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Colonialman

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  1. Hwarriors, At the top toolbar is a button that states submit a case. Do look at it as it is not for online filing. You must call the location JAMS you are at and get an admin email Download their JAMS filing pdf, i asked for Comprehensive JAMS not streamlined, and email them 2 copies of any court order if you have one that orders arb, 2 copies of CC agreement, pics of certified/sig reqd mailing to JDB/attorney along with Money order i sent $50 and asked AA to pay remaining $200. Read the JAMS form carefully and include disputes/claims on attached papers with case number if you have one. Hope that helps.
  2. Good evening, Linda7 has been offline for awhile so I am seeking comments. I filed a MTC JAMS May 2 per the alleged OC agreement dated 2008, The County Court judge could not make a decision based on the Card Policy and my demand for JAMS and gave the Plaintiff (Asset) JDB and their attorney M&J in the big D another 7 days from May 8 to reply (By May 15) or my order for JAMS is "so ordered." Today County Ct Judge accepted the Plaintiff Motion for Extension (Electronically filed through County Court system a benefit I do not have) of time to respond another 14 days. This is so they can prepare a defense to my JAMS Demand. Order re Plaintiff's Motion for Extension of Time to Respond The motion/proposed order attached hereto: GRANTED. ORDER FOR EXTENSION OF TIME TO RESPOND TO DEFENDANT’S MOTION THIS MATTER having come before the Court, and the Court having reviewed MOTION FOR EXTENSION OF TIME TO RESPOND and being further advised in the premises, HEREBY ORDERS that the Plaintiff’s MOTION FOR EXTENSION OF TIME TO RESPOND is hereby granted. Plaintiff will be allowed an additional fourteen (14) days to investigate Defendant’s claims and to respond to Defendant’s Motion to Stay Litigation and Proceed to JAMS. The judge has showed me he is Creditor friendly. According to the OC ARB POLICY the judge has no jurisdiction now that a DEMAND for JAMS is filed and fee paid. Question: Should I object and on what grounds? Should I wait and see what happens? Has anyone else had this happen and what was outcome? Thank you
  3. Sillymonkey, Did you move and what was the outcome please. I too want to move from CO for a job in another state and need to know if I can. Thank you
  4. Hi Paula, I would like to know your status if possible. I am starting my glideslope to JAMS. Thank you
  5. Good afternoon CountryLady, Asset Acceptance also filed on me in Colorado debt also was time barred made no difference so in my initial answer I asked for a $1000 fine according to the Federal Act (state the citation of act) for suing before notification of debt. . Email me privately if you desire. They do not give up quickly as each motion I file they usually counter. Read your original credit card statement and application. It should state YOU have the right to some kind of Arbitration in JAMS. That will cost them. I have a motion for stay of litigation and to proceed to JAMS. I am waiting to hear. Meanwhile I posted most of my Motions so you and others can learn. http://www.creditinfocenter.com/community/topic/323542-asset-acceptance-sues-in-colorado-now-mediation-ordered/page-2#entry1294465 Thanks
  6. Thank you, I will keep everyone posted as to my progress. Have a great weekend.
  7. Good evening, Found out today that the judge is reviewing my Motion to Stay and to Proceed to JAMS. I also filed a Motion for clarification attached to make sure I have a record of who is doing what and to reinforce the Original Credit Card Arbitration Policy regarding jurisdiction of Arbitration. The policy states that Arbitration removes right to a lawsuit. If I had but known this from day 1 at complaint. In Colorado, the Plaintiff has 21 days to respond to a motion and then 5 days for Defendant to answer it. If I had known all of this I could have saved weeks of waiting and filings. That others may learn from experience. Thank you
  8. Shellieh98 Asset (attorneys) filed a motion to proceed to Colorado's Office of Dispute Resolution on April 30 because they thought $400 too much to fight this using a private mediator and the judge signed their motion (they included a pre-filled out order for judge to sign and he signed it April 30. I just received Assets motion for proceeding to Colorado Office of Dispute Resolution by Mail on May 2 and filed a reply May 5th. The judge had not read my motion to Stay and proceed to JAMS.. Is the judge bound by the original Credit Card Arbitration Policy or will Asset because their attorney is an officer of the court just get away with not contacting me (they were ordered to facilitate) and get their way? They have the inside option of electronic filing whereas I do not. Thank you
  9. Good morning, I am in agreement and will go direct to JAMS after careful reflection. I will contact Linda7 when I get to the ADR stage. Thank you
  10. Good evening, Having researched the Arbitration Policy I have attached my response. Thank you JDF 81 ResponseMay52014MediationTOJAMSRemoved.pdf
  11. Hi Shellieh98, I found the original credit card agreement (thank you for the link): ARBITRATION PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES. Agreement to Arbitrate: Either you or we may, without the other’s consent, elect mandatory, binding arbitration for any claim, dispute, or controversy between you and us (called “Claims”). Claims Covered What Claims are subject to arbitration? All Claims relating to your account, a prior related account, or our relationship are subject to arbitration, including Claims regarding the application, enforceability, or interpretation of this Agreement and this arbitration provision. All Claims are subject to arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, thirdparty claims, interpleaders or otherwise; and Claims made independently or with other claims. A party who initiates a proceeding in court may elect arbitration with respect to any Claim advanced in that proceeding by any other party. Claims and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis, and the arbitrator may award relief only on an individual (non-class, non-representative) basis. Whose Claims are subject to arbitration? Not only ours and yours, but also Claims made by or against anyone connected with us or you or claiming through us or you, such as a co-applicant or authorized user of your account, an employee, agent, representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy. What time frame applies to Claims subject to arbitration? Claims arising in the past, present, or future, including Claims arising before the