Author Topic: HELP! I don't know how to answer a complaint/civil summons-AZ- Gurstel & Chargo  (Read 7445 times)

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Wanna_Win

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Okay I'm not sure where to start...I am clueless as to what to do, stressed out, and not to mention completely lost! I can use whatever advice, assistance, and suggestions anyone can offer me. 

I was served a summons on Tuesday Feb 15. Discover Bank via Gurstel & Chargo has filed in Maricopa/Stanfield #8 Justice Court. From what I have read in the forums here, I believe I'm suppose to file an answer in the courts back to Gurstel & Chargo??  I've read a little about the Arbitration thing, but not sure if I fully understand it.  Not sure what I need to write, how to write and so forth??  Do I need to file an answer or can I work with Discover Card to fix this??  I feel so stupid not knowing how to go about this.  Not sure if I need to consult a lawyer or I can do this answer thing on my own.  I've been trying to read up on this but it all seems confusing....

If anyone is kind enough to assist me, it is greatly appreciated. 

kevinmanheim

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If I were you, I would consult a local attorney.

transborder

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OK...deep breath....

You're in justice court, meaning your under $2,500. On the website, you've got form for justice court... look for the combined compliant/answer form.

Section you want is "I don't owe the Plaintiff because..."

There you write "I am exercising the contractual arbitration clause in the cardholder agreement."

Deny everything else - amount owed, etc. Make them prove their case.

If the Plaintiff tries to go forward with the case, you might have to file a Motion to Compel arbitration - but we will cross that bridge when we get there.

File fast - you only have 20 calendar days to file the answer. I like to file 2 days before the due date - it really them off because they don't get a default judgment.
« Last Edit: February 21, 2011 02:13:25 PM by transborder »

Quader

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if you can afford it ./. an attorney is the best way to go like Kevin mentioned ... if you can't ... or can't find one on such short notice .. (some attorney's might not because you only have a couple of weeks to answer) you can look at this sample answer to protect your right's (against a Default judgement) .. this answer is from GXXXstel and I think the q's are there templet

http://www.debtorboards.com/index.php/topic,14053.0.html

make sure you just don't copy and paste ..  make it fit your situation .. make atleast three copies and take all to the courthouse ... I think if I remember right it will cost you $50 to submit your answer ... (unless you get a fee waiver) have them timestamp all your copies .....

they will keep one .... you send one to the other side ... and keep the others for your file ...

I would also send a letter electing arbitration .. (if you decide you want to go this way ) .. or if you are just buying time for an attorney ... find one ( this is always the best way to go)

if you read and study about arb .. and this is an option for you that you want to take ... I have a MTC arbitration with the same OC and lawfirm you are discussing ... PM me and I'll try to get it to you ...

if you look under sample pleading there is a sample of a MTC arb on the first page .. and is geared with Az case law, and federal case law ... ( this will get it out of cour and into arb) iif this is the way you want to go

I just gave you a couple of option for you to start with hope this helps

Q

Wanna_Win

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Thank you so much for the advice, I'm going to work on the answer this week. I will be looking at the link you provided to assist in writing the answer to the summons.  I'm sure I'll will have much more questions.  Thanks for your patience and assistance. :)

One question though...Quader you mentioned sending a letter electing Arbitration?  Is this something I file with the court or just a standard letter I would type up and mail to Gurstel?

sunnystate

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One question though...Quader you mentioned sending a letter electing Arbitration?  Is this something I file with the court or just a standard letter I would type up and mail to Gurstel?

I too would like to know the answer!

Quader

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No need for the court unless you want to attach it to your MTC and refer to it as an exhibit (but only if u have the time)

Send it to G and Discover.... CMRRR

Q

sunnystate

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Quader what do you mean "if you have time" to file MTC is there a deadline for that as well?

Quader

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yes .,. you only have 20 days to file your answer ... (excluding weekends and holiday) ... I don't remember if you wrote when you received summons ... so I was guessing ... if you still have time to file your answer work on your MTC and save yourself a trip

Q

sunnystate

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Quader I received my summons/complaint on the 14th.

So should I file my answer and my MTC arb the same day or do I have to wait?  And I've been reading on other threads about a certificate of service, is that something I should include when I file my answer?  I just keep reading and I keep getting confused on what I should do and what forms to file  1214! I know everyones situation is diff and not to just copy and paste.  I'm not sure that I'm doing this the right way.  Can I email you what I have so far??

sunnystate

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And does disclosure/discovery take place in the court room?  What is initial disclosure mean??  Is there any motion that can only be filed before my answer?

Wanna_Win

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Quader I received my summons/complaint on the 14th.

