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Showing content with the highest reputation since 05/25/2019 in Posts

  1. 7 points
    I just want to say Thank you, to all of you who spend your time day after day assisting regular day to day people, with out asking for anything in return. My wife was served early 2014, just when we were starting to recover financially after the financial crisis. With the help of the wonderful people in this website, she fought all the way to trial. she settled at the end, and accepted an offer that she would not have received otherwise. I was then sued in 2015, however my case was dismissed a few months later. Five years later, we now have two kids, and looking at the possibility of purchasing a property in the near future. We would probably still be underwater without the help extended to us during those difficult times. The job i held the previous years game me the time to stick around and help those who are in the same position i once was; however, i am starting a new job and wont be able to sign in as often as i do now, but i just wanted to say one more thank you to all of you anonymous real life heroes. Thank you!
  2. 7 points
    @fisthardcheese @BV80 @debtzapper @Robby8900 @Brotherskeeper @Pericles @Harry Seaward @Goody_Ouchless @Norfolk&Wayman Well it's official. DISMISSED WITH PREJUDICE.
  3. 6 points
    I would recommend three things: 1. Research what you need to do to protect yourself as much as possible from a judgment until such a time as you can declare BK. 2. Contact a mental health professional. I am 100% serious here. You said the stress is bad enough you have thoughts of suicide. You need help coping with the stress. There are options for people with no money. 3. If you have any weapons in the house, get rid of them. Even if they are collectors items for display. Two guys I was close to when I was a kid are now dead because they had access to collectors item weapons when they were feeling suicidal. Everyone I know who attempted suicide without a weapon, including my own kid a few months ago, is still alive. Although a couple of them, including my kid, came close to dying. Everyone I have ever met who attempted suicide and failed is glad they failed. Why? Because things always get better eventually.
  4. 5 points
    Thought I’d give an update. I followed the advice from @fisthardcheese and PRA attorney emailed me stating they would agree to dismiss with prejudice for Dismissal of the arbitration case. They should send the agreement over today!thanks everyone.
  5. 5 points
    Well, I haven't been an attorney long. But I have never seen any debt buyer in NY doing field trips to OC to get acquainted with their business practices. That would present interesting legal issues to litigate though. In the case law I've read, it is pretty clear that only having custodian testimony, without more, is not enough in NY. I know a collection attorney who represented a medical JDB. He told me the JDB and the medical provider had an agreement that the medical provider would be available to provide affidavits for motions and show up at court appearances to testify. I have NEVER seen that among the consumer credit plaintiff's and JDB's. I've handled about 5 JDB cases now. When I have pressed them for names and addresses of witnesses to appear at trial; and have taken discovery seriously; they have all folded. They know they can't prove their cases and go for the low hanging fruit. I've gotten three dismissed via agreement, one was for a sum of $33,000. And today I got one dismissed via a judges order where the judge denied a JDB summary judgment and granted the cross-motion to compel arbitration.
  6. 5 points
    Updating my thread as I am now officially finished. After initiation with JAMS PRA did not want to further the case so they asked for a mutual walk away. I told them only if it is w/prejudice. So this makes win number 3 now. Arb in Ohio is a viable strategy, and I wouldn't have been able to do it without the help from the wonderful community! This win is for you guys!
  7. 5 points
    In case anyone is interested, I filed the MTC for arbitration. The law firm was reasonably quick to get back to me, though I wasn't quick to respond (life got in the way). Once I did communicate with them, I asked for mutual walkaway with prejudice and TL deletion. They took it back to their client who agreed. Paperwork has been signed and I got an email from the lawyer today with a copy of the paperwork they are filing with the court for dismissal.
  8. 5 points
    @fisthardcheese @Harry Seaward @BV80 @Brotherskeeper @Pericles @Norfolk&Wayman @Goody_Ouchless Just got a email from Midland's attorney agreeing to the settlement offer @fisthardcheese told me to use. DISMISSED WITH PREJUDICE!!!!! I will celebrate more when it's in writing and in my hands. I will post a picture of it when I get it. THANKS to everyone on this forum for the help. Couldn't of done this with out you.
  9. 4 points
    Just to finalize this, I received PRA's Voluntary Dismissal with Prejudice several weeks ago. I can't thank each of you enough for your help and support. I would not have succeeded without the advice and information provided here and would've been screwed had I gone with some of the information on the internet. Again, my sincere thanks to all of you.
