OrdinaryUser

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About OrdinaryUser

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  1. Hi I am about to start the process of answering a summons for discover bank. I am unsure of the steps but I’m trying to follow your methods hoping it works for me 

  2. According to Discover's fine print, I didn't have to. Discover would be the one to handle the $250 fee on my behalf (and I also sent a request letter reminding them of that obligation after sending in the JAMS app, motions, etc.). As far as the win, I'll celebrate when I have firm, written proof of the dismissals. I'm still waiting for the attorneys involved in the claim to prepare and submit their paperwork before I move on withdrawing my JAMS app. The next time I speak to the attorneys, I'll push for a dismissal with prejudice.
  3. UPDATE: I arrived at court on the day of the motion hearing and met the opposing counsel during roll call. The attorney confirmed that my JAMS application was already in the works and, for that reason, they would drop their claim if I withdrew the JAMS application. I'm guessing the cost of going through with JAMS far outweighed the award they'd get from any judgment or settlement. I figured having the case dropped altogether would be a win in the books. So the attorney approached the bench and informed the judge of the move to dismiss the case and the judge agreed. That was about a week ago and I'm still waiting on word back from the attorney as to how exactly they'll proceed before I do anything on my end.
  4. No further motions have been filed aside from the one to compel arbitration, which is what will be dealt with during the motion hearing. I just wanted a little perspective from someone who's already gone through a motion hearing in Georgia, just to get a feel of what it'd be like and what I should expect.
  5. Not sure whether bumping this is contrary to forum rules, but the day of the motion hearing is less than a month away. I'm still trying to get a handle of what the motions process entails for the state of Georgia, in particular.
  6. Thanks for the information. It's a big weighty to chew through in one sitting, but I'm sifting through it as best as I can. In the meantime, I received notice of a motion hearing set three months from now.
  7. As for preparing oral statements, I'm at a loss. Any pointers as to how I should go about that? Also, is there anything I need to send directly to the state court in response to what the attorneys sent?
  8. Thanks for everyone's help so far. Today, I received a packet from the attorney with their response to the motion to compel arbitration and a request for an oral hearing. Their rationale for asking for a dismissal of my motion? They claim that my failure to invoke arbitration during the initial lawsuit back in October constituted an active involvement in the litigation process on my part, which they claim should be grounds for dismissal based on this case in Delaware. They're also attempting to invoke Delaware law for this case. Somehow, this doesn't pass the smell test for me. It seems that they're trying as hard as they can to keep this one out of arbitration and in the court system. If someone with a bit more knowledge than I has an alternative perspective, I'd appreciate the feedback. Also, do I have to send a response to the judge about this? Someone off-site mentioned I should, but I have a feeling they were still confusing this with the initial summons answer.
  9. One last stumbling block: JAMS requires a copy of certified mail receipt signed by recipient or sworn statement of service by a non-party over 18 years of age. Unfortunately, I don't know anyone off-hand who's willing to make a sworn statement. So does that mean I have to wait for the green card to come back from the Notice of Arbitration Election before I can proceed with filing the JAMS demand form?
  10. It was my intent to send the NOAE prior to initiating JAMS, but waiting for a week to go by before going to JAMS and before filing my answer seems like a great way for the OC to jump the gun and initiate through AAA (which is something I don't want happening) and for me to miss the answer deadline and end up with a default judgment (ditto). Got it. The agreement states that the OC will advance the fee upon written request, which is why I included the request in the NOAE and planned to send it to the OC, as well. I need to answer by the 3rd of next month, which leaves me with a tight schedule to work with. In fact, I plan on handling all of this tomorrow. My biggest worry is missing the answer deadline.
  11. This is where I'm getting confused, too. In the application, I listed the nature of the dispute as a "consumer credit dispute." and the claim and relief as "Claimant wishes to exercise his right to arbitration as stated in Respondant's cardmember agreement." I thought that would have been more than adequate for the purposes of this filing. Nevertheless, the claims and relief part is where I'm still getting tripped up. I tried researching potential answers for that part on my own and the only ones I've run into invoked the FDCPA in some form. So far, I haven't seen an answer that comes close to fitting my situation.
  12. Also, I'm having a hard time trying to word a potential formal compliant, since I can't see any FDCPA violations committed (unless I've missed something).
  13. Just a few follow-up questions: 1) In the JAMS arbitration demand form, there's the Nature of Dispute and Claim & Relief Sought By Claimant spaces. Considering the particulars of my case, exactly what do I put in those spaces? Also, in the Claim & Relief Sought By Claimant section, should I just say "Claimant wishes to exercise his right to arbitration as stated in Respondant's cardmember agreement" or do I have to be elaborate about it? Do I need to put a dollar amount down for the relief or is that even necessary? 2) From my research, it seems JAMS requires a formal complaint for the claimant (Discover) within 14 days of filing for JAMS arbitration. Is there any particular way I should word that formal complaint? 3) I would like to file the answer as soon as possible. However @debtzapper informed me that I may have to send the Notice of Arbitration Election to the attorney (and Discover Card, in order to request the $250 filing fee waiver). So I'm just working out a sequence of the stuff I have to do: - File the Notice of Arbitration Election with the court and send copies to all parties (the attorney and Discover Card) via certified mail - Send the JAMS arbitration demand form via certified mail (or do I need to file this in person at the nearest JAMS office?) - File the Answer with the court and send copies to the attorney via certified mail - File the Motion to Compel with the court (do I need to send a copy of this to the attorney?) I would like to get this all out of the way by the end of the week, hopefully.
  14. Thanks, this really is a big help for me. However, I'm still trying to figure out how to word the answer. Is this sufficient for the court?