Get in line: Chase threatening a suit

[flyinbroke]

When did you default? If it was last year, and I believe it was, the new contract is the wrong contract. You can still work with the old contracts.

[daytona]

When did you default and when did you last use the card Brokein2010?

[johnjan2009]

this is not good.. my chase also got referred to this collection lawfirm Frederick J Hanna & Associates few weeks back any tips?

[BrokeIn2010]

When did you default? If it was last year, and I believe it was, the new contract is the wrong contract. You can still work with the old contracts.

Yeah it was Novemberish maybe Decemberish last year that we stopped paying full payments. Payment went from $30 a month to $200 a month for no reason that I can see (hadn't been late on any payments, balance was coming down). The only thing that was different: The bill stared saying Chase and not WAMU

When did you default and when did you last use the card Brokein2010?

Last used the card like March / April of 09.

this is not good.. my chase also got referred to this collection lawfirm Frederick J Hanna & Associates few weeks back any tips?

1) Record everything. That's how I keep catching these SOBs

2) Debt validation and don't back off of it. They can't keep the fact of my case straight (they keep confusing me with a man with the same name that lives in another county, so I can imagine this is par for the course for debts they handle)

3) They will ring blood from you, they'll threaten you, and they'll imply they have "Friendly judges" to help 'em do it. I've been told that if I demand validation they will sue sooner, even if I did pay the bill in full I'd be sued for legal fees for $1000 or more.

[flyinbroke]

Broke, your old contract should be fine. Throw a monkey wrench into the works and initiate arbitration. Most contracts have the creditor willing to pick up consumer fees; send no money.

JAMS is the best, but AAA may be the only one in Chase. It will suit your purpose.

[daytona]

Actually when I have DV'd it's stopped collections...going on 5mo in a few cases. The only one I have been sued on is where I did NOT DV, have drug them along for 10mo since suit, they have been fighting mandatory binding arbitration since I MTC'd it.
Chase removed JAMS in 2004, AAA is only option if it's a "true" Chase contract. BTW Chase removed arbitration 2/22/10, but if you defaulted before then, or did not "ratify" by use past that date you should be good.

[flyinbroke]

I DVed everything...it did not stop lawsuits.

And if you send JAMS the old Chase contract, they will accept it. I had another creditor that had nothing but NAF, but I found, deep in the file, the original contract. It had JAMS. JAMS accepted it, and is demanding payment from them. I hear they hate arb so much they will never send the money so it will be stuck in legal limbo for all eternity. Unless I sue them for the fees.

JAMS is extremely expensive...costs them 3K to start.

[daytona]

Not saying it will stop the suits, but it can delay them. Since NAF is gone and that was the only venue available, then it can be argued that AAA or JAMS are an acceptabe substitute...But if the contract has NAF and AAA it's probably going to be hard to argue the JAMS venue since AAA is still an option per the agreement. I am extremely familiar with the arb exercise and you are correct creditors don't like it at all now, but if the debt is of a size that makes sense for them to pay the fees they will probably still do it...and one needs to have an understanding, per the agreement, who pays the fees and/or any conditions...some have "looser" pays. Debtors need to be up to date with their State laws as well, in some if there is no venue available then the court can appoint an arbitrator...Of course there are all sorts of arguments about the judge not being able to change the forum per FAA, etc...but it doesn't mean they won't still do it...and yes you can appeal, try to remove to Federal court, etc...but this all takes time and money and in some states you have to post a sizable bond to do this. Remember you are still in state court until you can get out, and contrary to what you hear, it is VERY difficult to get CC cases accepted into Federal court, even with FAA. Then if you get there you are going to be dealing with an experienced trail lawyer, not something the unitiated debtor trying to represent themselves will feel real good about...talk about a "hot mess".....
Smaller debts and JDB suits, sure "they" will do a cost benefit analysis of proceeding in Arb and in many cases they will probably choose to not proceed. However in many cases where the C/B analysis dictates, any competent council will probably realize that a consumer initiating in a forum not in the contract, when another(AAA) is going to argue it and very likely win.

[flyinbroke]

You can't use JAMS if it is not in the contract, however, if you have an older contract with JAMS it can be accepted by JAMS.

Another thing to be aware of: small claims cannot be arbitrated; you would have to counterclaim it out of SC territory.

[BrokeIn2010]

Well they called twice more this week. Stuck my ground: No debt validation, no talky. They swear that if I push the validation issue they'll sue, that's in MY best interest to pay up and keep it out of the courts; I'll tell them they're being recorded and hang up.

[flyinbroke]

Citi filed a nonsuit this week in the face of arbitration, so I permanently removed them from the courtroom. Round 2....dingggg.

I highly recommend looking at all ideas, including arbitration. Your recordings can hold a treasure trove of violations.

[BrokeIn2010]

Another call today: The "customer service" rep on the other end informed me that I was not allowed to record, I told them I was anyway and if he kept talking he was consenting, I was "informed" that if they get a judgment they will seek a judge's order to force me to get a job, I hung up laughing.

I don't think they can do that. I don't think they can get a order to make you get a job to pay back a judgment.

[flyinbroke]

You have such a potential for cashing in on lawsuits that you may not be broke for long. Have you thought of hiring a lawyer for this comedy of errors?

[BrokeIn2010]

The one we got now (who we were wanting to handle the BK) says it's not worth the time cause they'll never pay-- not the point if you ask me. So we're putting calls into a couple more that have a reputation locally for...we'll we'll say a pit bull is damn right personable compared to the reps these guys have got.

[daytona]

I was "informed" that if they get a judgment they will seek a judge's order to force me to get a job, I hung up laughing.

I don't care who you are....that is some funny CHIT right there....where do they find these collection people? If you really recorded this call you don't even need an attorney, call Hanna and play it for them and tell them you'll be looking for your check within a week.