opening of your account, are subject to arbitration. Broadest interpretation. Any questions about whether Claims are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced. This arbitration provision is governed by the Federal Arbitration Act (the “FAA”). What about Claims filed in Small Claims Court? Claims filed in a small claims court are not subject to arbitration, so long as the matter remains in such court and advances only an individual (non-class, non-representative) Claim. What about debt collections? We and anyone to whom we assign your debt will not initiate an arbitration proceeding to collect a debt from you unless you assert a Claim against us or our assignee. We and any assignee may seek arbitration on an individual basis of any Claim asserted by you, whether in arbitration or any proceeding, including in a proceeding to collect a debt. You may seek arbitration on an individual basis of any Claim asserted against you, including in a proceeding to collect a debt. How Arbitration Works How does a party initiate arbitration? The party filing an arbitration must choose one of the following two arbitration firms and follow its rules and procedures for initiating and pursuing an arbitration: American Arbitration Association or JAMS. Any arbitration hearing that you attend will be held at a place chosen by the arbitration firm in the same city as the U.S. District Court closest to your then current billing address, or at some other place to which you and we agree in writing. You may obtain copies of the current rules of each of the arbitration firms and forms and instructions for initiating an arbitration by contacting them as follows: American Arbitration Association 800-778-7879 (toll-free) Website: www.adr.org JAMS 800-352-5267 (toll-free) Website: www.jamsadr.com At any time you or we may ask an appropriate court to compel arbitration of Claims, or to stay the litigation of Claims pending arbitration, even if such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Even if a party fails to exercise these rights at any particular time, or in connection with any particular Claims, that party can still require arbitration at a later time or in connection with any other Claims. What procedures and law are applicable in arbitration? A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten years experience or a retired or former judge, selected in accordance with the rules of the arbitration firm. The arbitration will follow procedures and rules of the arbitration firm in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Agreement, in which case this Agreement will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect customer account information and other confidential information if requested to do so by you or us. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, will honor claims of privilege recognized at law, and will have the power to award to a party any damages or other relief provided for under applicable law. You or we may choose to have a hearing and be represented by counsel. The arbitrator will make any award in writing and, if requested by you or us, will provide a brief statement of the reasons for the award. An award in arbitration shall determine the rights and obligations between the named parties only, and only in respect of the Claims in arbitration, and shall not have any bearing on the rights and obligations of any other person, or on the resolution of any other dispute. Who pays? Whoever files the arbitration pays the initial filing fee. If we file, we pay; if you file, you pay, unless you get a fee waiver under the applicable rules of the arbitration firm. If you have paid the initial filing fee and you prevail, we will reimburse you for that fee. If there is a hearing, we will pay any fees of the arbitrator and arbitration firm for the first day of that hearing. All other fees will be allocated as provided by the rules of the arbitration firm and applicable law. However, we will advance or reimburse your fees if the arbitration firm or arbitrator determines there is good reason for requiring us to do so, or if you ask us and we determine there is good reason for doing so. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
  12. Good morning, I am unfamiliar with JAMS and will search out the Citibank clause. I will have time this pm to read up on it and prepare a response to the court. I appreciate all of you. Thank you
  13. Good evening, Just received a letter from Asset attorneys May 3, 2014 using my earlier reply to the court ordered mediation. Asset's attorneys want to change the mediation judge to Colorado Office of Dispute Resolution. The original court order states "The mediation may be set up with...CODP or "In the alternative, (paraphrase) set up with a private mediator agreed to by both. So since the court order on April 11, 2014 Asset (attorneys) were ordered to facilitate and they did not call or send a letter until today. I contacted a mediation judge to get an idea of what I would be required to do. I did not set up any date just proposed one to Asset's attorneys. I would like your response Shellieh98 or anyone else to this change and challenge by Asset. Asset's attorneys even included a ready to sign order for the judge. I will respond Monday to this. See attached. Thank you
  14. Good afternoon Shellieh98, After scouring many old boxes I could not find anything with last payment date. I am assuming it was April, May or June 2008. Colorado is a 3 years SOL on contracts (breech of contract) and 6 years SOL on some other types of agreements. Have heard nothing from Asset as they are supposed to be facilitating according to Court Order. Attached below is CO for Mediation and Response to my Court response that also included my objection to an alleged affidavit regarding their employees knowledge. I understand the timeline for a Motion to strike my objection and that has gone by. The Court O Mediation stands. I will do my part and if Plaintiff fails then it will be their problem. To me this is not a game as I always play to win but I understand your context. Thank you
  15. Good evening, Nothing to report yet as the mediation judge states they (Plaintiff) also must agree to use him/her. Anyone dealt with any Plaintiff not agreeing to use a mediator in a court ordered situation? Additionally, Shellieh98 I read in Colorado Civil Procedure where if I as defendant object to a phone appearance and demand physical appearance (the court judge stated in his order that both sides must appear and I take that as physical) I could end up paying for their presence if I should ultimately lose. Planning a strategy at this point. Thank you
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