fisthardcheese

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Everything posted by fisthardcheese

  1. I would call the clerk's office and see what's up. It may be that the court has been closed and no one has mailed you a copy (even though the attorney is supposed to - doesn't mean they did). Ask the clerk if you can get a copy emailed since in-person business is limited due to COVID. See what they say.
  2. Wait. They will sue you, but you should do nothing unless and until that happens. Get the MTC granted before filing anything with JAMS. They will not file with AAA before you do.
  3. Nice work!! If you are able, can you tell us how the dismissal came about?
  4. If you have a good chance at avoiding small claims, then that is good. No need to file in JAMS beforehand, then. If that is the case, then I would wait until they sue and file the MTC in court and wait for that to be granted before I messed with JAMS. Once the MTC is granted, then yes, you will have to pay $250 to JAMS, but that is a cheap price to dispatch of this debt eventually.
  5. Don't get too hung up on the costs issue. The arbitrator allowed it as a POST-hearing issue. This means they still must foot a bill for a full day's hearing at the very least. Also this is still early. Most settlements occur at this time, after the initial phone conference. The attorney now knows that you aren't a push over and you at least have the ability to get some of your issues granted by the arbitrator. It is a perfect time to offer a mutual walk away settlement. If all else fails, in your unique case here, you still have a chance to run up their costs AFTER the hearing because they thought they would scare you with the costs argument. Even after the hearing is over, there will be another filing that you can object to and make your case on why it is not proper and against AAA rules to relocate expenses. That exchange alone will costs more arbitrator time which they must pay for up front before the arbitrator decides on if you should have to re-pay it. The chances are pretty low (but not 0% obviously), and that is still leverage you can use for a settlement leading up to or even after a hearing.
  6. In all of my such cases involving services or products, not debts, the settlements have always come AFTER the initial phone conference. The attorney's basic formula is: 1. See how serious you are and if you are able to navigate the filing and phone conference. 2. Once they see you are competent and start asking for discovery items to prove your claims, they soften and 3. They will negotiate hard-ball at first to get the cheapest settlement but depending on how strong your case is, the longer you drag it out and give them small looks at your evidence and simultaneous filing requests or objections on discovery to the arbitrator they will start working on a realistic settlement with you. The longest case I had involved a CRA who I had to file a federal petition to compel arbitration against before they would talk settlement, and even then, the settlement back and forth negotiations took over a month. The good thing about these cases are that you have nothing to lose. They have nothing to file against you in a counter claim. Keep it as much on your time table as you can. Make sure you at minimum have a phone hearing (since in-person is not very likely these days).
  7. Have you filed an opposition to the Motion for Default Judgement? I would immediately file a strongly worded opposition acting as appalled as I can while still being respectful. Clearly there is no basis for a default judgement, since the complaint was answered properly, a MTC was GRANTED and a STAY is put in place on this case pending JAMS arbitration. This is clearly a case of some attorney not only not doing any kind of due diligence, but not even literally LOOKING at the file before just auto-filing stuff in their cases. I would lean hard on this fact to make the attorney look foolish to the judge.
  8. Have you had the initial phone conference with the arbitrator yet? That is the key time where you must set the tone and let them know you are actually fighting them and willing to go to a full hearing. Ask for a witness name from the bank they intend to produce, ask for an in-person hearing (I'm sure it will only be a phone hearing due to the ongoing issues, but I would try). Ask permission to file an amended complaint, especially since you have not submitted any type of brief yet. Ask for time to conduct discovery. You can't really run up the costs in AAA like in JAMS, but you can create enough work with discovery and new claims and objections for the arbitrator to eat up the initial deposit and require another deposit prior to the hearing. That will be your leverage to get a mutual walkaway.
