jazz

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About jazz

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  1. If you are starting out with the JAMS route, don't worry about the counters or RFAs yet. Take it one step at a time.
  2. @TomnTex You were one of the first to reach out to me when I was scared and had initially posted. You also helped me to understand the importance of opening up to the forum instead of only PM-ing. Thank you so much for all of your support. Your help has made a world of difference.
  3. I also used to be somewhat hesitant about posting here because it makes total sense to me that the lawyer suing me, or at least his assistant, would peruse these types of forums. That thought made me nervous. But while I still take care to keep some info relatively private, I have gotten over that concern. Because posting here and getting direct feedback has been far more fruitful and powerful than hiding and being scared. I will not be led by fear or shame. And I've decided that if my opponent is lurking, then good. I hope they have a very clear understanding at this point that I am committed to fighting. I will not back down, I will not settle, I will do whatever it takes to make sure they will not get a single penny from me. The decision to commit and to fight is the single defining factor. The method of combat, to me, it's secondary. To some here, fighting to win means settlement. To some, it's pro se in court and not arb. To some, it's FDCPA claims in Fed court. To some, it's BK. All are good and well compared to a default judgement and garnishment. You just have to know what is right for you, and then commit and take the plunge. Once I got good and clear inside of myself which fight I was fighting, the rest became less confusing and overwhelming, and the help came in droves. Doesn't mean I don't get discouraged, confused or nauseous sometimes...I still do. But that's just part of any battle.
  4. After direct advice from a meeting with an Oregon consumer rights lawyer, along with all of the help I received from this forum, I did go the JAMS route. I also have the exact same JDB and law firm stinging me as you do (but not the same OC).I did file an answer and also at the same time MTC private arb with JAMS, exactly following the Linda7 method. I have a motions hearing scheduled for next month. I had another lawyer look at my complaint answer and my MTC with both Exhibits, the election letter and the contract - which I copied from the Linda7 thread - and the lawyer told me they looked great. I have not sent out the JAMS paperwork. I have downloaded it, I've filled it out, and I'm waiting. For now, the motions hearing granted by the judge has bought a little space and time. The JDB and the lawyer continue to send me crap, and when I am unsure of what to do I post here and get help. What you have outlined above, the 3 steps you listed, is not the exact route I took, but may lead to the same place, I don't know. This is my first and only time dealing with litigation, so all I can speak to is what I did and how it has worked for me.
  5. Did you find the Linda7 thread?The link I posted was incorrect. I just fixed it. The JAMS election notice Linda7 outlines is not the same thing as the actual paperwork from the JAMS website...it is a simple letter you type yourself, send to PRA and JM, make a copy and have have notarized, and submit as an Exhibit with your MTC. (If you're taking a different route, disregard )
  6. @Jeepers Link to famous Linda7 Arb Thread: http://www.creditinfocenter.com/community/topic/314030-the-strategy-and-steps-of-arbitration/ Yes, it is very easy to get overwhelmed by all of this stuff. This forum is so amazing. I have been, and continue to be, exactly in your shoes, right here in Oregon...it is nerve wracking, I know. Hang in there. You will get everything you need from the awesome people here at CIC. This place is truly priceless. You will get seemingly conflicting information at times, not everyone will agree, there will be two or more paths that could work and it will be up to you too select which one to take, and you will sometimes (very directly) hear what you most don't want to hear. But it is all useful, because it causes you to think, analyze and grow; and you will find what works for you and you'll get the job done the way that most makes sense to you. I live in infamous debtor unfriendly, screwed up court ordered arb Oregon, just like you, and I exactly and very recently followed Linda7, and it got me out of state arb (so far) with a motions hearing. Who knows if that was the right decision and who knows what will happen from here. Who knows if it will work for you or for the next person. However, I am not rolling over, and with the help of this forum, I am committed to fighting as hard as I can. I outlined my steps for you above, based on Linda7, and if it helps, great. If your gut tells you to take different route, take it! As hard as we are committed to fight, and as informative as this forum is, there is a big element of chance and crapshoot attached to this journey. The important thing is that you are committed to fighting.
  7. I did file an answer, after first sending the plaintiff and lawyer an election notice, the way it was outlined in the Linda7 thread in the CIC Arbitration forum, and then filed the complaint answer at the same time as my MTC private arb with JAMS. My complaint answer, following the Linda7 example, stated wrong jurisdiction due to the fact that I had already elected private arb persuant to clause in the agreement. This worked for me in Oregon. Not sure if it was necessary to answer the complaint, but that is what worked for me. Oregon is tricky. Heard of judges getting confused about state arb vs private arb and throwing the defendant into state arb anyway. My complaint answer coupled with the MTC and election notices, made it very clear.
