StrugglingConsumer

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About StrugglingConsumer

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  1. I wanted to update everyone and thank everyone for their help . I received notice today that the JDB has had the case dismissed WITH prejudice. While it took forever and had me totally stressed, you guys were right, the JDB decided their best option was to walk away the safest way they could and that was an awesome result for me. THANK YOU ALL again and again!!!
  2. Thanks for recognizing the struggle. Fortunately, the Thanksgiving holiday gave me a much needed respite. I guess it's time for another update and a question. JAMS notifies both myself and the JDB Attorney that they were going to close the case if they didn't receive payment from the JDB Attorney by a certain date. That date is just around the corner now and the JDB Attorney has neither paid them nor responded to my request for a settlement offer. The Court case was stayed when the Judge granted my motion to compel arbitration. (The JDB is under court order to arbitrate) My fear is that if i don't do something soon, the JDB Attorney will just go back to the court and request that the trial go forth because arbitration was never commenced or was unsuccessful. I know the JDB is in the wrong, but it looks to me like they are trying to weasel their way into getting the case back in court. Should I contact the lawyer and ask for a settlement offer by a certain date or threaten to seek sanctions in Court against the Attorney for ignoring a Court order? Incidentally, the Attorney never filed to dismiss the case despite telling me and JAMS on multiple occasions that he had done so, I just can't afford to be caught blindsided here.
  3. Certainly dismissal is the goal, but so far they have only offered a dismissal without prejudice. There would be nothing preventing them from immediately seeking their own arbitration in a more friendly venue or selling the account or even filing another lawsuit AND simultaneously filing for arbitration. I really want a dismissal WITH prejudice so this doesn't come back again as another suit. If they weasel out of this unscathed, they'll have too many options to come back and try again. Frankly my health couldn't take it.
  4. UPDATE To date, the Attorney for plaintiff has not responded to my offer to settle. They have not contacted me at all. Today we (plaintiffs Attorney and I) received yet another email from JAMS stating; Dear Parties, Please confirm whether the case has now been dismissed. I replied ALL; Dear XXXXXXXX As the party who elected arbitration, I have not and do not agree to dismiss the case at this time. The Attorney for the plaintiff replied ALL; Yes. Our office has sent request to dismissal with the court. As of noon today nothing has been filed with the court in terms of a dismissal request. I'm feeling like I should go ahead and file my own request for dismissal WITH prejudice. Am I wrong?
  5. Wow, that's a lot to digest... I think my best move now is to just wait for the JDB or JAMS to make the next move. I have already let the JDB know that i will object to a dismissal without prejudice, but am willing to accept a dismissal with prejudice, tradeline deletion etc... If JAMS cancels because of JDB then I'll go to Court to ask for a dismissal with Prejudice. If the JDB files for dismissal I'll object based on the fact that a stay already exists and JDB is under Court order to arbitrate. If neither JAMS or the JDB do anything after 30 days then I'll probably have to file something.
  6. Do you know if this was done in a settlement or did she have to go to the Court and file a demand? If it was through the Court, what is the procedure?
  7. UPDATE Here's the latest. I have not heard back from the Plaintiff's Attorney after my email telling him that I would object to a request for dismissal without prejudice. I did however receive two other emails today. the first was from JAMS and I was the cc; to the email which was addressed to the Plaintiff's Attorney. The email reminded the Attorney that JAMS had not yet received payment for the arbitration case. The second email which I was also the cc: party, followed shortly after the first and was from the Plaintiff's Attorney and was addressed to JAMS. It stated: "We have decided to dismiss the case and will not be needing the services of JAMS arbitration." As of 9pm tonight nothing (request for dismissal) has been filed at the Court. I will keep everyone informed as thing progress and as always, seek out your generous advice and suggestions.
  8. Thanmk you all. I reponded to the Plaintiffs Attorney letting them know I would object to a request to dismiss without prejudice. I offered in the alternative a mutual settlement that include dismisal with prejudice, trade line deletion, cost, nondisclosure and no reselling of debt. I await the Attorneys response. I'm also checking the filings everyday to see if they file the request for dismisal without prejudice. I will post updates here as they occur. If anyone knows the California statue giving me the right to obtain a dismissal with prejudice, which I should cite in my response in case they file their request. I'd appreciate that. Thanks again to all, you guys are the BEST!
