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Suing a JDB and forcing them to arbitration


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I searched but could not find an answer anywhere to this circumstance, so I figured i would ask.

 

I have a JDB collection appear today for $650 from JHPDE FINANCE I, LLC  for a synchrony bank (JCPenny?) account

 

I believe it is from an old JCPenny account from more than 5 years ago, based on the amount.

 

There is no trade line on the report for this from synchrony, so i am guessing from the amount thats what it was from. (or it really isnt mine)

 

I have not received any dunning letter from this company ever and they  put the ding on the CRA's

 

because of its age, it is past the SOL for them suing me.  (in FL, 4 yrs for store cards, 5yrs for others. this is past both if it is the account im thinking of). also the fall-off date is in less than 2 years.

 

What i am thinking of doing (After validating where the debt is from/disputing etc), is taking the JDB buyer to arbitration over FDCPA violations.  the JCP arbitration agreement allows for this.

 

The quesiton is, what is the right procedure.  First off,  i have taken 6 collections to arbitration in the past (and got all of them dismissed in my favor), however, this would be the first time i would be the one initiating it.

 

I assume i would do something like:


1) file small claims case for FDCPA violations.
2) file motion to compel arb.
3) file with JAMS.

 

now, since they have probably bought the debt, do i include synchrony bank in the lawsuit or is it all the JDB since they now own it. (FYI: there is a survivability clause in the contract)

 

OR

 

can i just file with JAMS (not the court) against the JDB?

 

 

Thanks for your help!

 

 

 

 

 

 

 

 

 

 

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Posted (edited)
5 hours ago, delphipgmr said:

I searched but could not find an answer anywhere to this circumstance, so I figured i would ask.

 

I have a JDB collection appear today for $650 from JHPDE FINANCE I, LLC  for a synchrony bank (JCPenny?) account

 

I believe it is from an old JCPenny account from more than 5 years ago, based on the amount.

 

There is no trade line on the report for this from synchrony, so i am guessing from the amount thats what it was from. (or it really isnt mine)

 

I have not received any dunning letter from this company ever and they  put the ding on the CRA's  Florida does not require they send you a dunning letter before they report to the bureaus.

 

because of its age, it is past the SOL for them suing me.  (in FL, 4 yrs for store cards, 5yrs for others. this is past both if it is the account im thinking of). also the fall-off date is in less than 2 years.  It may be past the SOL for a lawsuit but it is not past the SOL for reporting the trade line.  They can report for 7 years 6 months past the DOFD.  Not being able to sue doesn't mean they cannot report and often when an account is sold past the litigation point they do report and update monthly because that is their best weapon at that point.

 

What i am thinking of doing (After validating where the debt is from/disputing etc), is taking the JDB buyer to arbitration over FDCPA violations.  the JCP arbitration agreement allows for this.  In most Federal circuits a consumer finding a trade line does not invoke a right to DV.  They probably will respond to you but if they do not it would not be an FDCPA violation as a trade line is not considered collection activity in most circuits.

 

The quesiton is, what is the right procedure.  First off,  i have taken 6 collections to arbitration in the past (and got all of them dismissed in my favor), however, this would be the first time i would be the one initiating it.

 

I assume i would do something like:


1) file small claims case for FDCPA violations.  Well before you get to a MTC they could also file to remove the case to Federal Court.  It has happened.
2) file motion to compel arb.  If your intent is to arbitrate then why file suit just to MTC out of court?  My guess is that when they respond to the MTC they will oppose it stating you elected the small claims forum and that is where the case should stay.  Then they will counter claim what you owe as the counter claim to the action may not be subject to the SOL since they didn't file the primary case.
3) file with JAMS.  

 

now, since they have probably bought the debt, do i include synchrony bank in the lawsuit or is it all the JDB since they now own it. (FYI: there is a survivability clause in the contract)  If they debt is sold then Synchrony has nothing to do with it.  

 

OR

 

can i just file with JAMS (not the court) against the JDB?  You can just file with JAMS.  My guess is that they probably will ignore you.  That forces you to have to file a case in Federal Court compelling the to arbitrate at great expense to you.  You could also get lucky and they agree to delete just to make you go away.  Your choice.

 

 

Thanks for your help!  My opinion:  I don't see any FDCPA violations based on what you posted.  I would run this plan past a consumer attorney before you end up making a huge mistake and getting hit with their legal fees and expenses.

 

 

 

 

 

 

 

 

 

 

 

Edited by CreditSucksNot
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Thank you for your reply.

 

I should have clarified, i would do it under the state FCCPA (florida's FDCPA) to keep it in the florida courts. (Ive done this before).

 

But you answered the question that they own it now (once i dispute it ill know for sure).

 

I was thinking i would file JAMS. 

if no response, file a case with a motion to stay proceedings pending arbitration.

If still no response or JAMS closes it due to no response, then motion for a summary judgment.

 

dont forget, there is NO tradeline for this account on any of the CRA's from synchrony, just a collection account now. so im still not sure what it really is, this may be something totally different. Im only guessing its JCP because of the amount. 

 

Im not worried about being sued or legal fees, I am non-collectable, and that has been proven in court with other cases.

 

Ill know more once i dispute it.

 

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4 hours ago, delphipgmr said:

Thank you for your reply.