So should I file my answer and my MTC arb the same day or do I have to wait?  And I've been reading on other threads about a certificate of service, is that something I should include when I file my answer?  I just keep reading and I keep getting confused on what I should do and what forms to file  1214! I know everyones situation is diff and not to just copy and paste.  I'm not sure that I'm doing this the right way.  Can I email you what I have so far??

Quader,

I received my summons/complaint on the Feb 15th, you mentioned this excludes weekend/holidays?  I agree with Sunnystate, I keep reading and getting confused on what I should do and what forms to file?? I'm still in the process of working on the answer, once that is complete if you dont mind I would like you to look at it to see if it looks appropriate?  Also, should I file both my answer and my MTC Arb at the same time?  I'm not totally sure I understand the Arbitration process, what does it entail, what exactly is it, and is this what I should want to do??

Once again thank you for your patience and advice.. :)

duh

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Quader I received my summons/complaint on the 14th.

So should I file my answer and my MTC arb the same day or do I have to wait?  And I've been reading on other threads about a certificate of service, is that something I should include when I file my answer?  I just keep reading and I keep getting confused on what I should do and what forms to file  1214! I know everyones situation is diff and not to just copy and paste.  I'm not sure that I'm doing this the right way.  Can I email you what I have so far??

Basically, a Certificate of Service is added at the end of whatever you are working on , or a sepaprate page that stands all on it's own... Used for things going in the mail to anyone involved in a lawsuit.

You need to check your states RCP for which is appropriate. If you cannot find that info, do it separately. If you are sending two or more separate things to
anyone, EACH should have its own certificate of service.

What this basically does is make a statement that you have served whoever you are sending things to in the mail, and as you file things in your court tells them you
have actually served them.

Does not need to be fancy.... Can look something like...

                           CERTIFICATE OF SERVICE

I hereby certify that a copy of the  foregoing WHATEVER YOU ARE SENDING TO THEM BY TITLE  was mailed on ______, ________ 20xx , by way of U.S. Mail certified certificate #__________________________  to THEIR NAME , I capitalize this, AND THEIR ADDRESS, and I include phone number, if I have it.


Your Name
Your Address,
Your city, and State, Zip

Your phone

This is why each thing needs its own Certificate of service.

Also.... When you do your answer and affirmative defenses. Get that notarized.

Look into and make your own decision if you want to utilize a graduated denial.

Newbie 0216

Arbitration is a very viable tool to utilize. What it does is gets it out of your local
court arena and into the hands of an arbitration forum.

Arbitration, in itself, should be considered as another form of court.
There is an arbitrator/neutral who will make the  decision as to if there should be an award against you. ( or for you if you initiate).
This is generally considered binding.

After this, if it is against you it gets confirmed by your court.

The plus for this is it eliminates doing the court battles that may result in  a judgment against you sooner. At the very least it buys time.

Also, there is a very great possibility that you will not get fully into arbitration because it is very expensive for your plaintiff to go this route. And you could get a dismissal.

 If there is an arbitration clause in your cardmember agreement they have to.

And if you elect, it will stop your court case in it's tracks.

You still need to do your answer and affirmative defenses on time, but look
into Arbitration and there are those here who can guide you through that if you want to.

One word of advice.... depending on your arbitration section.... which ever is offered, chooses JAMS first.... and AAA second.

I am not an attorney. My posts about my experiences are for entertainment and  possibly educational purposes only.

If you need legal help, you should seek legal counsel.

GRINGO

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Have you sent A DV letter to this attorney before being sued?  Just wonder as I am in Tucson and I believe that I may be next in line.  I threw everything but the

 kitchen sink at them-that will be next if they file the law suit and I will file the motion for the arb the same time I submit the answer at the court house. Like one stop shopping.
 Take care of everything at once. Keep us informed what happens after you compel ARB with these guys. I haven't heard   a peep from them over 1 month ago

 after the last letter I sent them. Maybe they do everyone in the Phoenix area first, then wait and bundle the lawsuits for out of area next.
If you think I am an attorney, you are quite mistaken. If you are looking for legal advice check the  yellow pages!

transborder

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Here's how I would play it...

1. File answer.

2. Go to pre-trial. Judge will set disclosure/discovery.

3. Send your requests for production/admissions, etc. Ask for the ENTIRE cardholder agreement.

4. When getting the cardholder agreement, you "notice" the arbitration clause.

5. File motion to compel arbitration pursuant to the cardholder agreement.


If you jump the gun too soon, then it will look way too obvious. You want the Plaintiff to think they have got you over a barrel...

 

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