  10. 4 points
    Update: Finally received the Magistrate's Order: This matter came before the court for ruling upon Defendant's Motion to Compel Arbitration, and Stay Proceedings. After review of Defendant's motion, the court finds the Motion to Compel Arbitration and Stay Proceedings well-taken and is hereby granted. This matter shall be STAYED for 60 days to allow this parties to initiate Arbitration Proceedings. This case shall be set for a Status Conference by at 9:30 a.m. on February 12, 2020. Looks like I got it! Now to file with JAMS and see what will happen. Not sure why both weren't uploaded at the same time but I'll take it no matter! Brotherskeeper and LaneBlane plus everyone else, thank you so much for helping me get this far. Now to wait and see what happens. Hopefully I can push for walk-away w/ Prejudice
  11. 4 points
    Yep. You asked how to beat Discover in arbitration and I told you that you couldn't, and instead of wasting time fighting a losing battle against Discover in arbitration, use that precious time with your dying father. I know. Total d**k move on my part. Let's compare - shutting down a user on an internet message board that is abusive to other users vs. systematically murdering 6 million people. Yeah, when you put it that way, i see your point.... It doesn't make sense because there aren't any of the nefarious reasons you're trying to create. There are 5 pages of me trying to debate you that everyone here can go read for themselves. As everyone can see, you don't debate. You don't respond to any points other people make, but instead keep repeating your same nonsense and calling me (and others) names. For these reasons, this thread is also locked, and and because you insist on starting new abusive threads, your posting status has been 'upgraded' to moderated status. Congratulations! Membership has it's privileges. Shhh! Don't tell anyone, but I didn't lock your previous thread. I'll let the responsible party identify themselves if they wish, but you probably think I locked it because my post was the last one in that thread. As a moderator, I have the ability to post into locked threads, just like the person that locked your last thread can post into this one. In fact, I have already locked this thread before I started making this post. Neat, huh?
  12. 4 points
    Hi everyone, I just got my win from California today. Plaintiff filed a request for Dismissal the day after they got my mail. I sent them a Meet& Confer letter and objection attached to their Violation of CCP96 letting them know that I will object if they plan to call any witness. Without a competent witness who has personal knowledge, they cannot authenticate any documents. Im very grateful for this forum and to @calawyer@LoveIsPower@ATSmedic @HomelessInCalifornia @RyanEX@sadinca and many others as well. I just want to say that you can win too!! Just dont give up without a fight and try your best! As long as you can show them that you understand the law, you can also have your win. I have been on this forum for the past year reading and studying. It was all worth it.
  13. 4 points
    it's just as much your story as mine @SJULawAlum so GUYS the update is that literally RIGHT before I was headed to post office (like mere seconds to send my arb stuff to jams) my lawyer got a call from some dude over at jdb law firm stating they would offer me a settlement in exchange for what I would pay for arb filing fee $250. Obviously my lawyer is a genius (duh) and said he didn't know if I would settle so now feel as though ball is in my court as can use this as leverage to hopefully 🤞get what I want from midland otherwise I suppose why wouldn't I do arb?!? or go through with it rather...so now we will wait to see what their settlement offer is and go from there but just wanted to keep everyone in loop for future people and for my forever gratitude to those on my journey and STILL helping/weighing in. Obviously I am literally blessed with @SJULawAlum who not only is a whiz at NY law, great attorney and just wonderful person... but also to those who've helped me from the beginning and still do @Brotherskeeper and the arb godfather himself @fisthardcheese I don't want to jinx anything but am hoping we've come this far can get what I want🤞🤞
  14. 4 points
    This is astounding! When this thread started, I was certain they had obtained a default judgment. Once again, The Cheez comes through!
  15. 4 points
    Thanks. My kid just got home from the first day of school. I don't want to hijack the thread, but it really puts things in perspective. What we are dealing with is just money. Money is nothing but a medium of exchange. It isn't worth suicide over money. Life is a sacred gift. Money is a man-made construct. My father was always wondering something. He knew that his maternal grandfather died when he was young, and the rest of their family acted strangely to his family after that. I mean REALLY strangely. He never understood why, and I remember him trying to figure out a letter from his uncle, which started out saying his uncle wasn't looking for any money. It turns out my grandfather bailed out his father-in-law a few times after the 1929 stock market crash, but at some point the stress was too much for my great-grandfather and he killed himself. My father never knew this. I found out from my uncle, Dad's older brother, right after my father's funeral. The thing is, the money problems were temporary. All the problems would've gone away. But my great-grandfather killed himself over some very temporary money issues. I know that ALL of us have had sleepless nights, and times of great stress. I just hope that anyone who is thinking about killing themselves over pieces of paper that have no intrinsic value will get the help he or she needs before it is too late. Things get better.