  8. @Jeepers Have you read Linda7's thread in the Arbitration forum? If you are serious about JAMS, follow her recommendations to a tee: 1. Send your JAMS election notice to the JDB and also to the lawyer, just as she posted, taking care to personalize the parts that directly relate to your particular case. 2. Before mailing, make two copies of the election letter sent to the lawyer: one for you, one for the court. 3. Now write your complaint answer. Keep your complaint answer short and sweet. Also see Linda7's example. 4. Write your MTC private contractual arb with JAMS...it is all there in the Linda7 post. Take care to be very clear about the "private contractual JAMS" part, since in Oregon, we have court mandated arb. Not all the judges are familiar with the difference. Be clear and spell it out when you can. 5. Take your copy of jams election letter with the certified mail receipt (Exhibit A), and copy of contract (Exhibit to a notary and have them notarized as affidavits. Also take a copy of your complaint answer and MTC and pay for a notarized proof of mailing. Again, just like Linda7. (P. S. It will cost about 40 bucks.) 6. Mail copy of complaint answer and MTC, with copies of both Exhibits, to plaintiff's lawyer. 7. Take your original MTC with copies of Exhibit A and B and the affidavits, along with your short and sweet complaint answer, down to the courthouse and file them at the same time. 8. Wait to see if a judge is assigned to your motion (you will get a letter in the mail...I couldn't wait and called the courthouse). 9. Google the judge to find out all you can about them. 10. Call judge's chambers to set up a motions date...once the judge's assistant gives you some available dates, you will have to contact the plaintiff's lawyer to get an agreed upon date and report back to the judge's chambers. If you are lucky, the judge's assistant will set up an email chain w/plaintiff's lawyer to initiate the process of choosing a date for you. 11. When you get an agreed upon date, you must send the lawyer a notice of hearing (time, date, judge place). Then, in the meantime, sit back and wait for whatever other crap the jdb throws your way, and bring it here for advice Follow Linda7. No sense in deviating or recreating the wheel at this point. I was able to get a motions hearing in Oregon this way.
  9. @CCRP626 Okay...here is my first draft, up for suggestions: IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF XXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXX, Plaintiff, vs. XXXXXXXX, Defendant CASE NO. XXXXXXX JUDGE: XXXXXXXX MOTION TO STAY DISCOVERY Defendant Jazz Debtslave, appearing Pro Se, asks this Court to issue an order staying all discovery pending the outcome of the Defendant’s Motion to Compel Private Contractual Arbitration hearing, and as grounds thereto states the following: 1. A Motion hearing for May XX, 2015 at XX has already been agreed upon by both parties, and was confirmed by the Judge’s Chambers on XXXXX, 2015. As the Defendant has already elected to solve this dispute through private contractual arbitration with JAMS -- pursuant to the terms of the credit account agreement and submitted as sworn affidavit Exhibit B -- the Defendant affirms that the arbitration forum of JAMS is the proper forum to decide the scope of Discovery. 2. For the purpose of the Motion hearing, the matter of dispute is limited to the contract. The Defendant has provided, as Exhibit B, a copy of the contract that she believes governs this account. The Plaintiff, while suing for alleged Breach of Contract, has failed to provide any evidence of contract at all. 3. Per ORCP 36 (4): “Upon motion by a party or by the person from whom discovery is sought, and for good cause shown, the court in which the action is pending may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following:… (4) that certain matters not be inquired into, or that the scope of the discovery be limited to certain matters…” The Defendant asks the Court to limit the scope of discovery to include only the matter being brought before Honorable Judge XXXXXX at the May XX, 2015 Motion hearing, which is the private arbitration clause that governs the credit account agreement, and which the Defendant has already provided to both the Court and to the Plaintiff. WHEREFORE, Defendant moves this Honorable Court to Stay Discovery pending the outcome of the Defendant’s Motion to Compel Private Contractual Arbitration hearing. Respectfully submitted this day April ____, 2015 Jazz Debtslave, Defendant, pro se
  10. Do I send a blanket objection to them? Or do I go through and answer each one, like I did on the summons I answered? Also, Iheart stated this goes directly to the Plantiff, and not the court. However, the Plaintiff filed a certificate of service with the court, which was attached to the discovery requests. Does that make me liable for also replying to the court?
  11. So true! Everyday, there seems to be some new surprise waiting for me in the mailbox...
  12. Can I object if they ask my username? Can I say that asking my username is irrelevant and immaterial? Telling them where I downloaded an agreement is one thing. Will it hold up at the hearing that my username is not related to the authenticity of a document? That document is there whether I sign in or not. Also...the Plaintiff has been granted permission from the court to appear via telephone. Am I really going to be called to testify by someone on a speakerphone? That is so surreal to me.
  13. If I were to admit that once I found the contract, I saw that Dell was servicing the account for CIT Bank, and then I recognized that I did have a contract with Dell, wouldn't I then be also admitting to the debt?