fisthardcheese

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fisthardcheese last won the day on June 25

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About fisthardcheese

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  1. 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.
  2. 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.
  3. Perfect ending!! Nice work on catching their attempt to slide an MSJ in illegally.
  4. 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.
  5. 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.
  6. 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.
  7. Looks like an electronic stamp, which possibly can include anything a judge or clerk types into the box.
  8. 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.
  9. 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.
  10. Appeal. The judge ruling that there is "no genuine issue" while a pending MTC is on the docket is blatantly wrong.
  11. Again, I see this as an over-complication of a simple issue. The contract clearly states you are only responsible for fees required by the AAA rules. The AAA rules are very clear that you owe $200 and nothing more UNLESS found to be frivolous. Nothing about the act of starting an arbitration case for a genuine dispute can be frivolous. It's their own contract. THEY wrote it. Too bad if they don't like it being used in the rare case it does not benefit them now.
  12. I think you are reading too much into it. Every single arbitration case I have had, the other side ALWAYS claims it is "frivolous" simply because that is the ONLY way that fees can be reallocated in AAA. They simply always throw it at the wall in hopes that it sticks. It wont. As part of your response, just state that you have complied with all aspects of the court and the contract with PRA and that in no way can this be considered "frivolous". Of course, me being myself, I personally would add in for my own amusement something like "if Respondent honestly believes the actions of Claimant are frivolous, then Claimant would ask Respondent why they would ever create or involve themselves in a contract that is patently frivolous against themselves from the outset?" I could not disagree more strongly. The only way we advise using arbitration on this site is to follow the letter of the contract AND well established case law. There is no way that following those two things by the book can be considered frivolous in any way.
  13. Yes. Arbitration is not court. They can probably bring on anyone they want. But so can you.
  14. No, because the MTC was granted, a dismissal will need to be stipulated by both parties. This is actually what will help you when THEY want to dismiss too. They will have to reach an agreement with you first. That is why having a granted MTC is powerful and shifts the leverage to your hands. Just ask for the continuance and then email the attorney with a settlement offer.