  16. 4 points
    Thank you for your concern. I am no longer in that state of mind and have thankfully overcome that period of my life. I was merely stating what I had to go through in order to still be here today. But thank you for your concern and i'm sorry to hear about what happened with your kid; glad he/she is alright and also pulled through.
  17. 4 points
    Just wanted to give everyone an update of my case... I was able to get the digitally signed promissory note from Prosper and I filed the MTC arbitration with the court. While I was waiting to receive the promissory note I sent a letter to Plaintiff's attorney electing arbitration. There was a scheduling hearing on July 26th at which time the Plaintiff's attorney stated that they wanted to wait for the court's decision on the MTC arbitration before scheduling a hearing. The judge granted me a stay on the discovery and interrogatories since they were due the following day. I was called the day before the MTC hearing by the court clerk and she said that I had not provided the court with a courtesy copy of the motion. I literally had to leave work, run home and print everything out, 3 hole punch the 18 page document, rush to Walmart to get a binder (clerk said it had to be in a binder) and drive all the way downtown to deliver it by 3 PM. This was very stressful but I managed to get it done! The MTC hearing was on August 1st and, lo and behold, the Plaintiff's attorney filed a motion for non-suit without prejudice at the last minute. Sort of anti-climactic but at least it's over with unless they sell it to someone else that tries to sue again. Thanks again everyone for your assistance.
  18. 4 points
    Great update! I lucked out. The attorney that showed up for Unifund was completely clueless. The judge forced us to mediate, so I told him I had a signed court order to arbitrate, and I also had a letter from AAA indicating that because I had a signed order, they could not pursue in small claims and it said that they had to pay $3250 immediately or the case would be closed. It specifically said that the claimant had fulfilled their obligations and was waiting on the respondent. The attorney looked it over for 10 minutes. He reviewed his paperwork, and then looked at his phone, then finally made a phone call, and then asked me that I could sign a consent agreement and go ahead and settle because he was planning on trying to get the court order vacated because of that one sentence in the citibank agreement about "small claims court". I told him that it was too late, that I had a signed court order and that we can go to trial. Well the judge then forced us to go through mediation with a mediator. I explained my situation, and the attorney said the same thing he said earlier. Then I was asked to leave so the mediator could talk to the attorney. When she called for me to come back and speak privately, she tried to tell me to settle!!! That they would be willing to settle for $700 and I could pay $50/month, and that it would clear my credit and that she was just giving her advice on what she would do. But I said that I had a court order!! And she told me she said the judge could decide to vacate because of that stupid citibank small claims section of the agreement. I told her I'd take my chances and wanted to go to trial. WELL I gave the judge my order and a copy of the letter from AAA, and she asked the plaintiff why they had not started arbitration! She said that if they didn't start it, then they would be held in contempt for violating a court order, and she said that she definitely would NOT vacate the order because the last time we were in court the Plaintiff agreed and signed off on it! We go back in 30 days, and if the plaintiff does not either 1) dismiss or 2) fulfill arbitration duties and begin proceedings, then they will be in contempt. She told me that if I had any motions to file, then I should do that prior to the next court date. But I'm not really sure what she meant by that for me? I don't have any motions to file, I think? So yes, finally I had a judge kind of see my side for once. THANKS for ALL THE HELP everyone! I hope to get a dismissal in the mail soon!!
  19. 4 points
    Thank you to all that helped me along the way, case dismissed with prejudice!
  20. 3 points
    Just got six month pay cut at work. We have one CC with a balance of around a grand. Thinking of paying that off with savings and then trying to save at least a portion of the 400/month I was paying on it.
  21. 3 points
    Till Labor Day or the collapse of Civilization, which ever comes first - just like for everything else.
