miker735

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About miker735

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  1. I have an arbitration conference scheduled for next week and am really conflicted about something. When I filed a Motion to Compel arbitration after the other party who is a JDB sued me my motion was granted to Compel. The other party had not followed through but continued to try to litigate the matter. I motioned the Court again to enforce the arbitration. The Motion was granted. In addition the case is now marked dismissed with predjudice...no mention of a stay. I have a notice from the judge that the case is dismissed with prejudice as it has entered binding arbitration. This was sent prior to the other party paying their fees which were sent atleast 60 days after that and after three attempts by JAMS to get them to pay. Would I have the right to drop the arb since the judge dismissed with prejudice? I certainly have quite a few violations against the JDB and the attorney but the attorney is not included in the arb. They are being taken to court separately for their violations.
  2. I notified them in an initial letter sent as a followup to their first letter stating that they were an attorney/debt collector collecting for the original creditor. I notified that I elected arbitration with JAMS. The letter was sent CMRRR.
  3. Thank you. In addition, the attorney who filed the complaint certified that he had no knowlege of "pending" arbitration or "contemplated" arbitration even though I elected arb in the letter. If I elected arb wouldn't it appear that it was contemplated? A knowledgable person I spoke to feels the certification relied on a false statement and should be reported to the State Board of Ethics and pointed out to the court. Has anyone else discovered this in a complaint?
  4. I am sending an attorney/collection firm a followup letter to a lawsuit that was filed against me in NJ. I have about 20 days to answer the lawsuit. In the letter I am reiterating that I elected JAMS to resolve the matter. I am making a demand that the lawsuit be dropped or stayed pending the arbitration. Can I put a reasonable time limit on the days that I am expecting them to respond? If they don't respond within the time limit I would then file the answer and the MTC at the same time. Do I also have to send the same letter to the OC as well even though they are being represented by the attorney?
  5. I was recently sued over an alleged debt and would appreciate advice. I am in New Jersey I notified the attorney in my initial letter before he filed suit that I had elected JAMS to settle any dispute. The attorney ignored my election and filed suit. I am sending the attorney a followup letter to demand he drop the suit because I had elected JAMS and he is in breach of contract. I am in receipt of a complaint from the attorney. Does each point in the complaint need to be answered if I am filing a motion to compel arbitration? Or do I answer the complaint and file a motion separately? I am confused about the correct protocol in a situation like this. Any help would be most welcome.
  6. I checked my letter and I did not use the word "inconvenient." I told them "I do not give them permission to call." I allowed them the avenue of mailing me the response. Wouldn't the lack of the word "inconvenient" bring the "least sophisticated consumer standard" into play since it can be clearly seen what the consumer's intent was? The larger issue here I believe, and please correct me if I am wrong, is that there was a breach of contract when they ignored my election of arbitration. That does not even include the fact that they never sent anything to validate even though the letter clearly states they will obtain verification of the debt.
  7. Calls were made to both my cell phone and my land line. In all cases except for my employer there were no messages left. I have records of the call logs and took photos of my caller ID. Correct me if I am wrong but I thought if I requested that no contact be made over the phone that means no phone calls whatsoever. I requested everything be done in writing through the mail.
  8. 1. Yes, the above occured after the letter was received. The only strange thing is I don't believe I ever got the green card back. However, I have the original USPS receipt showing where it was mailed and the USPS website shows it as delivered and accepted. 2. When I don't pick up a message at work the message is forwarded by email to me and shows all the details of the call including the time,date and the calling party plus the voicemail. I have all the messages saved to my email.
  9. At the bottom of the letter in bold letters it states that this is an attempt to collect a debt. How can I tell if the attorney is acting as collector as well?
  10. I have been sued by a law firm collecting for Amex. I received their initial letter that mentioned the alleged debt and I responded within the 30 days asking for validation. I also elected in the letter to settle any disputes with JAMS. I asked that they only respond via US mail and that phone calls were inconvenient. They continued to call several times on my home and cell phone. They also left voicemails on my employer's phone mentioning that it was a call pertaining to a debt. There was never a written response to my letter. There was no validation sent. There was no acknowledgment of my election of JAMS. The only thing sent was a lawsuit. I know I have to respond to the complaint. I plan to file a Motion to Compel arbitration. Do I also have to answer all the points in the complaint as well as file the Motion? I am in New Jersey. I plan to handle this case on my own. However, would I be best to file a separate suit for the FDCPA violations in Federal Court using an attorney while handling the other case myself? I have mentioned JAMS to a couple attorneys and they were really clueless as to what JAMS is and totally turned off by any suggestion of private arbitration. Thanks for any input you have.
  11. Sorry but I failed to mention we have commenced arb with JAMS and the next step is discovery. Dates have been set for discovery and the hearing.
  12. I am in the midst of trying to settle before discovery. Would it be inappropriate to ask for a delay of discovery while we try to settle? It just appears it could move things along by avoiding the other side further cost.
  13. Well at this point with time limited I am going to send this via email to all parties and it will be in PDF as an attachment. I'm sure this will be sufficient to prove that I'm trying like you've said. I'll try to keep things updated here as they transpire. Thanks for all your replies!
  14. I can actually hand deliver it as the office is within a couple of miles of my house. That's probably not done too much I would imagine.
  15. Thank you for your response. Should this be done by email? Time is obviously of the essence and theres just no enough time for snail mail.