fisthardcheese

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fisthardcheese last won the day on July 6

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About fisthardcheese

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  1. Start your own thread for better help and include who the original credit card was with - what bank - and what year did you first default on the account. You can also read the link in my signature below for further info on where to start.
  2. If I got a letter from a new collector on a debt already involved in a pending lawsuit, I'd already be browsing online for what to spend my $1000 on LOL
  3. I would NEVER file an arbitration case until a Judge grants my MTC. Only in the rare case of not yet being sued and having a Credit One or CitiBank card agreement would I ever say arb should come first. I think you have the complete wrong idea of how things work. You are winning but you are frustrated? I don't get it. Yes. You need to read up on threads about the arbitration process. I have explained it on these boards countless times over 5 years. Once you get the commencement papers from JAMS, file a NOTICE with the court showing that you have complied with the court's order and commenced arbitration with a copy of the JAMS letters as your proof. The attorneys very likely get electronic notifications on their cases anyway, so I'm sure they know about it.
  4. Perfect! Now is a great time to send a short, simple and respectful settlement offer to the attorney. I usually email the attorney and say something like, "in the interest of further time and expense on this case, I am willing to offer your client a settlement of mutual dismissal with prejudice in this matter. I am willing to dismiss with prejudice my pending arbitration case in JAMS in exchange for a dismissal with prejudice of the XXX County Court case #YYY. This offer expires in 14 days." - anything like that should get the ball rolling.
  5. Check your court rules and see how they say dismissals are allowed. Every court is different. SOME courts say that once an answer is filed, only a stipulated dismissal is allowed. If that is the case, you have the option to file an objection and explain to the court, citing the court's rule, that you were not conferred on the dismissal and that you will be happy to stipulate to a dismissal with prejudice in the case. However, if your court allows a withdraw or dismissal after an answer is filed, then you don't have any argument left and just have to take the win as is. Nice job!
  6. There is only one filing fee in arbitration regardless of how many claims. Their counter claim will be free. It might. If they are reporting it as a closed revolving account I would argue that is inaccurate. Are all of the dates and amounts the same across all 3 reports? That is where I used to find a lot of violations. JDBs would report a dollar off on 1 of the 3 reports, or a date would be a day or two different on 1 of the 3. Before being considered a violation, however, you must dispute the error with the CRAs. If you must file in JAMS before getting the results back from your CRA disputes, then you can file as FCRA violations and amend as needed. If none of that pans out, just use "credit card dispute". It's not as strong, but this is a JDB in JAMS so it isn't going anywhere anyway.
  7. Are you sure? You can put 'credit card dispute', but I don't like doing that. I would double check my phone records and see if they auto-dialed my cell phone at least once or SOMETHING.
  8. Perfect ending!! Nice work on catching their attempt to slide an MSJ in illegally.
  9. I don't recall if there has been an MSJ specifically during a stayed case, but we have seen other filings or motions. I seem to recall Discovery being filed a time or two on stayed cases.
  10. Oh If I had seen this was Synchrony I would have said file now. So, file now. I wouldn't wait. It will cost you nothing so why wait? Even if they appeal - which would be a losing endeavor - you just email JAMS and ask them to put a hold on the case pending the appeal of your MTC. When I file any arbitration case, I simply include a short and sweet cover letter that says I am submitted a new consumer arbitration case and that the enclosed contract states that the company will pay all arbitration fees and request that JAMS bill the company the full filing fee. This is all that needs to be said on the matter. JAMS will properly bill the JDB.
  11. After you file in JAMS, they will email a confirmation and issue a bill for the filing fees to both sides. You CAN offer a mutual dismissal at this time, but IMO the attorney will force you to pay your $250 in hopes that you don't and they can go back to court and throw you under the buss. Most settlements occur after the filing fees are paid and the arbitrator is chosen and the $2500 bill is sent to the JDB.
  12. Looks like an electronic stamp, which possibly can include anything a judge or clerk types into the box.
  13. First thing - Just assume now you WILL have to appear in court at least once if not a few times. Preparing for that now rather than hoping to avoid it will make it easier for you later. If you show up to court prepared, it will be less nerve wracking and you will do a better job presenting your side. Do NOT file in AAA now. Wait until the court rules on your Motion to Compel. The only thing that matters currently is court. You have been sued. Deal with that lawsuit in court FIRST. You already know how to do this - you file an answer the denies all allegations and states you have an affirmative defense of improper venue. Then at the same time you file the Motion to Compel. As far as violations, ignoring a request to arbitrate is not an established violation backed by case law. What I have always said is that if I have NO OTHER violations at the time I must file in arbitration, I will use this argument as a single FDCPA violation in order to file my AAA case upon. Arbitration is not court, so they will not toss your case out without a hearing. You can make a sound argument that they are in violation of the contract OR that they took an improper action to collect a debt after you invoked arbitration. It doesn't mean you will prevail on that argument, however, the entire point is that they will have to pay the $6k to AAA to have the hearing The cost is your leverage, not your FDCPA claim. However, this is still very early in your case. Attorneys can easily violate the FDCPA between now and the judge granting your MTC. So you don't know yet what kind of violations you may have to file your AAA case with until it's time to do so.
  14. This is a legally baseless reason to deny arbitration. There is a ton of case law that supports this being a blatant error on the Judge's part. Show that case law to an appeals court and your denial will be overturned.