 

I should have clarified, i would do it under the state FCCPA (florida's FDCPA) to keep it in the florida courts. (Ive done this before).

 

But you answered the question that they own it now (once i dispute it ill know for sure).

 

I was thinking i would file JAMS. 

if no response, file a case with a motion to stay proceedings pending arbitration.

If still no response or JAMS closes it due to no response, then motion for a summary judgment.

 

dont forget, there is NO tradeline for this account on any of the CRA's from synchrony, just a collection account now. so im still not sure what it really is, this may be something totally different. Im only guessing its JCP because of the amount. 

 

Im not worried about being sued or legal fees, I am non-collectable, and that has been proven in court with other cases.

 

Ill know more once i dispute it.

 

If you file arbitration first and they ignore it you cannot file in small claims court.  At that point you have to use Federal Law and that court to force arbitration because Federal Law is what governs the right to enforce the arbitration clause not state law.

 

The reason there is no trade line for the account is when OCs sell the debts now the buyer stipulates in the sale they have to delete their trade line to avoid counter claims if they decide to sue the consumer to collect.  It has ZERO relevance to what you are claiming is FCCPA or FDCPA violations.

 

What is the ultimate goal here?

 

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im not even sure what it is yet, it very well could be a zombie debt from a long time ago. 

 

arbitration is a contractual obligation, not a federal law. 

ive had it enforced before in small claims as well as state court.

 

if it is what i suspect, then the contract provision specifically states these types of activities are able to be arbitrated.

 

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15 hours ago, delphipgmr said:

I searched but could not find an answer anywhere to this circumstance, so I figured i would ask.

 

I have a JDB collection appear today for $650 from JHPDE FINANCE I, LLC  for a synchrony bank (JCPenny?) account

 

I believe it is from an old JCPenny account from more than 5 years ago, based on the amount.

 

CC debt in FLA is 4 years, period, store card or otherwise.

15 hours ago, delphipgmr said:

There is no trade line on the report for this from synchrony, so i am guessing from the amount thats what it was from. (or it really isnt mine)

 

I have not received any dunning letter from this company ever and they  put the ding on the CRA's

 

because of its age, it is past the SOL for them suing me.  (in FL, 4 yrs for store cards, 5yrs for others. this is past both if it is the account im thinking of). also the fall-off date is in less than 2 years.

 

What i am thinking of doing (After validating where the debt is from/disputing etc), is taking the JDB buyer to arbitration over FDCPA violations.  the JCP arbitration agreement allows for this.

           It is not an FDCPA violation to report. Also, arbitration forums are not always bound to follow state SOL laws. 

15 hours ago, delphipgmr said:

The quesiton is, what is the right procedure.  First off,  i have taken 6 collections to arbitration in the past (and got all of them dismissed in my favor), however, this would be the first time i would be the one initiating it.

 

I assume i would do something like:


1) file small claims case for FDCPA violations.  You don't have any unless they really try to collect
2) file motion to compel arb.                     Don't do it, there is nothing to file for 
3) file with JAMS.   See above

 

now, since they have probably bought the debt, do i include synchrony bank in the lawsuit or is it all the JDB since they now own it. (FYI: there is a survivability clause in the contract)  Synch is out of the picture

 

OR

 

can i just file with JAMS (not the court) against the JDB?

 

 

Thanks for your help!

 

 

 

 

 

 

 

 

 

 

 

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3 hours ago, delphipgmr said:

im not even sure what it is yet, it very well could be a zombie debt from a long time ago. 

 

arbitration is a contractual obligation, not a federal law. 

ive had it enforced before in small claims as well as state court.

 

if it is what i suspect, then the contract provision specifically states these types of activities are able to be arbitrated.

 

• Governing Law for Arbitration This Arbitration section of your Agreement is governed by the Federal Arbitration Act (FAA). Utah law shall apply to the extent state law is relevant under the FAA. The arbitrator’s decision 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.

 

You need to start reading before you get yourself into a bigger problem. The above is in all Synch agreements.

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im very familiar with arbitration, ive done 6 of them 1 almost to the end.

the FAA applies on how the arbitration is conducted once it starts, Utah law is not relevant to issues specific to florida.  

the enforcement and filing is in the appropriate court for the issue.

been there and done that.

 

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I included that because it is in the agreement and refers to the governing federal law. (Arbitrators generally follow state laws in an actual arbitration)  You wrote: arbitration is a contractual obligation, not a federal law. 

The poster was referring to what happens if they refuse to arbitrate. That falls under USC 9.

Fact remains, the whole topic is moot because you have no FDCPA violations. If you think you do, post them here with the section of the statute they violated.

 

You fool around with experienced lawyers when you don't know what you're doing and they will stick it to you. Somebody else on one of the boards tried this, (filing when there is no viable cause of action) and the creditor took them up on it, paid the 6K in fees to JAMS, and the arbitrators dismissed the case as frivolous and taxed the guy with the cost of the arbitration.

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actually, the more i think about it, i couldnt sue  for anything based on the contract  for the same reason that cant sue me. its past SOL

their response would just be its time-barred. they can just ignore everything.

 

I have to validate the debt, this is all hypothetical not even sure what this is for.

 

 

 

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