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Everything posted by tykra

  1. tykra

    JAMS Respondents

    I sent notice to the law firm.... Are you saying I also have to notice each and every lawyer of that law firm too?
  2. I seen the above in the The strategy and steps of arbitration thread ... I now am a bit confused and worried that I may have filled out the form incorrectly and nor not sent service correctly... I listed the OC the big D as the primary respondent and inputted the law firm representing them in that field under the OC. Do I add all the law firm / attorney(s) info in the one space [Representative/Attorney (if known):] OR do I need to add each lawyer of that law firm as a separate respondents and service them all individually?
  3. So I filed my JAMS demand it was signed for / received by the JAMS office about 3 weeks ago.... curious how long before I hear from them on this and/or what the next steps will be...
  4. Had hearing. I argued that the contract provided for arbitration, I elected that arbitration and they subsequently ignored my election taking a tortious act by filing a complaint after the election. They objected to my MTC A stating that I was looking for a payment agreement based on the discussion of a settlement offer they made that I refused. They further argued that I my answer did not include any dispute of the debt - I countered that my answer was entirely based on the improper venue based on the prior election and that while I had disputes I would not entertain them in litigation as its not the appropriate venue ... Judge said an order would be forthcoming. I reckon, or should I say I hope that I have AT&T v. Concepcion on my side and that my election of arbitration means that the process must be enforced regardless of any precursor settlement discussions.
  5. Called to inquire about their possible settlement letter .... They offered 50% and an agreed judgement - I told them I would not agree to any judgement and the guy got all snooty. I told him I already had them on an FDCPA violation for filing suit after I elected arbitration and he played dumb as to how that could have happened. GRRRRRR Debt Collectors .... I imagine they will now argue that I did not make an effort to settle now. I think I should file a counterclaim for them not following the contract - what do you think?
  6. Today I got a letter to contact them to discuss a settlement ... IMO if they wanted to or want to discuss such a thing they should have done that prior to file a suit! They are in violation several times already - I think I will get my counterclaim filed this week!
  7. I just received a motion from the plaintiff today ... they have motioned to appear on the MTC date via phone ... IMO thats BS - I have to be there they should have to be there too! Is it normal / acceptable for them to do so or should I file a dispute of some sort?
  8. No I have not received any response in the mail to the motion yet and the court records website shows no recent updates to the case either. Hearing is set for the second week of July ... so I can expect them to file a response to the motion? Ahhhh ok thanks!!
  9. MTC arbitration hearing date has been set by the court, I am curious what can I expect the day in court to be like?
  10. Based on that it would seem that if the defendant demanded to see a ledger from zero to current to prove debt they would not be required to provide such evidence - that hearsay would simply be considered. From your posting one might surmise that arbitration is a farce ... surely that can't be true.
  11. Let me clarify what you are saying - So if a case went to arbitration then the arbitrator should follow the contract and not state laws? I reckon that would be a darned good reason for the plaintiff to fight the MTC A. hmmmm Does JAMS maintain rulings and procedures that can be used similar to what case law in courts can or is it always case by case judgement calls?
  12. Wondering what to expect when filing a MTC Arbitration ... Is this simply something that is simply filed with the court clerk OR is this something that has to be done in the court during a motion hour OR is it filed with the clerk and then you wait to go before judge on the same day OR Something else? What about all my other papers? Appearance, Answer, Exhibits, Affidavit etc?
  13. WOW, so the agreement that was agreed upon is not valid because we say so.... nice.
  14. D agreement states "Governing Law. This Agreement and any claim or dispute arising out of this Agreement will be governed by applicable federal law and, to the extent state law applies, Delaware law." My state has a 6yr SOL - Delaware has a 3yr SOL ... the agreement clearly states that it uses Delaware law ... am I wrong in thinking that if I haven't used that card in 3 years that they should not be able to collect? OR is there a federal statute of some sorts that says debtors state prevails?
  15. I read yesterday that states with borrowing statues will let you use the shorter SOL of another state. How does this apply in a Discover case? I read D was in a state where the SOL is 3 years... if all the above is accurate then could I claim my SOL via borrowing statute is also 3 years?
  16. What state are you in? What law firm is representing them? Curious - about to file MTC against D for around a grand more than you. I had heard they will fight to the bitter end with no regards to how much they are actually losing. All the judgements the get must give them plenty to play with. Good luck!
  17. I understand your point(s) ... a win isn't always a win and one mans win is anothers loss ... Personally, a win for me would be to get my suit dismissed and get out of court, and have arb agree to accept payments I can afford. Icing on the cake would be the big D decides to walk away - Im around $4500 - I imagine it will cost them a whole lot more than that to get the minimal payments I can afford.
  18. Ouch that is not very encouraging ... seems the push on most credit sites is to MTC A with issues like this. hmmmm
  19. Love to hear more details about your arb experience ... sure the info would provide valuable for others including myself who is about to take on that mighty D.
  20. I have been reading this thread the last several days as I have found myself in a situation where the info is needed. I created an account just so I could say thank you to Linda for sharing all of this information! I believe I am ready to fight this fight now thanks to you! Thanks!