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  2. @treblclef20 This section is very interesting: "Arbitration may be requested any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment entered. Neither you nor we waive the right to arbitrate by filing or serving a complaint, answer, counterclaim, motion or discovery in a court lawsuit. To choose arbitraton, a party may file a motion to compel arbitration in a pending matter and/or commence arbitration by submitting the required AAA forms and the requisite filing fees to the AAA." It appears that you "choose arbitration" by filing the motion to compel arbitration in the "pending matter" and/or submit the AAA forms and filing fee. Nowhere does it state you must notify plaintiff in writing before filing a motion to compel. Filing an answer or discovery does not waive your right to choose arbitration. The big problem is the small claims exception. Did you find out if you are in small claims court? If you aren't in small claims court, you appear to be able to file a motion to compel. (Caveat: I am not a lawyer!)
  3. Got it, thanks. Here's the agreement for reference. I'll be sending a letter overnighted to them in advance of the date to ensure I have at least notified them of that intent, to your point.
  4. Can this apply to motion for Summary Judgement?
  5. Good afternoon, I am in a dilemma and not sure how to address it. Long story short. I worked for Lyft., Because I had no car, I rented a few different cars from Hertz. The last Hyundai Sonata 2016. When I picked up car, the under body of the bumper was damaged from left to right . Associate said that was the only car that he had, I told him to send me pics, so I have back up in case of them blaming me for the damage, Jan 21 comes around, I turned in the Sonata, I advised the associate that a branch got stuck on the right side of the front bumper when it was raining outside (which left a crack in the bumper) he told me to fill out a Hertz claim form. I did that , marked, on the claim form, only the front bumper has damage (once again the entire underside of bumper was already damaged. Jan 30th, I received my security deposit back . Now, April 2019, a lady calls me out of the blue and tells me "you owe $1000.00 deductible for the Hyundai Sonata that is totaled; First thing I told her, "I want to see evidence, you say I owe you money, wheres the proof." I waited and waited until about a bit over a month later, I get a letter referencing the $1k that I owe them, they sent me some black and white pics. I contacted them, told them I need these pictures in color in order to distinguish everything. So, they took pictures Feb 5th, the car is in a JUNK YARD. An appraisal they sent me on the repairs etc is over $10,000.00. I know I did not do all that damage as they claim. I investigated Hertz online and there is a class action lawsuit going on, however; that attorney cannot take me or add me to his class action suit. I am frustrated that they are trying to get this money from me, when I know dang well, that I did not cause all the damages (they are totally dunning for purported amount due)they are claiming in their pictures and the appraisal. Since I rented the vehicle there have only been 12 miles added to the odometer. Now I just received a letter from a collection agency and it has got me freaked out. So, I have decided to type up, mail certified, and I am going to do a cease and desist for Hertz and the bill collector. Does anyone know of an attorney that I might call that is probono. Or what would you recommend, if anything. Thanks for reading, can't take this stress
  6. Update: I've discovered that I can just submit an "amended answer" to the court. I am past the normal deadline to do so, but a judge can decide to accept the updated answer. So I will submit the update tomorrow, and when I go to the pre-trial hearing later this week will let the judge know that I submitted it at this time having just learned about the arbitration clause in my CC agreement. I'll then overnight mail to the plaintiff's attorney: the amended answer + a letter stating intent to arbitrate. That way, at least I will have done those things before the court date and can state to the judge that I have done so. I have also received no answer to my discovery request, which I realize is a separate thing, but hopefully will help in that I am not the only one late to the game here.... If anyone has any thoughts on this, would greatly appreciate. Otherwise, I'll let you know how it goes.
  7. Under US and NY law, arbitration of a dispute/claim is a matter of contract. What does the contract's arbitration section state? That all disputes or claims must be arbitrated? That no party to the contract may go to court? Or, that a party may choose to arbitrate under certain circumstances described in the contract's arbitration clause? A party can choose/demand to arbitrate certain/any claims/disputes not exempted by the contract's arbitration clause--even if the other party has already filed a lawsuit, but before a trial? A motion to compel arb is a motion to have a judge order the other party to arbitrate, when that party opposes arbitration and wants to remain in court. If you've answered the complaint without asserting arbitration as a affirmative defense, have sent requests for production of many documents, not just the cc agreement, have not sent a notice of intent or a demand to arbitrate the claims, how has Plaintiff opposed or refused to arbitrate? They haven't been given the opportunity to do so yet; they've only exercised their contractual right to choose to file a claim in court. Unless the Citibank cc agreement bars them from ever filing in court. You haven't taken any steps since they filed to assert your contractual right to arbitrate their claim or any counterclaim you may have.
  8. No one cares anymore. Everyone freely gives all of their personal ID info on social media and installs tracking apps on their phones so they can get a free coffee every few months and to get $2 off their new socks at Target. All of this with the full knowledge that these databases that are storing all data from their phone, credit cards and social media accounts are routinely hacked due to businesses not having any meaningful recourse for such lax security.