  22. 3 points
    A quick update: Following Firsthardcheese's advice, I sent the mutual dismissal letter and I was contacted by the JDB's lawyer. We agreed to a mutual dismissal with prejudice and a removal of the trade line from my credit report ! I checked the court website and saw their dismissal was filed on Feb 27th. I agreed to dismiss my arbitration (which I advised AAA to do). So Wow - this is a big relief. I could not have done this without the help of this forum - Thanks everyone ! I'll still be checking in if anyone has any questions or if I can offer any advice. I posted a copy of all of my redacted docs earlier in this thread.
  23. 3 points
    Because that part isn't your debt - they can charge legal fees, since they had to incur those costs to collect, but they can't charge you for what they bought it for, since they did that to make money. It's like if you buy a used car for 1K and fix it up so it's worth 4K - you aren't going to say "I want 5K - the 4K it's worth plus the 1K I paid for it."
  24. 3 points
    Quick Update. Plaintiff's lawyers for PRA didn't show up in court. I'm sure their strategy was to assume it would be dismissed for WOP w/o Predjudice so they could refile and possibly have a second bite at answering We explained to judge that Plaintiff didn't respond to discovery and we were prepared to strike any evidence they attempted to admit. Convinced judge to dismiss w/ prejudice.
  25. 3 points
    You need to understand this. You had your day in court and as a result of the trial, they won and got a judgement. Whether it was based on what you consider a technicality or the merits, the legally won. In court, you are required to know the rules and law (even if you are pro se) as any attorney does. The judge might cut a pro se some slack but they are not required to. In this case they legally won and got a judgement. With that judgement, they are allowed to wreck havoc on your financial life at will and without warning contingent to the laws of the state and the rules of court. They are allowed to garnish wages, levy bank accounts, levy account receivables, dip into a cash register, put a lien on your home and other real estate, and possibly take assets. Again, that is within the rules of the state. The State of California allows certain exemptions to garnishments and levies but you need to tell us where you think an exemption applies and then you need to tell the court why an exemption applies and prove that it applies. Also, unless there are state rules that say differently, they are not required to inform you before taking action. Midland does not need to deal with you at this point and are not required to accept payments or settlement. They legally can demand no less than the full judgement in one lump sum and will get it one way or the other (with statutory interest) as long as it takes (especially in your case because they now know that they can continue to levy bank accounts and will renew the judgement if the SOL nears which is 10 years). From what we see about Midland, they are perfectly easy to work with if you come to them with contrition, are humble, and have a real need. In your case, it sounds like you fought them all the way and lost and now they have no interest in settling because they don't have to. If you have a valid exemption, that might give you some negotiating power but right now, they are holding a full house while you don't even have a pair. You are not in a good position here. If the levied funds are enough to satisfy the judgement, let them have them and move on. If not and you insist in not paying them, you are going to need to find a way to do gig work without the funds hitting a bank account.
  26. 3 points
    Thanks for the interest - I definitely owe this community a follow up! I took your advice, @LoveIsPower , and called the plaintiffs law firm, Mandarich Law, but never got thru. The gatekeeper just said she'd take a message for me. I called twice on Monday and then once on Wednesday (trial date was Friday). I was also extremely busy with work so it was tough to find the time with so many other things needing attention. I'm a costume designer / wardrobe stylist for commercials and this time if year gets very, very busy for me and then dries up at the beginning of the new year so I have to take as many gigs as I can get and juggle them. So I kept checking the status of my case and it remained "pending". Two weeks before I had gone to the courthouse to see some trials and noticed a lot of dismissals happening - these dismissals were different than the ones I had seen before - it was people showing up and being informed that their case was dismissed. This was new - people being told "dismissal" as a surprise. Something seemed different, so I just told myself it was gonna be okay - maybe Cavalry and Mandarich Law are having a falling out(?) I thought. During the 11 months I awaited my trial dated, I had gone to the courthouse a total of 6 times to see trials because I wanted to see someone give an objection (never saw even one) and I also wanted to see if anyone else was defending their case with a similar strategy to what's proscribed on this forum (never saw any of that either). Night before my trial, I printed out some of the materials shared from this forum but I was so tired I didn't really study it - I justified it in my mind by thinking "this is not a trial brief but during the meet and confer, I can brandish this stack of papers and make them believe that it's a trial brief so they back down." I was really tired... I also knew that I would always be referring to the debt as "the alleged debt" and object, object, object. In the case that the judge did somehow allow any of their evidence in - I noticed that their ID# for my alleged account was inconsistent across 2 documents - it's a 20 digit ID# that is a combo of numbers and letters and the last 2 digits were different on 2 pages. And then there was a 3rd page where they messed up on their formatting of a table and cut off the last 2 digits of this ID# - or maybe that was intentional? So I knew that I'd be able to show that to the judge and it might be enough to have reasonable doubt. I showed up to the court and met their rent-a-lawyer. She was very friendly and said "we are dismissing this with prejudice - you really didn't have to show up, but I guess if I were you, I would've showed up too. You're free to go, I already let the court secretary know." So I left. I had to be on set at a commercial and I was getting sent texts about technical issues. I checked the case summary online and it confirms the case was dismissed but it says "dismissal without prejudice" - they told me they would dismiss WITH prejudice. Either way it is now well after the SOL so I don't think I'll worry. I hope this information is helpful to anyone in need of help or reassurance. I'm glad that I never had to appear in front of the judge. I really wasn't ready to be honest. But I don't I would've ever got this far without the help I received here. Also, I asked my father if he'd be able to help me with this early on - he did one night of research and concluded that I should just reach out to the jdb and give them whatever they want rather than go to court and end up with legal fees. I'm so lucky I found this place and that you are here. Okay - so can I dispute the collections on my credit report now?
