HeatherW

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About HeatherW

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  1. Thanks nobk4me, for providing some clarification and a glimmer of hope! I called the court clerk and was granted a one-week extension to delay the start of the court-mandated arbitration, to give me time to try to get into private arbitration with JAMS. Yesterday I served the election for JAMS on the opposing party, and sent in my forms to JAMS. I doubt that opposing party will respond in a timely manner, so when May 8 (my one-week deadline) rolls around, I don't know what I'm going to tell the court clerk. Any ideas?
  2. The JDB also included "account stated" as one of their causes of action in their complaint. I understand from reading this board that it makes a much more difficult issue to argue against than just merely the SOL. So now I am unsure if I should proceed with the MSJ. Nobody on my other post topic has answered my questions about that. After looking at the process to get going with JAMS, I don't see how I can file an affidavit from JAMS with my stipulation to choose private arbitration with the court. There is no provision in the NV Arb Rules for extensions. I think I'm out of time to stipulate for private arbitration. I saw from looking at the JAMS election materials that it now costs $400, not $250 to initiate with JAMS? Is this correct?
  3. Also, isn't there a bigger issue than just the SOL, since they used "Account Stated" as one of their claims?
  4. -DLDS- thanks for your responses. I also saw the survivability clause in the 2005 Chase Agreement, so that looks good. My original thread about this lawsuit is here: http://www.creditinfocenter.com/community/topic/319819-being-sued-by-jdb-in-nevada/ There are posts there about the SOL issue. The last activity on the account was July 2007. I just posted there that I think I do want to file a Motion for Judgment on the Pleadings, and use the SOL argument. If you have any advice or specifics on how to do this I'm all ears.
  5. Account was opened in 2005, closed in 2007. Debt is approx. $17,000. I've been reading through the Strategy and Steps of Arbitration post, but still have more reading to get through. I'm finding it very helpful. I was quoting from the NAR Rule 5 in my previous post above, but Rule 6 A, states either party can stipulate for private arbitration: How do I obtain this affidavit from the arbitrator?I have until Wednesday, May 1 to get this filed. I am also looking at that link to the Chase credit card agreements. What if I can't find a survivability clause, which would allow me to choose JAMS?
  6. So regardless of the two arbitrator option given in the Chase agreement that I have (AAA or NAF), if I can find another Chase agreement that allows the option of choosing JAMS, I can use that? How does that work?
  7. Can I file a motion to compel arbitration (per my credit card arbitration clause) anyway, even though it's this late in the game? How relevant are the NV Arbitration Rules in this case, or does my credit card agreement supercede the NV Rules? OR does the above-mentioned Rule 5 - Exemptions from Arbitration and its time limit of requesting exemption within 20 days of filing my answer completely end all my options?
  8. I found the agreement and the arbitration clause. It states in relevant part "The party filing a Claim in arbitration must choose one of the following two arbitration administrators: American Arbitration Association or National Arbitration Forum." I understand from reading this forum that AAA is not the way to go, but I don't recall mention of NAF. I will look through this forum and see what I can find on NAF. From reading the Nevada Arbitration Rules, it look like the program is mandatory for all cases with few exceptions: As stated here, it looks like the time has expired for me to be able to file for an exemption from the program, since I needed to file my request within 20 days of submitting my Answer to the Complaint. I don't know anything, but it looks like I don't have grounds for my case to be exempt. So, am I screwed? Do I still have options? Thanks again.
  9. OC is Chase. I don't have the credit card agreement. Is there a way that I can get it?
  10. I was served a Summons and Complaint in February, which I Answered on March 17. I am being sued by a JDB on a credit card debt. I just received a notice from the court (2nd Judicial District Court, Washoe County, NV) dated April 17 which is an "Assignment to Arbitration". It goes on to say, The Nevada Arbitration Rules are here: http://www.washoecourts.com/ARBITRATION/PDF/NAR.PDF I have 10 days to choose two arbitrators from the list provided. Anyone have any experience with this scenario that can offer some guidance? Thank you!
  11. UPDATE-APRIL 27, 2013 I received from the court a notice of "Assignment to Arbitration." I have until Wednesday, May 1 to reply with my choice of two arbitrators from the list of five. I can also stipulate that I choose private arbitration, and have a thread about all that here: http://www.creditinfocenter.com/community/topic/320040-assignment-to-arbitration-in-nv/. However, after re-reading all the posts here in this thread, and being in a little clearer state of mind, I do think I want to file a Motion for Judgment on the Pleadings. I need a little direction on what I need to put to put in this motion. Is this where I argue the SOL issue? Also, to cover my bases with the pending arbitration, should I concurrently file my stipulation for private arbitration in case my Motion for Judgment is denied?
  12. Thank you, Bruno! The JDB is Easy Loans Corp.
  13. Another question regarding TomnTex's post: I don't understand how to go about selecting a particular state's SOL, or how the Plaintiff could use a different state's SOL. Also, isn't there wording in my original credit card agreement pertaining to which state's laws can be used, and also any wording regarding arbitration? How do I find this if I don't have the credit card agreement?
  14. Thanks for the input so far! I have lots of questions and there are things that I don't fully understand, so most of my questions are going to seem pretty dumb. I have been reading and re-reading a lot of the content in this forum. I've also read my local court rules. I am going to have to re-read the court rules because I don't have a good grasp at all. I really need to talk to someone who can explain them in plain english. As many others in my situation have said, I'm really in over my head and feeling overwhelmed! Thanks for your patience! Why do I need to do this, since I am dealing with a JDB? Are you referring to all JDBs or just the one that is sueing me? And where/how do I find info on these lawsuits? I'm open to doing this, but I think it's well above my abilities unless I get a lot of help with it. I feel overwhelmed as it is just dealing with answering the complaint and now trying to figure out what to do next. BV80 - I've been reading and reading about the SOL and your post is helpful, but forgive me, I'm not completely clear on what exactly you're trying to point out. I can see that you've italicized 1b. and 2b and circled 2c. If the JDB cannot produce a written, signed contract, then the four-year SOL applies? Is that at least partially correct?