fisthardcheese

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Everything posted by fisthardcheese

  1. I don't know that it is without having all of the facts and evidence and looking up RICO cases. I only recall that a similar argument was used a couple times prior in bank cases, though I don't know how similar the cases were to this off the top of my head. I am just saying, in regards to op asking what other statutes were available to him, that RICO in addition to things like FCRA, TCPA, UDAP, and Reg Z are things I look at to consider when taking a case deep into arbitration.
  2. If they violated the card agreement or any other written policy regarding dispute investigations, those are good. Or heck, if it were me, I would try to establish that only returning partial charges due to a payment being made on a disputed charge is their established practice and it violates RICO.
  3. Nope. It's a preliminary hearing. All it is for is to discuss the timeline of events. The merits of the case is for the final hearing and/or written briefs.
  4. Have a good brief filed backed by evidence. Which it sounds like you can provide. Ask for specific things in discovery to bolster you claims, which have already been pointed out to you, and if they don't provide them, ask the arbitrator for a hearing to compel them to produce requested items. The more you need the arbitrator to deal with discovery and other issues prior to the hearing the better.
  5. Neither. All you need for the first call is to listen carefully and answer the arbitrator's questions. That's all. Yes. Very unwise.
  6. Court is no longer a factor in your case, so no need to file anything with them. I would file the AAA case and send a copy of my Demand Form to the attorney. Once they received it, I would follow up with a settlement offer asking for a mutual release of all claims in exchange for dropping your AAA case against them. The mutual release is just as good as a dismissal with prejudice. It will be a new contract stating that you are forever released of ALL obligations regarding that account.
  7. It would be best to start your own new post to get the most help from others. I would very strongly urge you to find and read your court's rules. I would guess there is a rule in there regarding the timeline to file motions. If you don't have your motion filed before the court date, the Judge is likely to not want to hear it at that time. You can always ask for an extension of time before the trial date so you can then file your motion before the hearing.
  8. Just be careful here. If you are dealing with Discover, the original creditor (OC), and NOT a collector, then Discover will not back down like a collector would. I highly suggest that as soon as the arbitrator is selected, that you attempt to settle with Discover as best as you can.
  9. So you had a granted MTC in the court, yet the Plaintiff just dismissed the case without prejudice anyway?
  10. I would not suggest anyone file with JAMS or AAA until their Motion to Compel Arbitration is granted by court. The ONLY exception to this is if they have one of the Credit One card agreements that state small claims does not apply to the arbitration agreement. Then, if they can file the arbitration case before a suit is filed in small claims court, it can help them. Otherwise it causes more headaches than it's worth to file before a granted MTC.
  11. Whomever Kristy is, she may want to copy/paste more of my stuff into her article to make it less problematic for people using this method in a lawsuit.
  12. Nope. If they are listed as a debtor on your BK, then they get wiped out too. They will be gone when your BK is discharged.
  13. They arbitrator may ask for a list of claims or detail of claims. If he does, or if he does not, I always ask if I can have 30 days to file a detailed brief of my claims. Sounds like I would ask for all communications between the bank and CFPB relating to my dispute filed through the CFPB Ask for all records of phone calls between the bank and yourself. Ask for all correspondence between the bank and yourself (letters you sent them and letters they sent you). you can try to ask them to produce a witness from the bank with firsthand knowledge of your accoun
  14. In fact, if it were me, I would type up my motion and before I file with the court, I would email a copy to the attorney and say that I intend to file this motion, but as a courtesy I will hold off filing for [3 days or 5 days or what you feel is reasonable] and give your client a chance to accept my settlement offer of a mutual dismissal with prejudice. It kind of gives the attorney a chance to save face and not be embarrassed in court by a showing he failed to comply with a court order and saves you the hassle of another potential court hearing as well. I would say there is a fairly good c
  15. That was just their first bill, correct? Also, in CA you are not even required to pay the $200 as far as I understand. I do believe CA has a state law saying consumers don't pay a penny in arbitration. Did they respond to your settlement offer at all? They will be getting another bill once AAA name's the arbitrator to your case. The arbitrator will set up an initial phone conference to set dates for discovery and the hearing. The call is key. You should be asking for time to conduct discovery and ask the JDB to provide the name of their witness they will be presenting (they likely a
  16. I don't know about the unfair trade practices. This doesn't need to be very complicated. Simply make a motion titled Defendant's Motion to Dismiss With Prejudice and Sanction Plaintiff. In the motion I would recap everything leading up to this point, such as Plaintiff filed the complaint on XX date, Defendant filed a Motion to Compel Arbitration on XX date, The Court Granted Defendant's motion to compel arbitraiton on XX date and ordered that [whatever was said about filing arbitration]. State that Defendant filed the arbitration case with JAMS (include a copy of your JAMS demand file), st
  17. No. This is simply a computer generated response to anything they get from you. You are over thinking this. It is why using certain strategies against a JDB works, because they are literally on auto-pilot and simply sending out computer generated notices in mass qualities for hundred of accounts at the same time. Keep the letter for potential later use. Wait for communication from court or directly from the attorney involved.
  18. That would be your time to file an opposition to their motion for judgement and show the court that you have filed an appeal and that you believe you have good cause to believe the appeal will move forward and ask for the stay to continue for XX days to allow the appeal process in arbitration to conclude.
  19. You already started the arbitration process. Email a copy of the granted MTC order to JAMS showing the judge ordered arbitration in this case and ask them to reopen your previous case file number. I would include a reminder in the email that Claimant (you) already paid the $250 filing fee. Make sure you CC the attorney on the email. For others following along - this is why it is not recommended to start arbitration prior to getting the court to grant your MTC except in very specific rare cases. It inevitably always causes extra steps to have to be taken.
  20. Call the court clerk's office and give them your case number. Ask them to give you the Attorney on record for the Plaintiff and if they have any contact information for that attorney. Google the attorney if they can't provide an email or physical address. If you can only find a phone number for the attorney, call them and let them know you are a defendant in a case filed by them and would like the attorney's email address to send information about the case. They SHOULD give it to you, or at minimum an address to send mail. Don't focus too much on the sanctions part yet. That is the le
  21. I would send an email to the AAA/JAMS stating that both parties have reached a settlement agreement and that you are moving to dismiss all claims with prejudice. There is an agreement in writing. The order at this point doesn't matter. Give them a reasonable time to dismiss with the court. Your email to the arbitration firm with the attorney copied may serve as a reminder for them to file their dismissal. Your copy of the settlement agreement is your back up. If they don't hold up their end of the agreement, you take it to court and ask the judge to enforce the settlement agreement.
  22. You'd need to fill out the Demand Form anyway, so having it with you for the hearing doesn't hurt. Over Zoom it likely will not matter anyway. Just stating that you are prepared to file the AAA case immediately upon the granting of your MTC should suffice should it come up. Other than that, I would have a copy of your MTC with you in case you need to reference, answer questions about it or repeat the case law listed on it for the Judge. Your key point in this hearing should be to state that when an arbitration agreement is present in a contract, case law has established that the only ques
  23. I always say no letter is required and if you haven't sent one, simply eliminate that line and renumber your MTC.