  27. 3 points
    Happy Thanksgiving everybody!
  28. 3 points
    Actually they are NOT saying you failed to answer the complaint. They are making a big error by reversing the dates. They claim that they served you the DISCOVERY questions on 6/24 and that you failed to answer discovery within 30 days. Does the court's docket show when they filed discovery? You need to file an objection to this MSJ and state that The Plaintiff is in error and that they did not file interrogatories on 6/24 because that is the date they filed their complaint which was not served to you until August 26th. I would state in my opposition that they did send discovery requests on Oct 9th and that you did return the response which was signed for by Plaintiff's council on Nov 4th. Include the signed green card as evidence. I would then state that there is a pending Motion to Compel Arbitration filed by the Defendant which has not been objected to by the Plaintiff within the time limit (cite the court rule on responding to a motion). I would conclude by asking the judge to deny Palintiff's MSJ and to Grant Defendant's MTC as unopposed.
  29. 3 points
    Just wanted to give an update and a big thanks to @fisthardcheese, @BV80, @Brotherskeeper, @nobk4me I submitted my revised Motion to Dismiss along with my affidavit which was notarized by an Attorney in Toronto that included my Permanent Residency status docs from Canada along with my Canadian government issued ID. It took about 2 weeks after submission for a response but I have now received Notice of Voluntary Dismissal filed by the plaintiff. I could not have done this without the help of the board members here and just want to again say thanks so much for your knowledgeable help with my case.
  30. 3 points
    If there's some legitimate racial basis for why you stopped paying your Discover bill, you need to speak to a civil rights attorney ASAP. Otherwise, your ethnicity and that of the arbitrator is completely irrelevant to your arbitration case.
  31. 3 points
    Would just like to chime in here, and not break the law by disclosing anything and this more pertains to JAMS. Before people weigh in and state I could have asked JDB to pay my JAMS fee, as that would have been an option considering the synchrony arb agreement, I had put money aside in the case of paying my JAMS filing fee and paid because A. the judge's ruling in my particular case was a bit finicky and B. had it NOT been for JAMS emailing both parties and their representatives I am not sure I would have ever received the outcome I had been looking for. So in some crucial way JAMS does have a very vital role in this and thus, was happy to pay for JAMS was sort of the push I needed. For future people this is the JAMS "cancellation policy" and perhaps this has been invoked due to so many people using this forum, I don't know lol;) Please note that the filing fee for this matter is still due. If a matter is withdrawn within five days, the refund is $600. Therefore, the current outstanding balance for the filing fee is $250 on behalf of the Claimant and $350 on behalf of Respondent per Consumer Minimum Standards policy. Just so people are aware, and truly this was the smoking gun so to speak so bless JAMS on some level. Lastly my final question is and prob goes to experts out here as far as removing debt trade line, is there a certain time frame everyone suggests, ie wait ninety days then send a letter to credit bureaus, or can it be as soon as a month? and do you all suggest including signed paperwork? or simply stating I "am no longer liable for this debt" and keep it simple Sam...? And once again hugest shout out to @SJULawAlum seriously anyone in NY he's an actual encyclopedia on NY law, amazing attorney, as well as person and STILL can't believe I was lucky enough to find him... And of course can't reiterate enough my continued gratitude forever to those that have been with me on this journey since the beginning of this year...not only was the forum a beyond useful source and fountain of information during an insanely stressful time, I TRULY don't think I could have made it out alive without any of you... @Brotherskeeper @fisthardcheese
  32. 3 points
    @Brotherskeeper always going above and beyond. 🏅
  33. 3 points
    Midland's attorneys got a letter from JAMS requesting a $1,250 fee. Amazing how quickly Midland came back with a stipulation of discontinuance with prejudice and a full release of the claim lol.
