fisthardcheese

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fisthardcheese last won the day on April 18

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About fisthardcheese

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  1. No, not sinister. By "sly" I just meant that they glanced at AAA info (likely from a cut and paste brief as you pointed out) and think they know how arbitration goes now. Just as we are seeing in other cases, these attorneys really get tripped up on how arbitration actually does work, so I am only strongly suggesting using JAMS, not only because this attorney may believe they know how AAA works from glancing at a previous brief, but also because JAMS is much more comprehensive and includes things like discovery without having to beg for it like in AAA.
  2. Your problem is that I highly doubt another bill is coming. This is why everything will probably hinge on throwing everything and the kitchen sink at them after you see what is in their Reply Brief. Including objections to counter claims, objections to costs citing the AAA rules plus the contract language stating that Unifund has no option to collect fees on arbitration cases, and also probably even pointing out that we are in a private arbitration case with AAA and not Court.
  3. I understand what you mean, but my point is that as long as OP is able to get the improper counter claims from this case tossed, then I think that is the point that everything might start to click in with this attorney. There is no requirement per-se, but the better you can make your case the easier it is for a settlement or an award in your favor. I always make my pleadings as close to what one would present in federal court as I possibly can, time permitting of course.
  4. It is not necessary at this point to file anything with the court. Just deal with sending copies to Midland only and retain proof that you did so.
  5. Oh, really? That's interesting. Did you send your dispute letter certified, and do you have the green card proving they got it?
  6. Things I would ABSOLTELY include with my reply: 1. I would state that I DO NOT object to a 60 day stay. 2. I do not object to filling the Demand for arbitration, and in fact, already have the paperwork ready to file immediately upon granting of Defendan't Motion to Compel. I would state that I am only waiting for the MTC to be granted, as it would be improper and against common sense to file an action in arbitration when the same is part of an active case before This Court. 3. I would submit a copy of a JAMS demand. --- JAMS --- since they are so sly as to mention all of the AAA rules in their response (I am assuming some attorney breifly skimmed the AAA rules only at some point to come up with their silly response). I would make my JAMS demand an exhibit in support of point number 2 above. 4. I would get as much case law as I could on MTCs granted after the start of a lawsuit to show that it is, in fact, commonplace to file MTC when a lawsuit is filed which contains an underlying arbitration clause. And also that there is NO case law stating that arbitration must be filed first. 5. USE JAMS. USE JAMS. USE JAMS.
  7. This is pointless garbage. Op has plenty of evidence to assert an alleged violation. She doesn't have to avoid making claims without every single piece of evidence known to man and it is well more than just a "shot in the dark". Not to mention, this is arbitration and OP doesn't necessarily need to prevail on all of these claims as the goal is still just a mutual walkaway. Yes. Stop. It should be brought up IF and AFTER the attorney asserts it once more in their reply brief. Once anything is brought up about the $22k debt in the response, as I have stated, my opinion would be to grind the whole thing to a halt. Filed objections, ask for a discovery hearing, ask all of their mention of the $22k to be stricken, and ask the arbitrator for a phone hearing to sort out the entire mess before proceeding further. It can be stricken, but not due to irrelevancy, necessarily, but due essentially to res judica (or something similar?) - because this account is part of a pending court ordered AAA case under a separate case number. I feel like a broken record at this point. OP needs to file their brief and a motion to amend their demand to add additional claims prior to the deadline. Everyone can speculate until we are blue in the face, but until we see what the Unifund reply brief looks like, there is no point in rehashing all of the what-ifs.
  8. Submit the proof you have and stop worrying about it. YOU NEED TO SUBMIT THIS ON TIME AND SEE WHAT THE OTHER SIDE REPLIES WITH BEFORE YOU KNOW ANYTHING ELSE. When consumers show up to court very unaware of procedures and laws, do these attorneys cut them any slack and do judges allow that to be a defense? Seems like the same situation to me.
  9. No, they are yanking your chain. Tell them you do not agree. Tell them you will stipulate to a dismissal with prejudice otherwise you will be filing the arbitration demand by the end of this week.
  10. Oh, I see it now, thanks. Been one of those days. I would answer within your 20 days denying all of their allegations and listing the affirmative defense of Lack of Subject Matter Jurisdiction due to a private arbitration clause that you are evoking. I would follow this up, as soon as you can, by filing a Motion to Compel Arbitration. Using JAMS arbitration should make this thing go away for $0.
  11. This^ If you want discovery, then you are using the court system to proceed with this case. If you want arbitration, you do nothing except ask for arbitration only.
  12. And the Synchrony Bank card agreement says you pay $0. So regardless if you are working or not or any other status, you pay nothing for arbitration.
  13. 1692c (c) Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except -- (1) to advise the consumer that the debt collector's further efforts are being terminated; (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon receipt. Did you send a C&D and they continued to call you? That would be an FDCPA violation, for the 9000 time. You already asserted "FDCPA violation" in your demand, so your brief should include this part of the FDCPA as what they violated. In addition I would motion to additional claims like I stated above. You MUST READ these statues and corresponding case laws. The TCPA is triggered when you said stop calling and they called your CELL PHONE. A statutory $500 PER CALL is allowed to be awarded for those violations.