fisthardcheese

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Everything posted by fisthardcheese

  1. I found it very nice of them to consider a non-response as a dispute. It's the opposite of what the law says, but it is very noble of them to make that dispute on our behalf.
  2. Now is that time. I would get it in ASAP but for sure 30 days prior to the May hearing date. Check your court's rules on motions and time allowed prior to a hearing to be sure. The general template is in the link in my signature below.
  3. Wait. There is no leverage yet. You must comply with the court order to arbitrate and let them get stuck between paying an arbitration bill or being in violation of the court's order. Then they will have incentive to accept your offer as an alternative.
  4. If you file a motion asking for arbitration, the next step would be file that arbitration so you aren't in violation of the court's order you just sought.
  5. No prior notice is required once they have sued you. All notice is through court documents. Some have interpreted certain state's laws as notice is required prior to using arbitration, so it is in the template to err on the side of caution. Just use your efile system for everything. If the court states that this satisfies the requirement of notice for your answer and motion, then that satisfies the requirement.
  6. This is not the case, however, because the Plaintiff dismissed that action after the MTC was granted. I don't believe the stay and MTC which was granted can be considered res judica from a dead/dismissed case. I don't see it as that complicated. You just go through the exact same motions as last time.
  7. Unfortunately because they used the loophole of TX not having a rule like most other states that requires a stipulated dismissal only after an answer is filed, you just have to go through everything again just like last time. The outcome should be exactly the same as well, except this time when they dismiss after your MTC is granted, you force them into a dismissal with prejudice. Since this is their second bite at this, there MAY be a court rule stating a second dismissal is automatically with prejudice or acts as a ruling on the merits of the case, which will be good for you.
  8. It's in the consumer rules at the bottom. Objecting doesn't cost them more, however not objecting immediately will be deemed as a waiver on YOUR part. I would make dang sure that AAA knows without a doubt that I DO NOT WAIVE any part of the consumer rules and that I object to their assertion that costs may be awarded. Cost shifting is barred by the consumer rules.
  9. Let me amend my response above. Don't completely ignore their reply to AAA. Hit Reply All to that email and send an objection to AAA. Tell AAA that you object to the Respondent's request that the Consumer pay the full arbitration amount as it runs counter to the Consumer Supplement Rules of AAA. I would send this email FIRST. And then, I would send a second email to the attorney ONLY with my settlement offer.
  10. If you never sent a settlement offer to the actual attorney, then you have made no settlement offer in this case. They can copy and paste all the court documents they want to AAA, but it's pointless at this time since an arbitrator hasn't even been appointed to your case yet and you haven't even had your first conference call with the arbitrator. I would ignore it and send the settlement offer.
  11. What do you mean by paper review? Is this a court hearing?
  12. You have the option to call the attorney's office and tell them when you will be available at home and are willing to accept service at that time. Some people do this to avoid being served at work or having sewer service and missing a court date.
  13. It is best to start your own Post rather than going through all the details in this reply thread.
  14. This is a Synchrony contract, so there is no small claims exception to worry about here. In this case, this is a very standard MTC filing and should easily be granted. This is the route I would take given the solid case law to back this up. DB - DebtorsBoard is dead. CB - Credit Boards is still around.
  15. I would send it by email. It's the standard and much easier to have a record of what was said in negotiation.
  16. This is a good time to send the attorney a settlement offer of mutual dismissal with prejudice. (you drop your arbitration case and they drop the court case with prejudice). I would state that my offer expires on the same date that AAA said their payment is due. This gives them a better 'out' than to pay the bill they are now facing to continue.
  17. Your friend has no clue how arbitration works. That is all incorrect information and the way we suggest things here have a very good track record that you can look up many times over on this site. If your settlement offer included an expiration date as I suggested, then you need to wait until that date before sending anything else. Give them the time you allowed for them to accept your offer now that they have another bill in front of them.
  18. This is the amusing part of having a clueless attorney. They paid the $300 from the initial letter thinking it was the only fee. Now they get this second letter saying they owe $1400. On rare occasions we see some attorneys paying this also only to get hit again with the actual arbitrator's retainer once they are selected which can be anywhere from another $1500 - $2500. You send a settlement offer I assume, which I suggested you state expires on the 14th. So you wait until the 14th to see what they do with this new information.
  19. JAMS will send a new demand for payment and set a new date. If this were me, I would send the attorney a settlement offer of mutual dismissal with prejudice for all claims and set an expiration date for my offer to be a week before the next court date.
  20. If you need a little time to learn and figure out the MTC, just focus on the answer only for now. The answer is the most important thing to filed on time to avoid a default judgement. The answer essentially only needs to deny all of the allegations in the Plaintiff's complaint. You can also include an "Affirmative Defense" section where you state the defense of "Lack of Jurisdiction due to a private arbitration clause". Just get that filed on time and you can take a few more days to figure out the MTC
  21. When emailing a settlement offer, I like to keep it simple. I will tell them in the interest of further time and expense, I am willing to offer a mutual dismissal with prejudice of all actions relating to XX account. I would also state that my offer expires on Feb 9th. This gives them an alternative out before payment is due to AAA on the 10th.
  22. It's a scam. Tell him you will meet him in front of the police station to accept the documents. Watch how fast they hang up
  23. You are covered. You have an agreement in writing from them. This is an enforceable contract in court. It is actually very common for attorneys to not act until a deadline is upon them. When the court date is coming up, I bet they finish this up and file the dismissal. If they don't, like already mentioned, just bring the settlement agreement to court with you and ask the judge to enforce the settlement agreement that they have failed to file.