  9. I would have never sent that meaningless "election" of arbitration letter. You are only giving them more reason to rush a lawsuit into small claims. Once they respond to your verification letter, NO further contact is always best unless it is through court or arbitration. If this were me, I would be filing a claim with JAMS today. Citi and Credit One are the ONLY card agreements I suggest doing this with due to to their small claims language. You will have to pay the $250 filing fee to JAMS, but if you can't pay it now when you file the claim, send the claim anyway and JAMS will ask for it in a couple weeks if you need to buy time. $250 will be the only required fee from you and there is no need to ask or talk about fees with anyone else. JAMS will take care of billing the proper party (the JDB). They are likely to still try to sue you. Court is generally inevitable. Don't be afraid of it, just deal with it from a place of knowledge and leverage - which you are already getting a good start on by learning here.
  10. Call AAA and ask if the other side has paid any of the fees due yet. AAA will often tell you the total paid by the other side to date. If that amount does not total $4200 - which I am positive it does not and is more like $750 at this point (IF they were required to pay your $200 portion), then I would send an email to the attorney to reject their offer. I would then send an email to the arbitrator with the attorney copied and ask for permission to file an amended complaint. I would then type up a new complaint adding an FDCPA violation for lying about their costs to you and ask for an additional $1000 added to whatever you initially asked for in your filing. Once the Arbitrator responds giving you permission to file the amended complaint, I would send the new FDCPA complaint to both the attorney and arbitrator by email. Optionally, my next offer, when the attorney eventually wants to dismiss the case and get out of this would be a $1,000 payment to me and dismissal with prejudice in exchange for dropping my arbitration case against them. Depending on how hard you want to push back on them.
  11. All I know is that the Government got everyone to go along with shutting everything down by saying we must "flatten the curve" and prevent overwhelming the health system. Yet, after a couple weeks of declining numbers now, governments are extending or worsening all of the martial law. Add to that, the measures taken by businesses and governments are illogical and make spreading a disease even worse, like shortening grocery store hours so that now everyone must cram into the store at the same time during the shorter day rather than expanding hours and having a sign up for a 30 minute slot during the day where you can come in with a limited number of other people to shop. Instead, everything is being done in a backwards manor fluffed up with keywords like "heroes" and "do your part" and "in this together" as you march in lock step to your demise (financial or otherwise).
  12. I generally wait 30 days from the date the judge signs my dismissal with prejudice. I then send a simple dispute saying "I am not liable for this account" to all 3 CRAs. That has always done the trick. Like Harry said, if they actually verify the account, then they are breaking the agreement and it would be time to take it to an attorney for a little FDCPA and FCRA lawsuit against PRA.
  13. The only thing that has happened so far is that they paid the initial filing fee, correct? Have you even had an initial phone conference scheduled with the arbitrator yet? You are VERY early in a months long process (and that was before the entire world slowed to a crawl recently). There is nothing to worry about yet. This is the time to prepare claims and responses to their claims. This is the time to just wait and watch. Object to anything they do that runs counter to the AAA rules and enforce all of your consumer rights per the AAA rules. The more you have to file and email, the more bills they will be sent in the future. The more bills they get, the more chances you have to settle in your favor.
  14. Agreed, it's a fine line. A line so fine it may take me an extra day of hearings and objections to sort through 😁
  15. This was a giant mistake. When the other side asks what you want, why would you not tell them??? Do you not want this case to be over? I would have immediately said I would agree to a stipulated dismissal with prejudice. After all, that is what you want. Why would you decide to not ask for this and continue a case for more months just to hope to get back around to that exact same spot again? If this were me, I would be emailing the Attorney today stating that I am willing to drop my AAA claims with prejudice in exchange for a dismissal with prejudice of their court case.
  16. Send the Judge's signed granted MTC order to AAA and they will accept the case. Court order's superseded their refusal
  17. Yes. State that you are amenable to settle your claims for a mutual release of liability and ask him to forward an agreement stating this for your review. If they did not dismiss their court case WITH prejudice, I would make sure it is a mutual release of liability.
