fisthardcheese

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fisthardcheese last won the day on November 20

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About fisthardcheese

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  1. I always say no letter is required and if you haven't sent one, simply eliminate that line and renumber your MTC.
  2. Use the form and check Box A. State that the jurisdiction is incorrect due to a private arbitration clause in the underlying contract and that Defendant has elected arbitration to hear this contested matter. An Affidavit is simply your own testimony. There need be no specific format nor state specific issues. As long as you hit on the important information, starting with identifying yourself by stating you are a resident of County, State and are over age 18 and make the following testimony of your own free will. And in the following paragraph I would simply state that the attached
  3. That is a perfect settlement agreement. The best you can get. I would sign that and return it immediately. Congrats!
  4. This point is moot due to the BK, but for anyone else looking for info ... Your court case was stayed pending the conclusion of arbitration (due to your granted MTC). The JDB is free to file a motion for judgement exactly one minute after the conclusion of arbitration, according to the court's order granting MTC and staying the case. In addition, everything your arbitrator ruled on is outside of their authority, as others already mentioned, they have no legal right to add post judgement interest, and of course the fee shifting against AAA rules, among other things. Anyone else who gets s
  5. They don't have to. After some period of time, they can file a writ in court to levy your bank account or garnish wages. It's best to contact them and settle or arrange payments to avoid those collection tactics.
  6. Anyone who has not settled and has the arbitration hearing days away should always imagine this is the way it will go. If you aren't doing more to slow it down, add in speed bumps and get a settlement BEFORE the hearing, then you should always assume this will be the outcome.
  7. The 3rd time I know of. One of which was overturned on an appeal, and the other was way too far gone and not listening to reason or advice here anyway. All 3 were with PRA. There have been a small handful of other PRA cases that have gone further into arbitration than usual, but those ended up settling eventually, albeit late into the process. Speaking for myself only, I have never and would never say ANYTHING is a "sure thing". I say that arbitration is by far your best odds to beat the case. And it still is. Factor in the 3 times we know it hasn't worked into the thousands of ti
  8. In law, always make sure you are reading things for what they actual say. It clearly says you will not be required. So, therefore, you are not REQUIRED. You can still willingly or voluntarily accept or request arbitration, however. That language is in the AAA rules (and also the JAMS rules). However, it is my belief that the arbitrator wrongly made that ruling and would have been overturned in an appeal. Also, some people rush into arbitration rather than trying to take it very slow and methodically as it should be. PRA has followed a couple people into arbitration now, but it is
  9. Send it by any contact information you have for the attorney listed on the lawsuit. You can often find their websites with google and then find an email address there too. JAMS will give them plenty of chances to pay. If JAMS decides to close your case for non payment on their part, then you file a motion for sanctions with the court and use all of the emails from JAMS as proof that you paid and followed the court's order to arbitrate, but that the Plaintiff did not follow the court's order and you ask for a dismissal with prejudice.
  10. I don't like this and I wouldn't do it myself. I would just file the arbitration case myself every time after a judge grants an MTC. Arbitrators make bad ruling all the time. We've seen a couple here and this is one of them. The appeal would likely reverse the fee shifting this arbitrator ordered, as I doubt 3 other arbitrators can look at a case with arbitration in the contract and a court order to arbitrate based off the respondent's court case and claim that the action itself is frivolous.
  11. Have you filed an actual Motion to Compel Arbitration? If not, I would do that ASAP. If they insist on mediation, I would just go and continue to deny that you owe anything and refuse to settle. That will end the mediation and then the court can take up your motion.
  12. Yes. The only affirmative defense I would list is "lack of subject matter jurisdiction due to private contractual arbitration". You can file the Motion at the same time you file the Answer if you can have it ready before your deadline to file the answer. There is no need to wait unless you simply need more time to complete it and are up against the deadline to file the answer.
  13. File it right away. Filing arbitration is the easiest part of this whole process and with that Synchorny/walmart contract it cost you nothing. Therefore, there is no reason to get into particulars on WHO files. Just file and complete your half of the court order.