  34. 3 points
    Just arrived home from the Franklin County Municipal Court. The Plaintiff dismissed the case against me before pre-trial was even heard. I'll post details of what I filed as soon as I get the official notice of case being dismissed. Thanks for everyone that pointed me to the right direction!
  35. 3 points
    Thank you very much for your contribution to help TN members with state specific information. We need more people to do this, as each state can have very specific requirements (as you have learned). This is a great post for TN defendants. Everything you have done looks perfectly good. The only thing I would add is to perhaps include some state specific case law in your MTC. If you can find a TN case or a 6th Circuit case showing arbitration is an absolute right when a valid agreement exists, I would include that right above the SCOTUS case law. Otherwise, everything looks spot-on. Absolutely nothing. You want arbitration, so these items do not apply. If you were trying to AVOID arbitration, these sections would be used by yourself to show it isn't required of you.
  36. 3 points
    You defaulted on a credit card, waited until their 30% offer expired to call them, and now you want to sue them because they will will only give you a 60% discount and not 70%? It's a great time to be alive, everyone. (You can sue anyone for anything, although i don't know what your cause of action would be based on. In any event, you can expect them to turn right around and sue you for the full amount of the debt, plus legal fees and court costs. I'd probably just be happy with the $300 instead of $750, but I'm old fashioned that way.)
  37. 3 points
    I would at the very least call the clerks office tomorrow and verify if the case is dismissed and the hearing is removed from the calendar. If so, then no need to go it. If there is any question about it at all, then I would still go in just to be sure.
  38. 3 points
    Right - we all know I'm the one working for Midland - Harry just moved to Unifund.
  39. 3 points
    Congratulations! 👍 Thank you so much for informing us of the outcome. That’s a benefit to other consumers who come to this site.
  40. 3 points
    @Xtreme98, you WIN!! Congratulations! Technically speaking, the dismissal withOUT prejudice means they could re-file, but in most all cases I've seen, they don't -- too expensive. The JDBs like defendants who don't respond to their complaint, so JDB can win by a default summary judgment. You are one of a few percent who let them know you were ready to fight. They 'blinked.' Congrats again! Hopefully it will be the same for your Circuit case. Best, Jimmy
  41. 3 points
    @RelayerPA Here are 2 cases that have a lot in them. Taylor v Extendicare discusses when one claim can be arbitrated and the other needs to remain in court, the claims can be bifurcated. This may help you if plaintiff tries to argue that both claims should remain in court, if the small claims exception applies on the one credit card. Saltzman v. Thomas Jefferson University Hospitals, Inc., 166 A.3d 465, 469 (Pa. Super. 2017). "Pennsylvania courts apply the liberal policy favoring arbitration agreements embodied in the FAA. See id. As our Supreme Court recently emphasized, courts are "obligat[ed] to consider questions of arbitrability with a `healthy regard for the federal policy favoring arbitration.'" Taylor v. Extendicare Health Facilities, Inc., ___ Pa. ___, 147 A.3d 490, 509 (2016) (quoting Moses H. Cone Mem'l Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 20, 103 S.Ct. 927, 74 L.Ed.2d 765 (1983)), cert. denied, ___ U.S. ___, 137 S.Ct. 1375, 197 L.Ed.2d 555 (2017). "[T]he FAA binds state courts to compel arbitration of claims subject to an arbitration agreement." Id. (citing 9 U.S.C. § 2)." Taylor v. Extendicare Health Facilities, Inc., 637 Pa. 163,147 A.3d 490, 509-10 (Pa. 2016), "As noted, the FAA's objectives are to ensure the enforcement of arbitration agreements and facilitate streamlined proceedings. Arbitration of a single claim under the facts presented herein, with multiple plaintiffs and defendants and several causes of action remaining in state court, likely will not lower costs or enhance efficiency. Therefore, the scenario that we are addressing arguably presents a conflict between the two objectives of the FAA, where enforcing the ADR Agreement between Decedent and Extendicare will satisfy the enforcement objective at the expense of efficiency. Under such circumstances, we are bound by the Supreme Court's directive to favor enforcement over efficiency. See Moses H. Cone, 460 U.S. at 20, 103 S.Ct. 927; Dean Witter, 470 U.S. at 217, 105 S.Ct. 1238; KPMG, 132 S.Ct. at 24. The Supreme Court has made clear that bifurcation and piecemeal litigation is the tribute that must be paid to Congressional intent. Dean Witter, 470 U.S. at 217, 105 S.Ct. 1238."
