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anebturia

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anebturia last won the day on December 5 2016

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  1. Newsflash: The attorney emailed me and said that, after (pretending to) talk to his client, he received news that the client (the JDB) has determined that it will not "proceed with abritration" and voluntarily dismiss the case. But JAMS already closed the case due to non-payment! Go figure. If anyone in Florida is going through stuff like this, please be informed that you WILL be lied to. It's a mind game. The clincher was my telling him that I was going to file a complaint with the Florida Bar. Apparently Bar complaints are something attorneys don't want to deal with. Now begins PART TWO: The Defendant Fights Back, by asking forsanctions by the court, by the judge, and by the Bar.
  2. Cheese, It's time to go on the offense: 1. I have filed a motion to dismiss/motion for sanctions. Sanctions in Florida are available for 1) unsubstantiated claims and 2) unnecessary delay. Florida law now allows for sanction motions to be brought up at any time. The damages available are quite expansive. The attorney refused to close the case, causing unnecessary delay. Right now the law is new and overly broad. I think the judge will just demand the JDB to pay my JAMS fees only. Regarding unnecessary delay: The attorney has kept the case open for no legit reason. Why? Because he said that while the Stay gave me the order to initiate JAMS, it gave the JDB no obligation to engage in JAMS at any time! I told him that the judge would never allow another pointless hearing to go on with this idiotic defense for keeping the case open. 2. I am going to file a complaint with the Florida Bar for abuse of the legal process. I'll look into Florida Bar punishments and see what kind of precedents they have set. With the BAR complaint I think the key is to frame the complaint carefully, and with an eye on Bar guidelines. No matter what, I assume a BAR complaint is not something he'll want to have over his shoulder.
  3. If you have a case in Florida, the moment you litigate you forfeit your right to request your case to go to JAMS arbitration. 1. This regarding a credit card debt totalling $20k or so. Citibank issued it. 2. A junk debt buyer, PYOD LLC, had its attorney file a suit three months or so before the statute of limitations expired. Suit was filed August of 2015. 3. I came here and read alot. You will know here that, in the state of Florida, answering interrogatories would make you forfeit your right to private arbitration. 4. I had two options: litigate or ask the judge to have case moved to privrate arbitration via JAMS. I requested JAMS and made an appointment for hearing on motion to compel private arbitration. The attorney meanwhile sent me interrogatories. I answered each with a statement that the case is awaiting a judge's order to move case to private arbitration and presevered the right in the future to answer them. I didn't fall into his trap. 5. The judge granted the motion to comel private arbitration. The stipulations were written by the attorney and signed by the judge. It said I had 45 days from the order date to file and PAY the JAMS fee. I send the demand form first. I sent payment four days before the 45-day time limit expired. The envelope was returned with "unable to forward." Ouch. However, the address was correct. I sent payment in a new envelope (and kept the old one) after the 45-day period. 6. The attorney tried to dismiss the case on a technicality that I had not paid on time. Therefore he filed a motion for default stating I did not keep the agreement. 7. At the motion to dismiss hearing, the judge was satisfied that I already had a case number and caseworker assigned. Always keep your paperwork. She wasn't too interested in time of payment. She said that JAMS has its own invoicing system and that I had made a good faith effort to pay. I showed her the envelope and two proofs that the address was correct. Although they were not needed, they added strength to my argument. Motion for default denied. 8. JAMS sent a final invoice to attorney for payment. He declined. The JAMS case is closed. 9. The court case is still not closed. However, I can ask the judge to close it as the attorney is obviously very ticked that I won because of shellieh98. The statute of limitations expired. Thank you Shellie. I didn't need an attorney. I needed an angel.
  4. I called the attorney. This guy was purely manipulative. All he wanted was two things: 1. That I paid my fees on time, and 2. that I filed the Demand on time. I told him yes to both. Then he proceeded to try to get me to negotiate a settlement. I said no, that I preferred the arbitrator to make the decisions as to the case. Then the attorney asked me if I am disputing the amount. I said I want the arbitrator to decide all issues. Then he asked me if I wanted him to delay the case three months so he can do some research as to whether or not I owed the debt. Again I said no. I finally told him, "You are talking to me like a lawyer. I don't feel comfortable. Just please remove the Motion for Default because the JAMS case was already open and had been so since June 10, 2016." Then told me his client would have to pay $1200, and that we can discuss the issue now and get both sides to agree. I refused and restated that I wanted the arbitrator to make all the decisions. Again I requested that he withdraw the Motion for Default. I also told him I had filed paperwork to oppose any default. Then he tried another route: What exactly are you wanting the arbitrator to decide? I told him the arbitrator will get a formal demand and we can take it from there. I knew he was trying to trap me. Finally I repeated my request to remove the Motion for Default. I also told him that if the JDB wants to pay the $1200 and proceed that let it be. Folks, remember: If a JDB lawyer tried to talk you into saying things, he is testing you. Stick to your guns: The arbitrator will decide. Time to take a shower.
  5. Do I file a Memorandum of Opposition? That's what it's called in Florida. Maybe there's another type of filing for this?