  18. 3 pages of Clydesmom's incorrect gibberish just quashed in one sentence from the Judge. 😂 Check your court's rules for "failure to follow court's order" or something similar. There isn't really going to be case law on this because it's mostly a court rules issue and not something that is litigated. I would just make a simple motion that details the history up to this point, about your MTC being granted, the filing of JAMS, all of the JAMS notices to pay and their failure to follow the JAMS rules and orders, then I would state that the Plaintiff is in violation of the court's order to arbitrate this case and is intentionally causing delay and further expense. I would ask BOTH that the Plaintiff be sanctioned and that the case be dismissed with prejudice. I would send a copy of my motion to the attorney by email and I would state that I intend to file the attached motion, but that as a courtesy, I will hold off filing and give their client 7 days to accept my offer of mutual dismissal with prejudice of all claims and cases between the parties. This usually gets things sorted because it will save the attorney the embarrassment of having to answer to the judge for their ignoring the MTC order and defending a sanction motion.
  19. No. Get the MTC granted. Who pays is a matter for the AAA to decide. Do NOT argue or mention this in court. The court doesn't care, nor do they have the ability to enforce AAA rules. Case law is all you need and the case law is clear that an MTC shall be granted here. IMO you are changing your argument and getting trapped in side issues that are completely irrelevant. Case law is overwhelmingly on your side. Who cares what gibberish they attorney threw out there to see if it will stick because they know they are up against a pro-se with no experience. None of that matters.
  20. Ask for a 90 day extension due to this issue. Ask for everything under the sun. Make them spend the time, and more importantly, the arbitrator's time to respond to all of it. Have you replied with your opposition to their counterclaim? This almost looks like a potential FDCPA violation that I would like to look into in my state's case laws. I know in my state, I have successfully claimed that asking for court costs as part of a debt claim for which no court has awarded that cost to was an FDCPA violation. It will depend on how they asked for the fees. No. But it can be TCPA violations if they came to your cell phone without express permission.
  21. While Clydesmom loves to slander by continuously claiming I advocate for any bogus filings, she is wrong as usual on so many things. First, now that an arbitrator is appointed, you must ask permission to file any amended claims. Generally, they will allow this, especially since no initial conference call has even been made. Often I have personally, as well as suggested to others, that they ask ON the first conference call to file amended claims and it has almost always been allowed. They may still violate the FDCPA between now and the conclusion of the conference call. It would not be out of the ordinary. The conference call is when you can set the tone to let them know it won't be a cheap, easy cakewalk for them. Ask for full discovery (statements, all phone records of PRA calling you, copies of all letters PRA sent you, etc) and for the name of their witness from the OC with knowledge of your account. The other thing Clydesmom is so brazenly incorrect about is that "we have never seen a JDB go this far into arbitration". It is so wrong I had a little laugh. It is common for JDBs to pay the initial filing fee and get to the initial phone conference in AAA. PRA has been doing this quite often over the last year, in fact. Usually the attorneys just don't understand that the bills continue to come every couple months in arbitration. They are under the assumption that the initial fee is all they pay, but eventually they fold when more bills come along. You still have a lot of pressure and leverage at this point. You just can't get over aggressive and give them a reason to prove that you are filing frivolous claims.
  22. You can send it in the body of an email. Include everyone including the now appointed arbitrator. This is also a good time, since they got a new bill again, to re-send a mutual dismissal settlement offer and make the expiration of your offer the same date AAA says their $1400 is due. The settlement offer goes to the attorney only.
  23. If you haven't already, just reply to their email and state that the agreement looks good but that the Judgement of Dismissal says "without" prejudice which should be "with" prejudice according to the settlement agreement. It is likely a clerical error. They should correct it and resent it. Once they do, I would be happy to sign this and return it to them. This is a perfect settlement. It absolves you of ALL liability regarding this account. Which means this account and debt will be gone forever. Congrats!