  42. 3 points
    First off, is there a case number on the papers you were served? If not, they plaintiff is using pocket docket and you will need to send your answer to the plaintiff, not the court house. This needs to be done within 20 days from the day you were served. If there is a case number on the papers, then you file with the courts but be prepared to pay the court fees which might be quite high for $1200 case if they are using civil court rather than conciliatory court. You indeed use the state form to file an answer and under affirmative defenses, you check "Lack of Jurisdiction" and in the reasoning part, you state that the contract contains an arbitration clause and that you elect to use arbitration. The arbitration clause has a small claims exemption but that is only if you sue. Again, see above as to where you send the form. If you have to file in the court, conciliatory court will be about $75 and civil court will be $0 if they used pocket docket (just make sure you send your answer to the plaintiff attorney using CMRRR postal method). If they ever do file in civil court, those fees are about $350. You have 20 days to prepare and file this with the appropriate person. You then need to prepare a MTC arbitration. We can help you with that too. What I would do is take as long as possible to answer the summons and complaint and then a week later, either send the plaintiff attorney the MTC (if pocket docket) or file it with the court (if filed in court). I don't know the cost of filing a motion in conciliatory court but it is $175 in civil court. We will help you get further if need be. Since the fees are so high, if you are in pocket docket, what I might do is once I send the MTC to the plaintiff attorney, I would offer them the $600 I would pay in court and arbitration fees as a settlement as long as they do not file in court (with the understanding that once they file, the deal is off).
  43. 3 points
    @Robby8900 I added "in Ohio" to the topic of this thread to help make it easier to find in a search.
  44. 3 points
    To test this, I did a number of searches in my local court. I searched the small claims court docket for the most common JDBs: Portfolio, Midland, CACH, Cavalry, LVNV. None had ever filed in small claims court. Others in Ohio can try similar searches.
  45. 3 points
    Update: Had to file an appeal due to my MTC being denied initially. Appeal was won, and decision was overturned. I began the arbitration process, and JDB attorney has yet to pay filing fee. He sent an email to our arbitrator stating that in JAMS agreement, if claims are made in Court and other party is granted MTC, then it is JDB responsibility to initiate arbitration proceedings. In same email, it was mentioned that state case was dismissed. However, I have not received any documentation confirming that statement. Looks like I am in a good spot, but the arbitrator is wanting a response from me - seemingly agreeing with the JDB about who should initiate proceedings. Anyone ever ran across this situation? @fisthardcheese
  46. 3 points
    another update: "Plaintiff respectfully requests that this matter be dismissed with prejudice. Plaintiff no longer wishes to proceed." Does this really mean this is over????????
  47. 3 points
    They went off the deep end - constantly begging for money, despite many users offering solutions - to the point it started looking like the site was being used as a source of passive income.At the end it was like Hitler in the Bunker, banning anyone who spoke up.
  48. 3 points
    Quit whining. Many of us are open to thinking outside the box. The arbitration strategy was considered lunacy when it was first proposed. There were some nasty battles fought here. Thing is, those of us advocating the arbitration strategy had numerous victories over our creditors. We didn’t whine about people not believing us. We beat the creditors and eventually others came around. One difference is the arbitration strategy was based on facts and laws and actual cases. Cases that could be verified online. Some of us tried aspects of the arbitration strategy that worked, and others that did not work That is how the strategy was refined If you want to win an argument, try it in court and either win and show us your victories or lose and take your lumps.
  49. 3 points
  50. 3 points
    Let it go? What else would you do? When JAMS bills the full filing fee to the other side, there is nothing to "let go" of - or do at all. I'm confused as to what you think this is? Not that odd, actually. I said be patient, and it turned out to be textbook.