  6. This is about a credit card debt. Long story short: The judge approved JAMS arbitration. I had 45 days from May 5, 2016 to initiate arb. I went ahead and turned in paperwork and fees. On June 15, 2016, JAMS sent letter to JDB attorney asking for $1200 filing fee. I got a copy. Nothing has happened since I just checked the court web site today. Yesterday the attorney filed a Motion for Default with the court. The JAMS case is open. The attorney said I had not complied and thus wanted a quick judgment. What should I do to respond to the Motion? This is in Florida. Thanks, folks. Update: I just read all the paperwork sent from JAMS both attorney and me. I got the letters, but the attorney's city was wrongly listed THREE times by JAMS. He didn't get any of the paperwork. I just emailed my JAMS caseworker and asked that she deals with this matter as it is beyond my control. I told her the case was opened June 10. What shopuld I do now?
  7. "Each side should get an invoice in the mail showing how much is due by each party, along with what's been paid." "You should have received contact detail for the JAMS rep who will be handling administration of the case....... " CCRP, thanks. I didn't get an invoice, nor did I get a name of the JAMS rep. Shoud I just wait now for JAMS to send something (whatever it is they're supposed to send), or should I send in the formal complaint with the $250 to make sure the court knows I'm "moving" with this.
  8. Thank you to all who responded. I just received a letter from JAMS, standard boilerplate, that " JAMS has determined that JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute clauses Minumum Standards of Procedural Fairness applies." Then they sent a copy of consumer rules, such as I can pick my hometown, my fees are capped at $250, etc. What happens next? I asked that the JDB pay my fees upfront, but JAMS didn't send a bill or mention payment. What is going to happen next?
  9. My motion to compel arb was granted by judge. I have all the paperwork together, except the cover letter. Here are my questions: 1. What do I send the attorney? Do I just send the Demand for Arb or do I send him the cover letter also? 2. Regarding service: Do I send the green card to JAMS, or will a copy of it suffice? 3. Do I still need to send a certificate of service with the green card? I can't find a sample. 4. The crdit card agreement says;" However, we will advance or reimburse your fees if the arbitration firm determines there is good reason for requiring us to do so." I put on my cover letter a request for the attorney to advance fess due to my currently being unemployed. Is this okay for now, that is, to ask JAMS to make such a decision? This is a credit card debt. The attorney represents a JDB. Thank to everyone.
  10. I was granted initiation of JAMS. Attorney communicated via telephonic hearing. He told the judge that my fees to intiate would be $1050. I told the judge I thought it would be $250 max for the consumer. Then the judge..she got catty. She told me that the attorney called JAMS and that he therefore knew the fee. So, it was $1050 and that was gospel truth because he was an attorney. I was confused. Does anyone know if it is $1050 indeed?
  11. Thanks. The JDB never sent any formal opposition to the MTC. I can't find anywhere in the FL Rules whether attorney is required to respond to MTC formally (?) before the hearing. The request for date of hearing was given by court back in December. Since then, JDB attorney has done nothing officially. This is not small claims.
  12. Tomorrow morning I have a Motion hearing to compel private arbitration for a $20,000 credit card I stopped paying off in 2011 due to medical reasons. It was for an AT&T Universal Card. The JDB is PYOD, LLC. This is in Florida. I have not participated in discovery even though the attorney tried to trap me. I have a few questions: 1. What are the chances he will drive 280 miles one way to attend the hearing? 2. What are the possible ways he could try to trap me outside of the "sign this" before hearing begins (which I won't do). 3. Is there anything I should know in advance? This is not in small claims. Thank folks.
  13. Update: I'm ready to send the response to request for Interrogatories. it is due in three days. Do I need to send to the court the entire set of questions, or just the notice that I have answered the questions? Also, do I have to have the answers notarized using the form below? State of Florida County of Pasco BEFORE ME, the undersigned authority, personally appeared Mr. Dude, having produced ________________________ as identification, and upon first being duly sworn, desposes and says that the Answers to Interrogatories herein are true ansd correct to the best of her knowledge and belief. SWORN TO AND SUBSCRIBED before me this _______ day of December, 2015. ____________________________ NOTARY PUBLIC My Commission Expires:
  14. Just a heads up on folks wanting to file. Most forms are changing, including the voluntary petition, effective December 1. 2015. "Most Official Bankruptcy Forms will be replaced with substantially revised, reformatted and renumbered versions effective December 1, 2015." http://www.uscourts.gov/rules-policies/pending-rules-amendments/pending-changes-bankruptcy-forms
  15. Thanks Shellie, for your answer. The case is not small claims. Excuse the nitpicking, but is this a good objection for each question? Objection. Defendant has filed a motion to compel private contractual arbitration via JAMS per the credit card agreement governing the alleged account. Defendant reserves the right to respond after hearing on Motion to Compel Arbitration. In addition, Plaintiff has violated Rule 1.340.(a) of the Florida Rule of Civil Procedures, which states that "The interrogatories shall not exceed 30, including all subparts, unless the court permits a larger number on motion and notice and for good cause." The mentioning of JAMS is just a reminder. In this forum some posters have mentioned sleazy tactics by attorneys to try to choose an forum alternative to JAMS.
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