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  1. As far as assets, can you form an LLC and have family member transfer assets to it instead of to you personally? Obviously, you'll need to speak with an attorney (I believe creditors may be able to "pierce the corporate veil" in some cases but it's worth an ask?
  2. Also the Comenity agreement says consumer has to notify them of intent to arbitrate with preferred arbitration org. Does this apply to JDB as well?
  3. Oy I was desperately trying to find the connection between the order, affidavit and arbitration! Ok got it. I don't need to file anything with the court system. The "you don't need a reason" part, the DEMAND FOR ARBITRATION Form asks you to briefly explain the dispute. I think another CB user commented something like "violated FDCPA" would suffice? You don't need to go into detail any further? They won't consider that frivolous? Don't beat me up I know I have a million questions!
  4. I feel really good about it. I’m shocked they’d have consumers back who burn them. Even after repayment. So I’m grateful!
  5. Just got off of the phone with them! Committed to paying in full for a credit line of $1,400. The LAST thing I want to worry about is another suit. Also, THANK YOU for all of your help!
  6. I've literally buried myself in this the past 24 hours. I literally can only find one, undated Carsons specific Comenity credit card agreement. I'm wondering if I log into my account if I would be able to download it or if that would just make them raise their antennas. The undated cc agreement does not mention binding arbitration. Actually, binding is no where in the agreement at all. I'm wondering if that makes a difference. Does this mean consumers are stuck with court appointed arb only? This cc agreement I found also requires that you can select the Administrator if you give us written notice of your selection with your notice that you are electing to arbitrate any Claim or within 20 days after we give you notice that we are electing to arbitrate any Claim. So, they require you put them on notice BEFORE you file? I'm also really confused on process. So, the steps in chronological order are to: file a motion with your local court Send defendant copy of motion Send defendant letter electing arbitration with JAMS/AAA and requesting dismissal of case Submit Arbitration with JAMS or AAA ?? Under different circumstances I would be able to research longer but I'm super pressed for time. I want to beat them to filing. I really appreciate the help.
  7. Thanks, I printed out his thread so I can really dig into it. As for the credit card agreement, it's weird I don't see it there. I'm not sure if it has something to do with Carsons going bankrupt at one point. I know cardholders got a message about this a while ago. I did this this with a google search: https://d.comenity.net/carsons/common/Legal/disclosures.xhtml
  8. For anyone wondering, I found legaleagle2012's arbitration posts. I'm printing it now, will study over the next couple of days. Also how do I get a copy of my credit card agreement? Carsons isn't on Comenity's website anymore https://d.comenity.net/cca-all/pub/Home.xhtml
  9. I'm completely new to this. So, file an arbitration in my county court and they'll likely not pursue it?
  10. Debt is $2,270 a few hundred more than the charge off amount with comenity. Any ideas on how I can learn the neccessary steps to protect myself against a suit?
  11. Debt was placed with Portfolio a little less than a year ago. I'm not sure when they first made contact with me but after they did, I requested validation, they fulfilled the request. Nothing until now. (I've just began my credit repair journey) Law firm sends mail a couple days ago. Firms wording "We have been retained by Portfolio to collect their account in the amount above stated." They also directed me to make a payment at their website, not Portfolio.
  12. I think it's a fair question. I was under the impression two entities can't request payment for the same debt. Obviously I'm wrong.
  13. Portfolio has tried to contact me for payment.
  14. So, original creditor is out of the picture. Got that part. It looks like two different entities can collect on the same debt as long as only one reports? Next steps? Validate law firm?
  15. I'm seeing this happen a lot in my credit repair journey this time around. Even Amex (while also reporting a balance on my reports) had a collection agency reaching out for payment. The CA never reported, however. Another account started with Comenity Bank whom is reporting a $0 balance on my reports. They also have a comment that account is "Transferred to another lender or claim purchased" which happens to be Portfolio Recovery. I just received a letter in the mail from Blitt and Gaines, P.C. Attorneys at Law listing Comenity Bank as Original Creditor and Portfolio Recovery as Current Creditor. Meanwhile, Portfolio Recovery is on my reports. I completely understand that some debts are assigned, and not sold. But with a collection agency and a law firm trying to collect on the same debt -- is that legal? Is it that within reason to report but also have a third party making collection attempts? Isn't reporting an act of collection activity? I'm confused!

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