theuniverse

I made sure Discover's lawyers included "no 1099C will be issued" in Settlement agreement just in case eventhough by law they are supposed to report it depending if it's whether "written off" or forgiven" not very sure about that . I never received no 1099C by the way, maybe because Discover never proved I owed it. Even if I would have received 1099C, the IRS won't tax you on it as long as you can prove you were insolvent at the time when the debt was forgiven which I was.

Yep, the attorneys from Discover offered me a mutual dismissal during the Teleconference call, I guess they realized I wasn't worth pursuing. Their claim was for $3800 against me. So, Arbitration does work!!

Hey man, thanks for taking the time to reply. As of right now a teleconference has been scheduled for next week, and I would like to know if there's any tips that you can provide me as to how to handle that conference call? Also, how should I base my argument objecting the other party making me responsible for attorney's and arbitration fees?

My case is still up in the air, last thing I received was a packet from JAMS telling me that an arbitrator has been appointed and that was about a month ago. I think the next thing would be JAMS billing the other party the retainer fees so that a Tele conference can be scheduled.

Hey guys I need some help, hopefully someone will enlighten me. A few days after I filed my complaint with JAMS I just got a letter from a new lawfirm saying they represent the other lawfirm that originally represents Discover in court, they claim that the lawfirm that represents Discover is not a party in the case, I'm going to oppose that. Now what I need to know is, I'm going to object so do I need to add this new lawfirm as a Respondent and serve the objection to the new lawfirm that sent me the letter? or Do I just Serve the objection to the original lawfirm that represents Discover? I originally filed the Arbitration just for Discover and the original lawfirm that represents Discover. But now I got this letter from a new lawfirm saying they represent the lawfirm that represents Discover. So who should I deal with?

What if they realize the debtor is insolvent and with a chance of filing for chapter 7 Bankruptcy? and eventhough they might get rewarded for all costs and fees they would probably never get that money from debtor. Discover is playing that game with me. the amount in dispute for my case is like $3100. I'm gonna make sure it costs them dearly to pursue me even if they get rewarded at the end, they'll never see a penny back of what they paid.

@Wins the Battle Also can you please tell me where do I find the rule you mention about not making losing party pay for fees? http://www.jamsadr.com/rules-streamlined-arbitration/#Rule26 Because I found something that says the opposite: "( c ) The Parties are jointly and severally liable for the payment of JAMS Arbitration fees and Arbitrator compensation and expenses. In the event that one Party has paid more than its share of such fees, compensation and expenses, the Arbitrator may Award against any Party any such fees, compensation and expenses that such Party owes with respect to the Arbitration."

@Wins the Battle thank you so much, just one last thing it's very simple, can you please tell me where should I include the Consumer rules adherence stipulation? Should I include that as one of my allegations? should I include that at the "Prayer for relief" part? or it doesn't really matter?

Thanks for your replies guys I'm in New York. @Wins the Battle Can you tell me how do I make sure I don't give them the right to make me pay for the arbitration causes? should I include that in the Formal Complaint? can you please tell me how I could redact it? Thanks

Hi, I just received the commencement packet from JAMS I'm going for Arbitration with Discover Bank for a disputed amount of $3500, can somebody suggest what steps do I need to take now? can someone please tell me what should I include in my formal complaint? please be as detailed as possible. Any help would be greatly appreciated.

It isn't really necessary, but It doesn't hurt to call the court and make sure though, for me I got to pick the date and I like it better when it's on a day that I pick, the court clerk told me it has to be a day when there aren't 8 motions scheduled for that day because 8 is the maximum they would take on a day. Another thing is that you have to put the date on the Notice of Motion so you need to have it before you serve it obviously.

Thanks Linda, I followed all the steps you mentioned on your first posts. I kinda had a little trouble at the beggining because I didn't know the Motion requires a "Notice of Motion" as a front page with the date the Motion will be heard and the address of the court, if someone from New York reads this should know that. It's a good idea to do a google search on "Notice of Motion". I had to call the court and ask them what dates they had available first. Also the second part should be titled "Affidavit in support of Motion" Here's a lot of info on how to correctly file a Motion to Compel in New York: https://www.nycourts.gov/courts/nyc/civil/motions.shtml

yep, hope somebody shows up by then.