Crazynstupid321 Posted December 14, 2022 Report Share Posted December 14, 2022 Hello all you lovely people. After successfully settling a prior lawsuit with a MTC arb, I have been served another summons by another JDB. Cardholder agreement does have an arb clause. Wondering if anyone has any advice to offer here? Due to the amount of the suit, I was considering hiring a lawyer that deals with JDB lawsuits, and has great reviews from previous clients. However I'd love a perspective before I start making decisions here. 1. Who is the named plaintiff in the suit? Sp*ing 0aks Capita* SPV, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) None listed, just the name of attorney 3. How much are you being sued for? $3627.78 4. Who is the original creditor? (if not the Plaintiff) Upgrade Inc. (Cross River Bank) 5. How do you know you are being sued? (You were served, right?) Served with a Summons 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Believe some phone calls were made that were never answered 9. What state and county do you live in? Polk County, FL 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Not outside SOL (05/2021 was last payment date) 11. When did you open the account (looking to establish what card agreement may be applicable)? 2020 12. What is the SOL on the debt? To find out: 5 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). Suit 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. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Appearance in court necessary by 1/11/23. Answer or Motion is not needed and does not excuse court appearance. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Bill of Sale from Upgrade and Spring Oaks Capital with over 4 pages of signatures front and back Loan Agreement and Promissory Note from original creditor with an e signature Original Borrower Agreement Creditor Terms of Use Statements of payments made, including last payment made to creditor Quote Link to comment Share on other sites More sharing options...
Bulldoger Posted December 15, 2022 Report Share Posted December 15, 2022 Make sure agreement is complete agreement, sometimes the JDB leaves it out when filing complaint. If you have original copy look through that you may be just find an arbitration page that was left out. I would have consultation with attorney your thinking of using he probably has dealt with the attorney suing and they have a standard settlement arrangement that makes case go away quickly an for an amount you save money and plaintiff makes money. Quote Link to comment Share on other sites More sharing options...
Crazynstupid321 Posted December 15, 2022 Author Report Share Posted December 15, 2022 Think I will contact that attorney, the agreement is the complete agreement, I think you misread. It does have an arbitration clause in it. So I could go the route of drafting another MTC arb. Just wondering about experience with this specific JDB and going through the arb motions Quote Link to comment Share on other sites More sharing options...
nobk4me Posted December 15, 2022 Report Share Posted December 15, 2022 I've never heard of that particular JDB, but the general experience here is that most JDBs will fold when faced with arb. (Some OCs will too, especially if the amount of the debt is low.) I would file the MTC Arb (not an answer, since you are in Florida), and see what happens. If it doesn't work, you can always settle later. Quote Link to comment Share on other sites More sharing options...
Bulldoger Posted December 16, 2022 Report Share Posted December 16, 2022 Yep I missed read. , they are new small company only operating for 3 years, They are VA company so they have to contact with Ohio firm. My opinion is that there is very very very small chance they would arbitrate. They may agree at first not knowing the fee structure then try to back out. Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted December 16, 2022 Report Share Posted December 16, 2022 8 hours ago, nobk4me said: I've never heard of that particular JDB, but the general experience here is that most JDBs will fold when faced with arb. (Some OCs will too, especially if the amount of the debt is low.) I would file the MTC Arb (not an answer, since you are in Florida), and see what happens. If it doesn't work, you can always settle later. Really need to emphasize Florida arbitration rules are different. Follow instructions precisely. File an MTC and NO ANSWER Quote Link to comment Share on other sites More sharing options...
iluv2write Posted December 26, 2022 Report Share Posted December 26, 2022 I got sued by a junk debt buyer for credit card debt about a year ago. The amount they claimed I owed was a little more than what the junk debt buyer in your case is demanding. The alleged debt i was sued for was more than $4000 but less than $5000. I filed a motion to compel private arbitration in response to the lawsuit. I did not hire an attorney. Soon afterwards, the junk debt buyer had me sign an agreement for a mutual dismissal with prejudice. I didn’t pay the junk debt buyer one penny, the junk debt buyer dropped their case against me, and the debt came off of my credit report. The outcome was as good as I could have hoped for. Based on my experience and what others have posted here, I believe you can do this on your own without an attorney. The junk debt buyer in your case very likely paid less than $300 for your debt. It will cost them thousands of dollars to pay all of the arbitration fees and attorney fees to continue to prosecute the case once private arbitration is approved by the court. Junk debt buyers generally are looking for easy default judgements, they do not want to spend a lot of time to fight defendants that will cost them a lot of time and money. Quote Link to comment Share on other sites More sharing options...