  9. UPDATE Today I received the following email from the Attorney who filed the lawsuit against me. We have decided to stop proceedings and dismiss the case. Please find attached a copy of the request for dismissal my office will be filing with the court. Attached to the email was a .pdf copy of a for he intends to file with the Court today. It's very basic and asks for a dismissal without prejudice. Should I be demanding a dismissal WITH prejudice?. I was thinking about responding with an email something like this: Dear Sir, I currently have an open arbitration demand with JAMS against you and your client. My intent is to pursue my claim to the fullest. You are under a Court order. If your desire is to end this case once and for all, I will accept nothing less than a dismissal with prejudice and a $1000 payment to me to relinquish all my claims against you and your client. Sincerely, XXXXXXXD
  10. Thanks, That is very reassuring to hear even if the thought of waiting around makes me feel like the proverbial other shoe is about to drop. I'll keep everyone updated.
  11. I'm wondering now, just how long I should wait for the Atty to come back with an offer or even an acknowledgement of my email? I'm afraid if I wait too long the Atty might ask the court to sanction me for not agreeing to their wanting another arbitration service or something worse, like resuming the lawsuit claiming I refused to arbitrate.. I know things take time and Attys are notoriously slow I just don't want to get caught unprepared. I actually think I should have a "MOTION TO DISMISS WITH PREDJUDICE" already prepared and ready to file in a moments notice, especially since JAMS will close the case if they don't receive their fees and to this date, they haven't received any. Any good suggestions on what a motion to dismiss should look like?
  12. Does anyone know the telephone number that would show up in my phone from Phillips & Cohen Assoc.? I'm not looking for a number to contact them, but rather the number I'd see if t hey were calling me. I've blocked so many CA that I now don't know whose who and i really need to find Phillips Cohen so I can ding them on a FDCA claim.
  13. Following the help i received here. I quickly emailed the Atty. and told them that I elected arbitration, that I selected JAMS and that I initiated the demand with JAMS as is my absolute right under the terms of the CC agreement. I told them I would not accept any arbitration service other than JAMS and that as far as I could tell there are only three options going forward. 1. Proceed with the JAMS arbitration as they are contractually bound and ordered by the Court. 2. Offer me a settlement to consider. 3. force me to motion the Court for sanctions. I offered the settlement option to gauge where they are at. I'm certain that they will offer something totally unreasonable, but I'd like to know anyway. Regardless of the offer, I'll let them know I was not looking for a reduced payment to the JDB, but rather what they will pay me to drop my "very good" FDCA claim against them. That might give them pause. I'll update again as soon as something transpires. Thanks again to all, for your great advice and help.
  14. WOW!!! Stunning development. Tonight I received an email from the Plaintiffs Attorney stating... "This email is not an attempt to collect a debt. The purpose of this email is to notify you that we will be opting not to use JAMS for arbitration proceeding. We are in the process of choosing another arbitration company. The reason for this decision is based on their fee policy. I will be sure to keep you updated on the agency we select." Sincerely. XXXXX XXXXXXXXX I Do not see any provision in the GE Contract (posted below) that allows for them to opt out of my choice of JAMS after the fact. Am I wrong? Also in filing the MTC I stated that i had elected JAMS. This was also repeated in my initial answer to the lawsuit. The order granting the MTC simply reads "Motion is hereby ordered GRANTED. (with no mention of JAMS) I'm thinking I need to do something quickly to stop this Atty, from opening with AAA or other and then taking it back to the court to compel me... HELP!!!!! GE CARDHOLDER AGREEMENT 2010 22. COLLECTION COSTS. If we ask an attorney to collect your account, we may charge you our collection costs. Collection costs may include court costsand reasonable attorneys’ fees. We will charge these costs only if the attorney we ask to collect is not our salaried employee and the law allows us to do so. 23. DISPUTE AND CLAIM RESOLUTION (INCLUDING ARBITRATION) PROVISION.General/Requirement to Arbitrate. PLEASE READ THIS PROVISION CAREFULLY. UNLESS YOU SEND US THE REJECTION NOTICE DESCRIBEDBELOW, THIS PROVISION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUALARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TOPARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BELIMITED. This Provision replaces any existing arbitration provision with us and will stay in force no matter what happens