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fisthardcheese last won the day on February 15

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About fisthardcheese

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  1. Wasn't your case already dismissed by the judge? I would check the court rules to see if once your answer is filed, a joint stipulation is required to dismiss a case. If yes (which I suspect since they are trying to get you to sign this stipulated order), then I agree with @BV80 to reply and state that you would be willing to stipulate to a mutual dismissal WITH prejudice. You literally have nothing to lose, since it's already technically dismissed anyway.
  2. The initial phone call is only to set dates. If you haven't filed a detailed brief on your claims, I ask for 30 days to file a detailed brief. I then ask for at least 30 days after the brief is due to conduct discovery. That's all you need at this time. What to ask for in discovery is something only you can answer. This isn't a debt case, so it all depends on what you need to help prove the claims you have. Off the top of my head I would think you want any transcripts or recordings of phone calls you made to the bank regarding your dispute or the extra charges as well as any notes tha
  3. Keep plugging away at the JAMS process, then. Make sure you get everything you need from them in discovery. For me, I always try my same offer again after discovery which should be around 30 day prior to the hearing.
  4. A standard business letter. Everything you send to JAMS should be duplicated and sent to the attorney as well. That includes the cover letter.
  5. For a settlement offer, a simple email to the attorney only is the standard.
  6. Keep it simple, professional and polite. Just always keep that in mind when discussing the case with the attorney that the attorney is working for the bank, but isn't the bank so he is just the "messenger" of sorts. I always just say something like "In the interest of further time and expense on this arbitration matter, I am willing to offer your client a settlement of $X in exchange for dismissing my arbitration action and a full release of liability. This offer expires in XX days."
  7. In that case, I would send a settlement offer for about 80% of the total amount you paid off. Keeping in mind, the best case scenario is that they will counter offer for a lower amount. I would have a number in mind that you are willing to settle for rather than going through a full hearing. There could be a number of back and forth settlement negotiations, going lower each time, but once you reach the point of your bottom line, I would tell them so. State that this is your bottom line final offer and if they don't accept that, then you just continue on with the arbitration process.
  8. Was this the only balance left on the card? This one disputed charge?
  9. Yes. It's not my favorite claim to use, but with no other possible violation to put on them, I would go with this. Additionally the low amount of this case makes it far less of a problem too. They should want to get out of this fairly quickly. The Synchrony agreement is very clear they will pay your fees, so there is no need to file a waiver. I always include a very short and simple cover letter with all of my documents I am filing and in that cover letter to JAMS, I state that this is for a court ordered CONSUMER arbitration, and that I am asking JAMS to bill the company any consu
  10. I see that OP has a settlement they are happy with, but for anyone else looking for information: It is likely the court could allow two cases like this to be combined in arbitration. I would argue against it using the language in the arbitration clause about cases must remain on an individual basis. I would state that if I can not combine cases with other defendants, then it's the same principal of them buying bulk cases and combining accounts into one case. Its likely to fail, as I doubt there is good case law to back that up as being the same thing, but it's a shot I would take anyway si
  11. This isn't a case of them suing you for the disputed debt amount? Did you just file the arbitration case because of the disputed issue? Is your account still open?
  12. You need to look up your specific court's rules and see what they say about failure to proceed or other time lines allowed by the other side. Also, courts may be much more lenient on those rules for 2020 due to the pandemic problems. Every court has different rules as to how much time is required before you can motion to dismiss for failure to proceed or whatever they call it. Your motion would need to cite the rule and show that the proper amount of time has expired under that rule and that because of this, the judge has the right to dismiss the case.
  13. I don't know where you read that, but you also should have read that the entire point of arbitration is to settle. You have a good opportunity to do that now. They missed a hearing. It's clear they dont want to deal with this case. Sounds like a prime opportunity to settle if you asked me. It doesn't matter what you demand was, I always ask for a mutual dismissal with prejudice. That's all. Keep it simple.
  14. After they state "this call may be recorded..." simply reply with "it definitely is".
  15. If you have that many accounts and they are all in collections now, then you may want to look into Bankruptcy. It sounds terrible, but unless you have a home with a large equity amount, it actually can be the best route to get everything wiped out and put behind you and quickly start on the recovery road. It is much faster and easier than dealing with dozens of lawsuits and arbitrations over many years.