Crazynstupid321 Posted December 27, 2022 Author Report Share Posted December 27, 2022 22 hours ago, iluv2write said: I got sued by a junk debt buyer for credit card debt about a year ago. The amount they claimed I owed was a little more than what the junk debt buyer in your case is demanding. The alleged debt i was sued for was more than $4000 but less than $5000. I filed a motion to compel private arbitration in response to the lawsuit. I did not hire an attorney. Soon afterwards, the junk debt buyer had me sign an agreement for a mutual dismissal with prejudice. I didn’t pay the junk debt buyer one penny, the junk debt buyer dropped their case against me, and the debt came off of my credit report. The outcome was as good as I could have hoped for. Based on my experience and what others have posted here, I believe you can do this on your own without an attorney. The junk debt buyer in your case very likely paid less than $300 for your debt. It will cost them thousands of dollars to pay all of the arbitration fees and attorney fees to continue to prosecute the case once private arbitration is approved by the court. Junk debt buyers generally are looking for easy default judgements, they do not want to spend a lot of time to fight defendants that will cost them a lot of time and money. Thanks for your advice. I have successfully gotten a settlement with a previous JDB using an MTC arb, given the amount I just didn't know if I should pursue the same avenue. Filed my MTC a few days. In FL you still have to show up to the pre-trial conference which is in a few weeks so we'll see what happens before then. Quote Link to comment Share on other sites More sharing options...
Crazynstupid321 Posted January 12 Author Report Share Posted January 12 Pre-Trial conference passed, opposing attorney was not present, had representative instead, when asking court to grant MTC, they said I would need to schedule a hearing for the judge to hear the MTC. No one gave me a straight answer on how to request this hearing. They postponed the pre-trial conference. Any advice? Should I file a Motion for Continuance? How does one regularly request a hearing from the judge presiding over the case. Quote Link to comment Share on other sites More sharing options...
nobk4me Posted January 12 Report Share Posted January 12 Have you tried asking the court clerk? Quote Link to comment Share on other sites More sharing options...
Crazynstupid321 Posted January 12 Author Report Share Posted January 12 I have and they were useless. They told me a date had been set but that's clearly for the pre-trial conference. One clerk said I have to go submit paperwork but when I went to the court, the clerk representative told me the same thing about the pre-trial conference Quote Link to comment Share on other sites More sharing options...
BV80 Posted January 12 Report Share Posted January 12 53 minutes ago, Crazynstupid321 said: I have and they were useless. They told me a date had been set but that's clearly for the pre-trial conference. One clerk said I have to go submit paperwork but when I went to the court, the clerk representative told me the same thing about the pre-trial conference This may not be your county, but the rules may be similar and could give you an idea of what to do. http://www.ca.cjis20.org/pdf/judge/Hardt_ office_procedures.pdf Quote Link to comment Share on other sites More sharing options...
Bulldoger Posted January 12 Report Share Posted January 12 Polk small claims does not have a form. I found one general from https://www.flcourts.gov/content/download/685873/file_pdf/923.pdf You must schedule your Motion for a Hearing before the assigned Judge . You must coordinate a mutually agreeable time and date for the Hearing, (Call clerk find out what dates and time are available for hearing get a few then call attorney see if one works for them then call clerk and have them earmark to your case. Date must be no less than five working days advance Notice of Hearing to the opposing party or attorney, in writing. Quote Link to comment Share on other sites More sharing options...
Crazynstupid321 Posted January 13 Author Report Share Posted January 13 Thanks for the advice guys! I ended up finding the presiding judge and reaching out to their judicial assistant who has helped me schedule a hearing. Thanks again! 2nd lawsuit in two months, this is some heavy duty work. Quote Link to comment Share on other sites More sharing options...
Crazynstupid321 Posted February 28 Author Report Share Posted February 28 Current update: The Motion was granted, and demand was sent. Filed a case with JAMS, who requested the $250 filing fee. $250 filing fee was paid, currently pending payment from JDB for $1750. What have you guys seen happen based on prior experiences, any next steps I should take? Quote Link to comment Share on other sites More sharing options...
nobk4me Posted February 28 Report Share Posted February 28 2 hours ago, Crazynstupid321 said: What have you guys seen happen based on prior experiences Usually the JDB will decline to pay the arb fees, JAMS will close the case, eventually, and the court case will be dismissed, either on their motion or yours. If they do pay the arb fees, then you will have to proceed with the case in JAMS. The next move is up to them. And, congrats on your MTC Arb being granted. Quote Link to comment Share on other sites More sharing options...
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