Suing Your Creditors > Sample Pleadings

Help me to answer the summon I receive..

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Is there any updates on this thread?

Hi, I file the answer the last day. 3 days ago  I  received  the assigned  arbitration notice from the local court Arbitration department.

My BOA account was open on 2000, default on 2009, charge off on September 2010. Jan 2011 the JDB report on my credit report

I read the posts on MTC/MTS and the 2008 BOA card agreement. It do not have JAM or AAA option, only the NAF choice so my question is NAF is  consider a private arbitration or not? can CA and the attorney from their law firm can dismiss my MTC/MTS private arbitration?

I  just file  a MTC/MTS to get the court appointed arbitration out of my back. The clerk ask me to fill the objection with  a short summary of the reason and take my motion/attached card agreement.No filing fee since I already pay for the answer.

The clerk say it might be a hearing with the judge for my MTC. if that happen, what to prepare beside I want it done  in private. how to initial the NAF arbitration? I loop up the website and did no not information on the location.
I am much more prepared for future cases against me, thanks to Debtorboards.  I really had no idea what I was doing at the beginning of this case.  I didn't even answer the complaint, other then the basic denial form.

--- Quote from: howucantoo on April 20, 2012   04:14:39 PM ---Credit card is a contract/agreement. I would rather the suit be on contract than open account or account stated.

Contract must have been attached or at least some sort of a documentation like affidavit should have accompanied the summons/complaint.

BTW, I would not correct my opponent's mistakes on how the account was presented in the complaint.

I'd research Quantum Meruit  in Google search to find the legal definition.

I'd read OR RCP to get familiar with the court rules.

As mentioned it is important to read  "Chain of custody" in "Flyingfr's credit repair".

I'd read arbitration stickys to file a Motion to compel arbitration if necessary to kick the case out of the court. JDB will not follow in JAMS.

When was the account opened and when did you default? Checked your credit reports?

In court you must present filings in a double spaced format just like my post , the court will toss your paper work out if not properly formatted.

--- End quote ---

Just Plain Bill:
What exactly does the arbitration clause say in your 2008 card agreement?


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