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Everything posted by miker735

  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.
  16. I need some help with this and haven't seen this mentioned on any posts I could find. I have a telephone conference scheduled for next week and the arbitrator is requesting that all parties try to work out our differences beforehand. She is asking us to submit a progress report no later than the day before the conference to detail what we have worked out. To this date I have heard nothing from the other side and I have not contacted them. Should I be contacting the opposing side to try to negotiate a settlement? This is Citi remember. The email states that prior to the conference all parties shall confer by phone in a good faith effort to reach agreement on as many items as possible. Pursuant to that happening we should email the arbitrator and case manager the agreements reached and respective positions on matters as to which we were unable to agree. This references a 10 point checklist which includes items such as the arbitrability of the claims, clarity of stated issues, where and when the hearing should be held , Rule 13 document exchanges, number of witnesses and any unknown matter. I'm just not sure what to expect at this conference and would appreciate any help. Thanks.
  17. I received a collection letter from Zwicker on an Amex account and sent a DV letter with election for arb within the 30 days. Zwicker sent a package of statements approximately 30 days after that. I haven't heard from them for a couple months. Today I received a settlement offer from Amex Global Collections offering a 40% reduction payable over 2 years on the reduced amount. If I received this new offer does it mean that Zwicker sent it back to Amex? There's no mention of Zwicker on the letter. The payout is manageable but I would still rather get the amount reduced due to the fact that I have others I need to settle with including another Amex account. Has anyone had better luck with Amex in obtaining a greater than 40% reduction?
  18. Yes, the attorney used the wording "Citi will allow you two weeks...or else may pursue legal action" in a letter shortly after I elected and initiated with JAMS by sending in the initial payment. The attorney in the letter said the firm checked with JAMS and was told I had not sent in the entire payment. I did use it as an FDCPA violation in my complaint. I sent in the formal complaint naming any of the attorneys in the firm who contacted me as respondents. I didn't list them on the initial demand since they weren't involved when I originally sent in the Demand paperwork. I did not file any amended paperwork because the CM told me I couldn't. I just listed them on the complaint and noted their involvement in the law firm which I feel makes them a party to the complaint since one of the original respondents was an attorney with the firm who I never heard from again after the initial contact. I'm not sure how JAMS will react to this but atleast I state my reason in the complaint for bringing in the other parties. At this point no arbitrator has been selected.
  19. The problem is I can't really discern the attorney's role. They do not list their attorney staff on their masthead. They appear to operate out of atleast two states. At the bottom of their letter it clearly states in boldface "This firm is a debt collector. We are attempting to collect a debt and any information will be used for that purpose." The attorney who mails letters from the New York office does not appear to be a member of the New York bar. They appear ambiguous to me. The FDCPA violations came about after I elected arbitration when they threatened me with legal action by stating that Citi would give me only two weeks to pay JAMS in full..or else. I am using the most recent agreement I could find with JAMS from last year.
  20. I guess the question now is if it's worth $350 to file plus other costs and the time and trouble. I'll just have to pare down the original complaint against Citi and see how it proceeds. I would imagine if nothing else it buys time.
  21. Can you hold a creditor responsible for their attorney's behavior if they are acting as a debt collector?
  22. I need some help here, please! This has become all rather frustrating. The complaint is due this week. The strike list is also due this week. I spoke with the case manager about adding the firm and the attorneys who contacted me as respondents. He said that can only be done by the arbitrator who of course has not been picked. The case manager said that the attorney who represents Citi is not a respondent and cannot be named a respondent without the arbitrator's permission. The problem is the bulk of the complaint focuses on the FDCPA violations committed by the attorney once he took over collection. When he did I immediately elected arbitration and sent the forms in while I disputed. If I remove both attorneys as respondents there is little left to the complaint. I was going to send them both a copy of the complaint naming them as respondents but it appears I can't. Anyone with ideas on best how to handle this? Can I just file what I already have naming all these parties and just wait for a response? Will they allow me to cure something that is incorrect? The case manager was really unable to help which I understand. I need some guidance on this. On the commencement form this attorney is named as a respondent which confuses me even more and I mentioned that to the case manager. He said my arbitration exists only with Citi and not the attorneys. At this point I have to get this complaint in and don't want to be tossed out. Any help is appreciated as I need this thing out the door ASAP!
  23. Thanks for your suggestion, Linda. I have tried a few times to get an account on Debtorboards and have registered but their validation emails are never sent. It's been frustrating trying to get an account on there. I've heard a couple others have the same problem ever since the board upgrade.
  24. The point is that in the letter the firm did not disagree with my choice or suggest another forum as long as I paid. I would have to assume, however, that if I did not cave in to their demand they might have filed suit. They might have assumed that I was going to disregard them.
  25. Linda, thanks so much for your response. You're amazing! I've been reading here for a short while and gained a multitude of info from everyone's posts I sent in the JAMS paperwork at the same time I sent the paperwork to the attorney and Citi and I did receive all the green cards back within a few days. I did not ask Citi for any waiver or upfront fees. That is not in their contract so I knew it had to be paid by myself. When I did send JAMS the $100 check I enclosed it with my Demand and any other docs required. From reading on here I gathered that I'd just be billed for the balance. The question that remains for me is...would you send them the Demand paperwork they are requesting? I'm of the mind to respond to them letting them know that their request lacks justification since I have proof I sent them the Demand.