You cannot ask for your time invested yourself but you can request the fees you paid the attorney to file your answer, all the court fees you paid to get your answer filed as well as for each motion, and any mailing fees paid to correspond between the JDB attorney and yourself via the postal service. Those do amount to something non-trivial I am sure.
I have to be dealing with a reject from Jacoby & Meyers. He saw the earlier email from JAMS that asked each party to pay $600.00 and thought he could act on this as a directive and be ignorant of the terms of the agreement... at least play it that way.
By the way, this is not a consumer case. This was a business loan.
When it comes to sanctions, can a person representing themselves ask for reasonable fees to cover the time they invested in preparing their case and responding to requests and correspondence? I don't know if reimbursement would be limited to the services of an attorney or other legal professional.
Because you do not have the consumer protections, so JAMS has no reason to treat you fairly. They can and have demanded you pay half. This is the risk you run when you go to arbitration on a non consumer issue.
The way I see this is you only have 2 options: Pay the $600 and hope they don't go any further. Or just wait for JAMS to close the case and HOPE like heck that the court agrees with your contract argument (even though JAMS requested you pay half and you failed just as much as the other side did to abide by that and technically you are both equally violating the court's order).
I've prepared the following draft response to JAMS (which would be copied to the JDB's attorney.) This is based on the draft Clydesmom provided yesterday, as well as feedback received from WhoCares1000. Would it be best for me to email this directly to the attorney?
This is only a draft.
By refusing to advance the filing fee, the Respondent is in violation of the Agreement to Arbitrate Claims.
In the loan agreement dated ____________, a copy of which was attached to my Demand for Arbitration, Section _____ states under Arbitration Procedure and Costs, “No matter which party initiates the arbitration, we will advance or reimburse filing fees and other costs or fees of arbitration.”
As the alleged assignee, the Respondent is bound by this agreement to advance the $1,200 filing fee. I will not agree to deviate from these terms.
With D-day looming over my head for the 25th does anyone have any advise for this status conference? What to expect, what to say, not to say, what to bring etc etc. You all have been so helpful i would rather not screw this up after everything you have told me. If my motion does not go through I am going to take fists advise and compel for arb. As always i appreciate all of your help and advise.