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legaleagle2012

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  1. In Connecticut you have to get the form from the court (costs about $150) and pay a sheriff to take it to the bank. It's only good once. They get tired after a while of spending upwards of $200 to get nothing. How do they find out where you bank? Debtor's exam, or they steal your garbage. Always shred anything with an account number on it, or burn it.
  2. Your contact will be with their lawyer. Ask them what they would be willing to do in a settlement. Don't expect any 10% crap, either. Lawyers don't play that game.
  3. Offer them whatever you feel comfortable with. Tell them that's all you have since you are disabled.
  4. Who are the original creditors? Give us a ballpark amount. For JDBs I always recommend private contractual arbitration (if there is that option in the card agreement) ; open one case for each account provided they are for different lenders. Each case will cost them around $6200 in initial fees; I've never seen them follow through and arbitrate. Each case will cost you $200 to file. If Midland et al refuse to arbitrate, you can threaten to take them to federal court and force them to arbitrate at a startup cost of $6200 times however many accounts they own. That gives you tremendous leverage, and usually ends up with them paying you instead of the other way around.
  5. The dispute is that they claim you owe them money, and you have a right per the contract to have the arb forum decide the issue. If you have some valid counterclaims, add those in as well. Just make sure they are valid.
  6. That comes later, after they refuse to arbitrate. The next step is a threat to file a petition to compel arb in federal court, where they will have to explain to a federal judge why they refuse to honor their own contract. That's usually when they write you a check and give you what you want just to get ride of you.
  7. Spend three days reading WA cases on Google Scholar. That sort of issue is procedural and is usually disposed of early on by motion. You claim SOL as a defense, the other side moves to strike the defense, and you get a decision from the court. Such issues are rarely the stuff of what appeals are made of. Virtually every WA lawyer on line who deals with consumer law says six years.
  8. You don't owe them an explanation. Just quote the part of the agreement that says you can elect arbitration to resolve any claim by either party.
  9. All you need is the first paragraph for validation. I would include a paragraph that says "I elect private contractual arbitration to resolve any issues, per the Synchrony agreement." Then open a case with AAA or JAMS, whichever is in the agreement. You'll probably never hear from Cavalry again; they are not going to lay out $6200 in unrecoverable arbitration fees to chase $900.
  10. Just so you know, arbitration is not an option with Cap One because they removed it from their agreements in 2010.
  11. Speaking of cats, or kitties, whatever happened to Icanhasmuny? Her avatar was a cat. Hasn't posted in many moons.
  12. They can collect; reporting does not have any effect. They said they are "considering" legal action; there goes your FDCPA suit. Send them a cease and desist and see if they violate it. One good FDCPA violation will just about wipe out the debt. Right now, you don't have one; nor do you have the arbitration card. You'll have to beat them the old fashioned way. They probably paid forty or fifty bucks for the account; anything above that is a profit. If the account "had errors," that may be something you could use as a defense and a POSSIBLE violation, mischaracterizing the amount of the debt. You need solid evidence that has an effect on the balance, then prove they knew about it or should have known about it but went ahead and tried to collect the higher amount.
  13. Print out a couple of copies and mail them one if you like. AAA will contact them anyway. I would put LVNV, it's a separate legal entity.
  14. I would put them into arbitration. Synchrony cards all have it, and they have to pay for it. The initial fees are $4800, and the first hearing is $1500 per hour with a 3 judge panel, all non-recoverable. Demand that you be allowed to pay this off and that they change the reporting accordingly. If they won't arbitrate, file a petition in federal court to compel them to arbitrate. They will soon tire of having you torture them and will give in.
  15. No, you have to print out the entire agreement or save it as a pdf file and upload it if they allow that, I printed mine out and mailed it when I dealt with them.

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