neighborhood offices, as provided in sections 1901.36 and 1907.19 of the Revised Code.

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You need to read Sec. 1925.02:

https://codes.ohio.gov/ohio-revised-code/section-1925.02

 

Specifically, 

(2)(a) A small claims division does not have jurisdiction in any of the following:

(i) Libel, slander, replevin, malicious prosecution, and abuse of process actions;

(ii) Actions on any claim brought by an assignee or agent, except a claim to recover taxes that is filed by any authorized employee of a political subdivision or any authorized officer or employee of the state or a claim filed by a person designated under section 1925.18 of the Revised Code to act as the representative of a prosecuting attorney;

Emphasis added.  A JDB is an assignee.

 

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I’m so sorry guys I been looking online and reading trying to figure out my options. It’s already filed, it’s with Steigner & Steigner. I appreciate your advice even though my reply is late. Im going Monday to answer to court. I guess I’ll file for arbitration then. 

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What kind of court is this?

As long as it is not small claims, your strategy appears to be your best bet. 
 

I don’t know what you meant my a late reply.  If you mean you missed the deadline for filing an answer, you may or may not face a default judgment. OR, the judge may still allow your MTC.  Only one way to find out 

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’m so sorry guys I been looking online and reading trying to figure out my options.

It’s already filed, it’s with Steigner & Steigner. (what has been filed complaint or Answer?"

I appreciate your advice even though my reply is late. what is late?

Im going Monday to answer to court. I interpret this to mean you haven't filed answer but will be filing in person tomorrow.

 I guess I’ll file for arbitration then.  you have time to file Motion for arbitration. Just file answer stating your defense is to file Contractual Arbitration per contract. 

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On 10/23/2021 at 9:35 PM, Lifehappens said:

I’m so sorry guys I been looking online and reading trying to figure out my options. It’s already filed, it’s with Steigner & Steigner. I appreciate your advice even though my reply is late. Im going Monday to answer to court. I guess I’ll file for arbitration then. 

Do you have a deadline that requires to you file an answer with the court on Monday?  If not, I'd recommend getting some advice here before you take your next step.  Do you even know what a Motion for Arbitration is?

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I honesty don’t know anything. I didn’t go to the court on Monday because I wasn’t quite sure what to do. I reread my papers it says a complaint has been filed I have 28 days from date of receipt to respond to their attorney, and 3 days after to respond to the courtimage.thumb.jpg.06f54900ee695110aafb134a0fd4a2e2.jpg.  I got it on the 18 I just don’t want to wait until last minute.

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On 10/24/2021 at 6:59 PM, Bulldoger said:

’m so sorry guys I been looking online and reading trying to figure out my options.

It’s already filed, it’s with Steigner & Steigner. (what has been filed complaint or Answer?"

I appreciate your advice even though my reply is late. what is late?

Im going Monday to answer to court. I interpret this to mean you haven't filed answer but will be filing in person tomorrow.

 I guess I’ll file for arbitration then.  you have time to file Motion for arbitration. Just file answer stating your defense is to file Contractual Arbitration per contract. 

A complaint was filed. My reply was last in here to everyone. I guess I wasn’t very clear.

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