to your Account, including termination.Upon demand, and except as otherwise provided below, you and we must arbitrate individually any dispute or claim between you, any joint cardholder and/orany additional cardholder, on the one hand; and us, our affiliates, agents and/or JCPenney, on the other hand, if the dispute or claim arises from or relates toyour Account. However, we will not require you to arbitrate: (1) any individual case in small claims court or your state’s equivalent court, so long as it remains anindividual case in that court; or (2) any claim by us that only involves our effort to collect money you owe us. However, if you respond to a collection lawsuit byclaiming that we engaged in any wrongdoing, we may require you to arbitrate. YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT ORARBITRATION. ALSO, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY CARDHOLDER WHO IS NOT A JOINT OR ADDITIONALCARDHOLDER WITH YOU ON YOUR ACCOUNT (AN “UNRELATED CARDHOLDER”), AND YOU AGREE THAT NO UNRELATED CARDHOLDERMAY BRING ANY CLAIMS AGAINST US ON YOUR BEHALF. CLAIMS BY YOU AND BY AN UNRELATED CARDHOLDER MAY NOT BE JOINEDIN A SINGLE ARBITRATION. Only a court may decide whether any part of this paragraph is enforceable. If it is finally determined that this paragraph isnot fully enforceable, only this sentence of the Provision will remain in force and the remainder of the Provision will be null and void, provided that the court’sdetermination concerning the enforceability of this paragraph shall be subject to appeal. Starting an Arbitration. If you or we elect to arbitrate a claim, the electing party must notify the other party in writing. This notice can be given after thebeginning of a lawsuit and can be given in papers filed in the lawsuit. Otherwise, your notice must be sent to GE Money Bank, Legal Operation, P.O. Box 29110,Shawnee Mission, KS 66201, ATTN: ARBITRATION DEMAND, and our notice must be sent to the most recent address for you in our files. The party seekingarbitration must select as the arbitration administrator either the American Arbitration Association (“AAA”), 1633 Broadway, 10th Floor, New York, NY 10019,www.adr.org, (800) 778-7879, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, (800) 352-5267. If neither the AAA nor JAMSis able or willing to handle the dispute, then the parties will resolve their dispute in court. The arbitration administrator will appoint the arbitrator and tell theparties what to do next. The arbitrator must be a lawyer with at least ten years legal experience. In making decisions or awarding remedies, the arbitrator mustapply the same law and legal principles that would apply in court, but may use different procedural rules. If the administrator’s rules conflict with this Provision,this Provision will control. Arbitration Location and Fees. The arbitration will take place by phone or at a location reasonably convenient to you. Upon your request, we will normallypay all the fees the administrator or arbitrator charges, if we believe you are acting in good faith. We will always pay these arbitration costs, as well as your legalfees and costs, to the extent required under applicable law or in order for this Provision to be enforced. Governing Law. This Provision is governed by the Federal Arbitration Act (the “FAA”). Utah law shall apply to the extent state law is relevant under Section 2of the FAA in determining the validity of this Provision. The arbitrator must follow: (1) the substantive law, consistent with the FAA, that would apply if the matterhad been brought in court, (2) this Provision, and (3) the administrator’s rules. The arbitrator’s decision will be final and binding, except for any appeal right underthe FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award. Rejecting this Provision. You may reject this Provision, in which case only a court may be used to resolve any dispute or claim. Rejection will notaffect any other aspect of the cardholder agreement. To reject, you must send us a notice within 60 days after you open your account or we first provide youwith a right to reject this Provision. The notice must include your name, address, and account number and be mailed to GE Money Bank, P.O. Box 981429,El Paso, TX 79998-1429. This is the only way you can reject this Provision. 24. WAIVER. We may decide to give up any of our rights under this Agreement. This includes our right to impose the full amount of any charge. If we do, we donot give up any of our other rights under this Agreement. If we give up any of our rights in one situation, we do not give up the same right in another situation.Except as we may agree in a signed writing, we do not give up any rights if we (a) accept a late or partial payment, ( accept a check or other payment marked“payment in full” or tendered with other conditions or limitations, © extend the due date of any payment due under this Agreement, and/or (d) release anycollateral or person responsible for your obligations under this Agreement.