bonedaddy77

Members
  • Content Count

    21
  • Joined

  • Last visited

Community Reputation

1 Neutral

About bonedaddy77

  • Rank
    Member

Profile Fields

  • Location
    FL
  1. Go with JAMS if you would like the bill to be more expensive for them. AAA is generally cheaper
  2. In my situation I went ahead and filed JAMS case and sent my $250 to get ball rolling. Filing with JAMS shows you are serious. When you filed with the court did you request a hearing on the MTC? It doesn't happen automatically. Arb can take well over a year plus you get the chance to appeal the first hearing when it doesn't go your way. Great strategy when you have the BK card in back pocket. Which law firm? Zwicker? Modlin?
  3. The fees and costs I mentioned were from the arbitration and were not included as part of the award from arbitrator. That award was appealed and thus nullified.
  4. My first round of JAMS arbitration was somewhere between $15K-$20K and that was a 1 day hearing. An appeal has case management fee of $2500 and then a retainer bill for at least $15K.
  5. Amex normally does not sell any accounts. They will use an outside collection agency to attempt collection and they do tend to be quick to file suits against people. You say you have 3 accounts totaling around $11K. I'd think doing a preemptive arbitration via JAMS might be a good option especially if you can find any violations by the collection agency or reporting issues. Once arb is elected they can't litigate so can avoid lawsuits and it can give you leverage in settlement talks. Who is the collection agency? Did they ever send you any letters of phone calls?
  6. Here is timeline of filings on the case. From what I understand a notice of appearance of council is a passive filing and would not count as active activity. The mediation filings are from the plaintiff because they wanted to attempt mediation during our first arbitration to see if they could come to a settlement. That failed so the arbitration continued to a hearing. The arbitration appeal was filed May of 2015 and after many many months was closed to non payment. Line Count Effective Entered Description Pages Image 1 -- 11/6/2013 11/6/2013 COVER SHEET 2 2 -- 11/6/2013 11/6/2013 COMPLAINT 29 3 -- 11/6/2013 11/6/2013 SUMMONS TO BE ISSUED 3 4 -- 11/6/2013 11/6/2013 CONTRACT AND INDEBTEDNESS 5 -- 11/6/2013 11/6/2013 CASE FEES PAID: $411.00 ON RECEIPT NUMBER 1969123 1 6 -- 11/6/2013 11/6/2013 SUMMONS ISSUED 3 7 -- 12/17/2013 12/17/2013 MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT 1 8 -- 1/7/2014 1/9/2014 ORDER (AGREED) ON DEFENDANT'S MOTION FOR EXTENSION TO ENLARGE TIME TO FILE RESPONSE 1 9 -- 1/8/2014 1/8/2014 MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND DISMISS OR IN THE ALTERNATIVE, TO STAY PROCEEDING PENDING ARBITRATION 16 10 -- 12/15/2014 12/16/2014 NOTICE OF MEDIATION CONFERENCE ON TUESDAY JANUARY 13TH 2015 @ 11:30 AM 3 11 -- 1/9/2015 1/11/2015 NOTICE OF MEDIATION ATTENDANCE AND CERTIFICATION OF AUTHORITY 2 12 -- 1/6/2016 1/7/2016 NOTICE OF APPEARANCE OF COUNSEL SCOTT E. MODLIN, ESQ APPEARS FOR PLTF AMERICAN EXPRESS CENTURION BANK, DESIGNATION OF EMAIL ADDRESS 1
  7. Wondering if I should go the route of MTD for lack of prosecution. There have been no active filings in over a year and the case wasn't officially stayed since my MTC arb was never ordered on. I would also include that the plaintiff failed to follow through with the arbitration which was closed for lack of payment including the JAMS notice as an exhibit. Then also include the card member agreement citing the clause that once arbitration elected the claims can no longer be litigated on. This case has been open since 11/2013
  8. Yep my agreement has that. It is my understanding that they are pretty much out of luck and this case would eventually be dismissed because of lack of prosecution if they don't file anything. I'd like to be preemptive and get it dismissed before then. May find a local NACA attorney that could help me form at solid MTD. Significance of Arbitration IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, YOU AND WE WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.
  9. The one catch with my case is the MTC was never actually ruled on and they willingly followed me into arbitration. Wouldn't be able to go for the sanctions for violating court order. Have been searching for good example of a motion to dismiss that I could use as a base but not finding any that involved arbitration.
  10. Below is from card member agreement. I rejected the JAMS optional appeal process for anew arb with the 3 arbitrator panel. They paid the case management fee and then received retainer bill for $25K. They balked that it was too high and JAMS lowered to $15K. They still did not pay it. The original arbitration hearing was back in February 2015. The arbitrator’s award shall be final and binding, except for any right of appeal provided by the FAA; however, either party shall have 30 days to appeal that decision by notifying the arbitration organization and any other parties in writing. The organization will then appoint a three-arbitrator panel which shall consider anew any aspect of the decision objected to by the appealing party. The panel shall issue its decision, by majority vote, within 120 days of the appealing party’s written notice
  11. Kraftykrab..good advice. I'm gonna work on this now. thank you.
  12. My case has officially been closed by JAMS for lack of payment. I'm thinking I'll just let the court case sit for a while and keep an eye on it. In the meantime will try and draft up some kind of motion to dismiss based on them delaying the contractual arbitration and case being closed.
  13. From my understanding once in arbitration no further litigation can occur on the lawsuit. The MTC arb is to force them into complying with arb clause of the contract. In my case they willfully followed me into arb and paid the initial case management fee for the appeal. Also they never filed an objection to that MTC. if they don't pay the retainer then JAMS case will close. They would of had there chance to continue arb but decided not too
  14. I'll keep the board updated on how it goes. I always planned on doing the appeal should the initial arbitration go all the way. The initial arb cost them close to $20K so you can imagine the cost to do the appeal with 3 arbitrators. I was mainly posting the question to see what procedure would be should case be closed in JAMS from the non payment. Looks like using that with a motion to dismiss should hopefully do the trick.
  15. Thanks...yes I'd wait until receipt from JAMS on closing the case.