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LaneBlane last won the day on April 20 2019

LaneBlane had the most liked content!

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About LaneBlane

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  1. Congrats! Hopefully you'll never hear from them again.
  2. Thank you for recommending this. I'll reach out to AAA to ask them this question. $450 would be a small price to freeze the SOL. I just searched for an example of a petition to compel arbitration. The first one I found was Roger Ailes v. Gretchen Carlson involving Fox News at: . I'll look for more examples that involve subjects closer to mine. Thanks again for your help, @fisthardcheese.
  3. The small claims cap is a small percentage of what I'm seeking. The attorney for the company said they would agree to arbitrate. Because my SOL is less than two months away, I can't trust that they will. Instead of filing a complaint in court to freeze the SOL, an option you've brought up is to file a petition in Federal court (9 US Code 4) for an order to compel arbitration. The company has the ability to comply with AAA's requirements. AAA still has final say as to whether or not they'll administer arbitration cases for them in the future.
  4. I did object to the attorney filing a notice to appear. A few weeks later I received a letter from AAA stating they would not administer my case or any other consumer case filed against the company because the company hadn't complied with AAA's policies. (It's worth noting that the company has had a couple class action suits filed against them and they filed an MTCA in each to try to get the cases out of court.) The attorney made an extremely low settlement offer and I countered last week. (I'm still awaiting a response.) If we're not able to settle within the next few weels, I'll have to start preparing a complaint to file in court because I have an SOL coming up in March. I'd prefer to handle this in arbitration because I'd be protected by a $200 cost/fee cap. I also believe arbitration would be easier for me to navigate as a pro se. If I need to file in court to freeze the SOL, and they filed an MTCA, I could always agree to arbitration if they paid my filing fee. That would freeze the SOL and get this back to arbitration. Reminder: This case doesn't involve credit/debt.
  5. This is excellent advice. If you haven't started a file to keep things organized, now is a good time to do that. Good luck!
  6. I would recommend continuing to post on your existing thread so everyone can follow what's transpired so far.
  7. The statute of limitations for the collection of debts in Texas is four years. If the default occurred in 2014, your comfortably past this. Credit items can remain on your credit report for a period of seven years.
  8. Here's an update: AAA administratively closed my case and declined to arbitrate my dispute because the business failed to submit their arbitration clause for review and pay their portion of the fees costs. My $200 consumer filing fee was also refunded. Again, this doesn't involve credit/debt. It's an arbitration case I filed against a business. Today I received an email from AAA stating the attorney (hired by the business' insurance company) filed a notice to appear. The attorney's office didn't copy me on the email, so I haven't seen the notice. Can AAA re-open a case that's already been administratively closed?
  9. Congratulations! Now you just need to file and serve your arbitration demand. Keep us updated.
  10. The consumer rules are the only rules that would have applied. Because these weren't specified in the arbitration clause, AAA required the parties to sign a letter authorizing AAA to administer arbitration using these rules. I signed and returned the letter. The business never did.
  11. Under which other version would your dispute fall? AAA determined my dispute would fall under the consumer rules, so that was enough to take came of the grey area.
  12. On what grounds would you file a motion to dismiss? All of this just happened. Once you're served with additional documents you can determine what action, if any, needs to be taken.
  13. "We will not require you to arbitrate" There's nothing in this text that prevents you from arbitrating. Good luck on Tuesday!
  14. Are you able to check the docket for your case online to see if there's been any activity since your MTC was filed? Did your MTC include the required Certificate of Service?