Author Topic: Served.. PRA and Amazon\Sync.. Am I doing this right?  (Read 1506 times)

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Bruno the JDB Killer

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Re: Served.. PRA and Amazon\Sync.. Am I doing this right?
« Reply #15 on: April 07, 2017 03:34:33 PM »
As usual, he has no clue how arbitration works. Your fees are capped at 200 / 250 depending on the forum. Period. You do not get stuck with the other side's fees. Use our template for the MTC, it has everything you need. All you have to do is swap out the arb clause language.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

fisthardcheese

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  • They forced arbitration into your contract. Use it
Re: Served.. PRA and Amazon\Sync.. Am I doing this right?
« Reply #16 on: April 07, 2017 03:47:48 PM »
Got it.. so as expected, the legal plan lawyer gave the reply below... haha.. Also told him I do not want to settle as I have a few other accounts with PRA for much more and rolling over and paying may set a precedent on those that I am an easy target.

From the arbitration details I included in my original post above, which snippet of that should be on paragraph 4 on the MTC?

"4. The parties are bound by the Credit Card Agreement. The Arbitration Agreement states among other things:"

I also still need some clarification about this question from my last post "But don't I want to include the JAMS filing paperwork and CC agreements as exhibits with the MTC?"

Sorry for all the questions.. I just want to do this right! You all have been great!


--

"Although you may have an argument, the filing costs alone – if you need to file in court and in arbitration – could easily come close to the amount of the debt in question.  And if you lose the matter, you will likely have to pay their filing fees as well.  If the debt is yours it may be best to provide an answer and wheel and deal (if they can prove the debt is yours and they have the right to collect on it).  I’m not the nosiest of attorneys and don’t like making smoke and mirror arguments because often they come back to bite you – and can end up being expensive when looking at filing fees/arbitrator’s fees."

As Bruno said, this attorney is just another in a very long line of attorneys who don't know that the rules for consumer arbitration changed 5 years ago and just continues to give bad advise regarding using it.

I think you are making this more complicated than needed.  The MTC template is very straight forward.  Section 4 just needs a quote from your actual card agreement that you are using showing that the agreement has arbitration as the dispute method.  Usually something like "You and we agreed to settle all disputes with arbitration...etc".

My previous response answers your question about attaching exhibits.  Yes include them if you can.
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

birchwood99

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Re: Served.. PRA and Amazon\Sync.. Am I doing this right?
« Reply #17 on: April 08, 2017 02:11:11 AM »
He actually send me another follow-up after I sent him the CC agreement...

http://www.synchronybankterms.com/gecrbterms/pdf/AmazonCreditCard.pdf

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Actually my read is different.  Per para. 2 under Resolving a Dispute with Arbitration, they can choose not to arbitrate if they are attempting to collect money against you.  You can request arbitration per para. 1 further below by following their procedure.  Per para. 4 they can agree to cover the costs if they feel you are proceeding in good faith – which if the debt is valid negates the good faith argument.  Otherwise they only cover the costs if you prevail.  Finally, the whole agreement is subject to the laws of Utah.  I don’t practice in Utah and recommend that you reach out to a Utah provider for further assistance.  I am not the best stop for you based on that fact.  So at this stage I am unable to provide you with further assistance in regards to this matter and do not represent you in the same.  I wish you all the best and feel free to reach out if the need arises in the future.

fisthardcheese

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  • They forced arbitration into your contract. Use it
Re: Served.. PRA and Amazon\Sync.. Am I doing this right?
« Reply #18 on: April 08, 2017 03:03:01 AM »
He actually send me another follow-up after I sent him the CC agreement...

http://www.synchronybankterms.com/gecrbterms/pdf/AmazonCreditCard.pdf

--

Actually my read is different.  Per para. 2 under Resolving a Dispute with Arbitration, they can choose not to arbitrate if they are attempting to collect money against you.  You can request arbitration per para. 1 further below by following their procedure.  Per para. 4 they can agree to cover the costs if they feel you are proceeding in good faith – which if the debt is valid negates the good faith argument.  Otherwise they only cover the costs if you prevail.  Finally, the whole agreement is subject to the laws of Utah.  I don’t practice in Utah and recommend that you reach out to a Utah provider for further assistance.  I am not the best stop for you based on that fact.  So at this stage I am unable to provide you with further assistance in regards to this matter and do not represent you in the same.  I wish you all the best and feel free to reach out if the need arises in the future.

