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Showing content with the highest reputation on 10/28/2020 in all areas

  1. 2 points
    Congrats on getting your MTC granted! I would go back and read cheeses first post particularly under the "filing the arbitration claim". Now that you have a court order to go to arb, you can proceed as advised. Here are some highlights I copied from cheese: "Remember that when you ask for arbitration and file it, you have now flipped the roles. YOU are the "Claimant" and THEY are the "respondent". This is essentially like you are now "suing" the JDB, only in arbitration instead of court. Think of it just like that. You would not file a lawsuit against yourself, so do not do it in arbitration. I would never mention THEIR claims against me, nor the debt in any way." Once the MTC is granted they MUST either pay the deposit to proceed with arb or ask for a settlement (hopefully mutual dismissal). The court should put the case they filed against you on hold until a certain date pending arbitration. In my case which was also syncrony/walmart, once the MTC was granted I filed the arb case about 2 weeks later. The opposing law firm never responded to anything from JAMS. They waited until the last minute, literally, to offer a mutual dismissal settlement. So don't be surprised if you don't hear anything until the deadline approaches. File the case with with the arb company and stay on top of anything they ask for then do as cheese advises in this post.
  2. 1 point
    Just file with JAMS and stop splitting hairs over "who" should do it. The last thing you want is to sit there and wait for them to do it and then get hauled back in to court for a trial because YOU filed the MTC, YOU asked for arbitration, and YOU didn't file. They can then argue to the court you were not serious because you didn't follow through and it should be heard in court. Is it worth all that over a few pieces of paperwork? File the JAMS case to show you are serious. You do not have to pay immediately. Send copies of the paperwork filed and MTC to the lawyer and WAIT. If you want them to agree to walk away you need them to believe you are not going to back down. If you rush this process they are going to sense the tactic and pull a fast one on you that leaves you in court. It won't take them long to ask what you want to settle the matter THEN you state mutual walk away.