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  2. Good catch. I just checked and also do not see this rule in any of the JAMS rules that would be applied to a consumer case.
  3. To find card agreements: 1. 2.
  4. Today
  5. @Pericles Thank you for this info. I couldn't find that info in the JAMS consumer rules.
  6. @robf270 Did you source the above from anywhere other than JAMS International Arbitration Schedule of Fees and Costs? (pdf on website) The above refund policy language doesn't seem to be present in the non-International fee schedule.
  7. Thank you so much for this updated information. I do not have copies of the original cc agreements. How do I find out if there’s a clause about arbitration with each card and is there a way to find out which of the two (AAA or JAMS) is appropriate?v Thank you...
  8. This is very good advice. These outfits can cast a very wide net, including in-laws and distant family. The calls really upset elderly family members who may panic.
  9. Your answer should deny all allegetions as set forth in the complaint. And you should add an affirmative defense of "lack of subject matter jurisdiction due to a private arbitration clause in the underlying contract"
  10. I do believe the 100% refund is new. But it does say minus the arbitrator's time already put into the case (and I assume the 12% administrative fee on top of that as well). So now is a good time to start putting the arbitrator to work early and often as I usually suggest anyway. I would start working on discovery and objections, asking for phone hearings on anything not on the up and up prior to the hearing. Eating up a bunch of that initial $5k deposit will be key. JAMS won't set a concrete date until a couple warnings to pay are sent first. They will get at least 30-60 days before JAMS sets a final deadline to pay. You must be patient and wait. There is no rush at this point.
  11. The answer is mostly a formality. It's not like they will hook you up to a lie detector test to see if you REALLY didn't know or flat out denied it even though you weren't 100% sure or something like that. The way I usually explain it, is by asking if you are absolutely sure that what they claim you owe is correct down to the penny? Did they calculate all interest and late fees correctly? Do you know that answer right now without looking through documents? If you can't answer that, then I would deny (or state that you don't know, therefore deny - it's the same thing) their claims. Denying everything just forces them to prove it through their evidence.
  12. JAMS is a better option not only from a fee standpoint, but also from a fairness and procedure standpoint too, IMO. We rarely talk about it because JDBs are quick to drop cases and never get into the meat of the case, but if it ever does get that far, JAMS is a better option for a more fair hearing. If you are going to file a claim you would have to do it now before your strike list is due. Once the arbitrator is appointed you may only add claims by permission of the arbitrator - not that you shouldn't seek that permission if you have claims to assert, it's just less steps to do it now. Once the arbitrator is appointed and JAMS tells you who it is, they will also be sending PRA a new bill for $5000. I would restate my settlement offer to them a couple days after confirmation of the arbitrator appointment. This gives them a good option as opposed to paying the $5k bill. I highly doubt they will go further than this. However, if they don't respond, I would make sure that the initial conference call with the arbitrator sets a good tone to let them know it won't be easy for them. I would ask for discovery items and for the name of the witness they intend to present from the OC at the in persona hearing. They won't like this, and if they object, I would tel the arbitrator know that only a witness from the OC can testify to the accuracy and procedures of the OC's records and that the disputed debt amount and handling is a key point in your argument. Did PRA even file a counter claim for the debt? Because if not, then your current JAMS case is about nothing anyway. I would fight any late filing of counter claims from them for the debt (even though it would be allowed late anyway). This is a big reason I strongly suggest filing in JAMS with some kind of claim (phone harassment or anything), because until they file a proper counter claim, the only claims are yours.
  13. Yesterday
  14. Wow that’s great advice but I don’t want to beat them. I owe the debt and just want to settle out of court. Do you think the lawyers would drop the case and let me do a payment arrangements and cancel Pretrial and going to court? You are a very good lawyer.
  15. The Consumer Financial Protection Bureau has a credit card agreement database. You can download a copy of your agreement. You want the year the account was last in good standing. It might be in the archives
  16. File motion to compel. What does that exactly mean? Will that stop the Pretrial? I am trying to just agree and settle out of court. Thank you so much
  17. If you are careful and you do your homework you can win this case. Synchronicity has the best arbitration agreement of any bank. There are special ways to do this in Florida. Do NOT talk to their lawyers anymore Do NOT file an answer INSTEAD of an answer, file a Motion to Compel arbitration. There are threads on this board to teach you how. Make sure you file the MTC before the deadline for the answer. PRC has been beaten many times before with this strategy.
  18. Portfolio Recovery is a debt buyer (JDB). The complaint should state that you opened the account with another creditor, and Portfolio is the assignee or current owner. Pollack & Rosen is not suing you. The plaintiff, Portfolio Recovery, is suing you. Pollack & Rosen is the law firm representing the plaintiff. If you were to sue someone, you could hire an attorney to represent you. But you would still be the plaintiff who is filing the lawsuit and doing the suing. The law firm merely does all the work and represents you in court. .
  19. synchrony credit card I do owe the debt portfolio recovery owes it but won’t talk to me gave me their lawyers number Pollack & Rosen Thanks for your help.
  20. Of course, it’s a possibility, but it doesn’t do you any good if you can’t prove it.
  21. Has anyone dealt with them? Do they follow you into arb if it gets that far?
  22. UODATE: They have stopped calling and leaving messages: They have called twice. About a month apart, left no message but it showed on caller ID. MAJOR UPDATE: I just got a call from my aunt. She is 93. At 2 AM last night she got a call asking for MRS.Duh !!!!! And then they hung up. She has an entirely different name and lives in a different county from me. Her some tried to trace the call and got a message it was not available or untraceable so there was no number. Any guesses if you think it would be them?
  23. You are in Florida, and Florida has its own special rules and laws. You must answer with either (a) a denial or (b) a Motion to Compel Arbitration. Your strategy depends on whether this card has an arbitration agreement, and whether you are dealing with the OC or a JDB We need more information. Who is the original creditor? Does Wal-Mart have its own credit cards or does some bank do the credit cards for them? Who currently owns the debt?
  24. I don't know that it really matters all that much. Fist says the fees in JAMS are higher for the business, so if the point is to make it as uncomfortable as possible, I think JAMS is your best bet. If you were to withdraw your JAMS case and open it in AAA, you know PRA would go back to court and raise heII about it.
  25. Not if they're trying to send the message that they will follow debts of any amount. My bad. The point is the same which is it seems they get a 100% refund if the case is withdrawn. Right. OCs following isn't news.
  26. I just received notice I am being sued for 1,100. Pollack & Rosen is suing me. They have filed papers with the clerk of courts and a pretrial date has been set for a month from now. This is from a Walmart credit card from jan 2016. (Florida) Questions can I get this pretrial cancelled if I settle out of court for the amount they requested? (Call them or email them?)Do they offer (payment plans for settlements?) What other fees do I have to pay besides court cost and settlement? Am I responsible for their attorney fees? How will I be served? What if I don't go to court and then get a settlement against me. Will I have to pay in one lump sum? This is my first lawsuit and I am so worried. Thank you so much for any advise.
  27. I am sorry for your loss, And I agree on The estate is legally responsible to pay its debts before paying heirs. I hope you are well now and have moved on from the grief of losing Dad. According to me you should go for the proper law for your son education loan. Your dad might have planned a probate will where he must have mentioned all those trusts and estate law NJ related topics. You should contact with your family, probate lawyer who can tell you all this thing and can help you out from this process.
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