  9. If the loan contract contained an arbitration clause you may be able to work out a much smaller settlement deal and have it removed from your credit reports by filing an arbitration case against them.
  10. Has Midland been calling your cell phone? I would order hard copies by mail of all 3 credit reports. You can google the 800 numbers for each CRA and go through the automated phone prompts to order a copy by mail for free (decline the addition of your credit score for a charge). Use the option of "adverse action" to get a free report. Once you get the reports by mail, look for Midland on your reports and compare the information (dates and especially BALANCE) to the collection letters they have been sending. It is likely that the balance will be different on your credit reports. You can likely turn this into a violation for use in arbitration.
  11. @Brotherskeeper Thank you; appreciate your sharing your thinking on this in any case. In response to a consideration you raised about how plaintiff can be compelled to arbitrate -- doesn't the CC agreement say that any dispute should be arbitrated? So by bringing this to court first, aren't they actually not following what was in our agreement? (Even if I don't give them notice, which I will try to do in any case.) Or is arbitration simply a right? i.e. I can request arbitration if I see fit, and so can they; but it's not a requirement.
  12. You are quite correct, @fisthardcheese. I should not have paid. I demanded Midland pay the filing fee when I filed the MTC, in a letter attached to the JAM application, in a separate letter to the law firm (which I filed electronically with the court- because, why not?) and in numerous emails between Kohn, JAMS and me. Even though I knew I was right, in the end, I paid the $250 when JAMs sent their "final" fee demand letter. I was 99.9% sure Midland/Kohn was not going to arbitrate, but the Kohn lawyer was so po'd at me, personally, that I was worried he might pay the filing fee himself just to call my bluff. That is why I blinked and almost immediately regretted it. When Kohn sent me a dismissal agreement, I refused to sign until they reimbursed me the $250. Ultimately, Kohn just filed a Dismissal (with prejudice, of course) with the court. I believe I could have sued them to get it back, but, frankly, I was so thrilled to have the $5k debt gone that I just wanted to be done.
  13. i have only received the original petition. Rausch Strum is the law firm
  14. The agreements are found on the CFPB web site
  15. Anyone have the OC agreement for HHgregg so when I file for attribution I know wheather if I can use JAMS or AAA and can print it out and send a copy?
  16. We have seen settlements from a JDB paying the equivelant of the JAMS fee back to the Defendant, however these are generally in higher court cases where an official MTC is granted and there is more leverage to use against the JDB. In your case, because you are in Magistrate Court, they don't officially grant the MTC and the JDB is allowed to dismiss any time they want which takes away your leverage to force the dismissal settlement you want. However, with that said, I would have played it out the same way you did. It hurts nothing to take that shot in asking for the settlement in exchange for dismissing the JAMS case. The only problem is that if they just say "no" or ignore you, there isn't much you can do with it. But you did get the dismissal, so that is still a win!
  17. If this is just a hearing to set discovery and such, then it is still a viable option. If this is a trial date, then it's a little more sticky, but it would never stop me from trying. My motto is that an MTC is never late or incorrect until a judge tells me so. I would check the arbitration link in my signature below for a basic template for the MTC (Motion to Compel Arbitration). This is, of course assuming your OC Bank Card Agreement has arbitration in it. Who was the OC?
  18. A dismissal with prejudice can take care of all other issues like that afterwards.
  19. Did you not send a cover letter with your JAMS Demand pointing out that the company is liable for 100% of the filing fees per the Synchrony Card Agreement? I would never send money to JAMS with a solid contact like the Synchrony one.
  20. I suspect any time Citi is a defendant, if the state rules allow it, they get it out of small claims and then into arb--where there's no case ruling to be made public. A critical first step for any defendant with Citi's small claims arb exemption is to research rules to see if your state allows a case to be transferred to a higher court. My state allows this, but my state does not allow attorney representation in small claims court, so JDBs don't sue in small claims.
  21. I think that is the way throughout the state. At least in my county, which has the added benefit of having the most pro-consumer judges in the state. I once had a case heard by THE most consumer friendly Circuit Court judge in the state. I was happy with that case.
  22. That could be a MSJ hearing. Did you receive anything from the plaintiff? What law firm filed the lawsuit?
  23. Last week
  24. Maybe there is. What I was thinking about was pre-emotive arbitration. You need to find some way to get this into arbitration before you are sued in small claims court. The easiest way is if there are violations. There are other ways. Usually the best time to start arbitration is right before they file suit I would suggest sending additional letters for both accounts saying you are electing arbitration for the claim and that the claim must be handled in arbitration. Add something to the effect that you are willing to work with them to get the matter into arbitration. See how they react to that.
  25. @Brotherskeeper This is quite interesting. It just shows how deviously Citi constructed the card agreement. I wonder just how many times they’ve argued “both sides” of their own agreement.
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