Stop listening to this Buffoon.  Read the arbitration section of this website and see how the dozens and dozens of people this year alone defeated JDBs, and PRA specifically, using arbitration.
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

kevinmanheim

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Re: Served.. PRA and Amazon\Sync.. Am I doing this right?
« Reply #19 on: April 08, 2017 09:49:34 AM »
If you are looking for a consumer attorney who understands AAA or JAMS, you can find them in the nearest field of wildflowers, riding a unicorn.

Consumer attorneys don't know arbitration because there is no money in consumer arb for attorneys. It is time consuming for the attorney, uncertain and unknown.

Attorneys are just business owners. They can't spend time on clients who will cost them money and expose them to risk without a clear path to success. It would be like a Realtor driving around a client and looking at homes, but the client doesn't have a job or assets...but might have a winning lottery ticket for Saturday night's drawing. The attorney, just like the Realtor, is wiser to spend their time on clients with more certain outcomes.

That's why businesses love arbitration. They hold the advantage as long as the consumer is too afraid to represent themselves in the case.

If you have the courage to go into the arb on your own, you can win. Doing so turns the tables on the business. It makes them uncertain, afraid of costs and the unknown outcome. 




birchwood99

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Re: Served.. PRA and Amazon\Sync.. Am I doing this right?
« Reply #20 on: April 09, 2017 01:00:45 AM »
Ha.. fair enough! I am drafting up the MTC and answer tonight.. I will post up for you all to critique. Thx again as always!

birchwood99

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Re: Served.. PRA and Amazon\Sync.. Am I doing this right?
« Reply #21 on: April 09, 2017 01:32:20 AM »
Attached is the summons I got.. how do you all recommend I draft my answer?


kevinmanheim

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Re: Served.. PRA and Amazon\Sync.. Am I doing this right?
« Reply #22 on: April 09, 2017 04:23:10 PM »
You need to deny all #s in the complaint, except for those that you obviously cannot deny. For example, if your address is correct, you must admit. However, if even the punctuation in the address on the complaint is wrong, you can deny that #.

Admit or deny everything. At the bottom, begin your MTC arb. There are plenty of examples on DB.

Make sure to CMRRR your answer and MTC to the opposing attorney. File the original with the court and get them to give you a stamped copy showing it was filed.

birchwood99

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Re: Served.. PRA and Amazon\Sync.. Am I doing this right?
« Reply #23 on: April 09, 2017 09:41:29 PM »
Ok.. so this should work?

1.   In response to Plaintiff’s COMPLAINT, Count 1, Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein, and on that basis, generally and specifically denies each and every allegation contained therein and leaves Plaintiff to provide proof. 

2.   In response to Plaintiff’s COMPLAINT, Count 2, Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein, and on that basis, generally and specifically denies each and every allegation contained therein and leaves Plaintiff to provide proof. 

AFFIRMATIVE DEFENSES

1.   Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's complaint and each cause of action therein fails to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted.
   
2.   This court lacks jurisdiction due to Defendant electing private contractual arbitration as provided in Plaintiff's cardmember agreement.
   
3.   The plaintiff has not proven the debt is valid or that the amount of the debt is accurate. The plaintiff must prove that the principal, interest, collection costs, payments applied and fees are all correct, and lawfully charged.

4.   Defendant reserves the right to submit counterclaims that may become applicable and/or available at a later time including, but not limited to, violations of the Federal Truth in Lending Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act.


Bruno the JDB Killer

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Re: Served.. PRA and Amazon\Sync.. Am I doing this right?
« Reply #24 on: April 09, 2017 10:09:37 PM »
Please state your legal basis  and your substantive argument for each of these defenses. Better you do it here than be embarrassed in court.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

birchwood99

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Re: Served.. PRA and Amazon\Sync.. Am I doing this right?
« Reply #25 on: April 09, 2017 11:56:08 PM »
Not sure what you mean.. Isn't my answer to paragraphs 1 and 2 pretty self explanatory, or are you referring to my affirmative defenses? I am simply using some boilerplate ones I found on DB which appear to apply to the standard JDB complaints.

kevinmanheim

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Re: Served.. PRA and Amazon\Sync.. Am I doing this right?
« Reply #26 on: April 10, 2017 12:18:10 PM »
Bruno is just testing you.

I wouldn't concern myself with defending those answers now. They are fine for the purposes of an answer and MTC.

As long as you deny, you force the plaintiff to fight. Fighting costs them money and makes them want to settle.

If they wanted to dispute your answers, they would be forced to file a motion to strike, you would be given a chance to respond, a hearing would be held, etc. All of this costs money. However, even before that can happen, the court MUST rule on the MTC arb.

The MTC arb scares your opponent more than anything. If it is granted, they cannot appeal. They must arbitrate.

However, if your MTC is denied, you can immediately appeal to the higher court. If this happens, your opponent's costs go way, way up.

Your opponent does not want that MTC granted. Focus on getting it filed.

Bruno the JDB Killer

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Re: Served.. PRA and Amazon\Sync.. Am I doing this right?
« Reply #27 on: April 10, 2017 12:50:35 PM »
Plaintiff failed to state a claim upon which relief can be granted.

Yes they did. The court has the ability to hear and adjudicate a simple debt case.


This court lacks jurisdiction due to Defendant electing private contractual arbitration


This is the only one you should use, but I would change it to subject matter jurisdiction.


  The plaintiff has not proven the debt is valid or that the amount of the debt is accurate.



That's what trials are for. This is not an affirmative defense, it's just stating the obvious.


Defendant reserves the right to submit counterclaims that may become applicable


Where? You want arbitration, so there won't be any court case. Besides, most state rules are modeled on federal rules, and there is no such "right" in federal.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

birchwood99

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Re: Served.. PRA and Amazon\Sync.. Am I doing this right?
« Reply #28 on: April 20, 2017 05:38:39 PM »
Hey all.. quick update.. so as you know I had contacted a few layers from my work legal plan and that was basically a joke.. except for the last guy who reached out to me. He seemed very familiar with using arbitration and has taken my case and he is working on my answer now. He did have to ask the Plaintiff attorney to extend the answer time by two weeks which they granted.

I know this board if more DIY centric, which is great, but I feel using the lawyer this first time makes sense just so that I am more comfortable with the process for any potential future suits and I get something out of this legal plan I pay for monthly :)

I do want to understand more the tactic of using increase IRS withholding as a strategy with garnishments. I am not being garnished for anything as of today. But i want to be prepared. Again, the only judgment against is the one I mistakenly signed a confession judgment for which I am making payments on.

More details for those who may have missed my overall situation..

http://www.debtorboards.com/index.php/topic,29747.0.html

As always, I appreciate all the assistance and have (and will continue) to donate to the forum.



Klaxon

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Re: Served.. PRA and Amazon\Sync.. Am I doing this right?
« Reply #29 on: April 20, 2017 09:18:02 PM »
I know this board if more DIY centric, which is great, but I feel using the lawyer this first time makes sense just so that I am more comfortable with the process for any potential future suits and I get something out of this legal plan I pay for monthly :)

I was sinking when I started and Bruno suggested that I retain a lawyer - best move I made. Over time I was able to take what I learned and present ideas to my lawyer which resulted in some nice wins using violations. Find a good lawyer that is willing to listen and work as a team.

And beware of "gung ho" attorneys. My guy knew when the other side had the goods and settlement on their terms was the best deal were were going to get (contract with no arb, local live witnesses, stacks of cc statements, etc.)