LaneBlane

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LaneBlane last won the day on April 20 2019

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About LaneBlane

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  1. With help I've received from this site in the past, I filed an consumer arbitration case against a business that involves product liability and breach of contract that resulted in an injury. (The case doesn't involve credit or debt.) My claim is for more than $75k. The business' side has paid $4,200 in arbitration fees/costs so far. Right now I'm waiting for the AAA to contact the parties to schedule a preliminary management hearing conference call. I understand this is when the parties will discuss the future conduct of the case, clarification of issues and claims, hearing scheduling, and all other preliminary issues. I'm assuming this would include some discussion on the exchange of information. I'd be grateful for feedback and advise as the process moves forward. My goal is to reach a settlement before a hearing is necessary. If this doesn't happen, I have no problem making my case in front of the Arbitrator. Right now I'd appreciate some information that will help me prepare for the preliminary management hearing and know what to expect during this call. @fisthardcheese @Goody_Ouchless
  2. Here are the Respondent's fees in my case: Filing Fee: $300 Arbitrator's Compensation Deposit: $2,500 Case Management Fee: $1,400 Total: $4,200 I don't believe you're entitled to an accounting of the other side's costs, fees, and payments. The AAA should be able to confirm whether or not a particular cost/fee has been paid by the other side. Don't expect a detailed accounting. They offered to settle for $4,800, the amount they believe the arbitration process will cost them to get started. I don't understand why you would file a new complaint about this.
  3. In my case, once the other side pays their $1,400 case management fee, I believe they'll be at the $4,500 mark. You're at a crossroad where you need to decide if you'd like to file for BK. I'd recommend re-reading through the comments that have been left for you. There are some arguments for and against BK. A good BK attorney can help you make this decision based on your set of circumstances.
  4. Have you received confirmation from the Pro Se Administrator that the other party has paid their case management fee? If so, the previous fees/costs owed by the JDB have been paid. Once the case management fee is paid, a preliminary hearing (by phone) will be scheduled.
  5. I'd also communicate to them that you and your husband have lost your jobs as a result of COVID-19 and will likely need to file BK. This may make them cave before they're forced to pay any additional arbitration costs. If they were originally seeking about $6,800, they've already spent more than 60% of this following you into arbitration with no guarantee of getting an award. If they know any award would go *poof* in BK, they may just give up.
  6. The letters the AAA has generated will tell you what they've been required to pay so far. As long as they've paid their $1,400 case management fee, they should be in this for $4,200. How much did they originally sue you for? If their counter offer is $4,200, the same as what they offered in the hall outside court, it obviously hasn't improved. Their arbitration costs and fees will only go up. This should be an incentive for them to settle. Is there an amount you're currently able to offer in hopes to reach a mutual dismissal with prejudice?
  7. This case doesn't involve credit or debt. I filed a consumer arbitration case against a business for breach of contract. The business had until last week to submit a response to my demand. I wasn't expecting them to submit anything because it isn't required. (In lieu of a response, the AAA would assume they didn't agree with my claims.) Just before close of business on the date a response was due, the business' attorney submitted a response that included some general and stated no negligence or wrongdoing took place. They went further, though. They provided pages of detailed information about the business' process that I'd spent hours and hours piecing together from a variety of sources. The business' attorney typed everything up and handed it over. Here's my question. On my Demand for Arbitration form I was only required to provide a brief explanation of my claim. Now that the business has submitted a response, at what point can I submit a formal, more detailed complaint to the AAA? I've reviewed the AAA's consumer rules and don't see a process for this. Many thanks!
  8. As we've seen in the past, it doesn't take much for a protest to go sideways. Like you, I hope they'll get tired of horn honking and just go home.
  9. According to the CDC, I fit in the higher risk category because of an underlying medical condition. This doesn't scare me, though. We don't have any reported cases close to us. Still, I'm careful about washing my hands and using disinfectant wipes and hand sanitizer. We're not too far from Sioux Falls, SD, so the fact that the largest COVID-19 cluster in the country is located there makes me a little nervous. My retail shop has been ordered closed, so I spend practically all my time at home. I'm longing to return to some semblance of normal. My days and nights are blending together, and I rarely know what day and time it is. We're learning to live lean, a lesson my husband and I can carry on when we're through all of this. Has anyone else seen the video interview a certain politician from California gave? During a time when so many people, families, and small businesses are facing extreme financial hardship, she sat in her kitchen in front of two Sub-Zero refrigerators that retail for more than $24,000 and bragged about her freezer drawer filled with pints of ice cream that sell for $13 each. I'm wondering if the peasants will storm her compound like the French stormed the Bastille. I hope everyone here remains healthy and safe.
  10. You're roughly 1.5 months ahead of me in the process. My case is at the stage where an arbitrator is selected. I'm not sure if this will be delayed as a result of the COVID-19 situation we're in. Has an arbitrator been selected in your case? If the court granted your MTC, the question of whether small claims has jurisdiction has already been answered. One piece of advise I can give you is to print a copy of the AAA's consumer rules and place them in a three-ring binder. This will give you an easy reference to them that you can highlight and write notes on. You should know the steps involved in the process and when your deadlines are.
  11. Here's AAA's COVID-19 statement regarding hearings: "While the AAA-ICDR remains active and operational, no hearings will take place in AAA-ICDR hearing facilities until at least June 1, 2020. In cities where governmental authorities have shut down activities, our physical offices will be closed immediately. Our case management staff will contact parties and arbitrators to discuss alternative arrangements, including the use of video, teleconferencing or postponements." I have an active arbitration case with AAA that's about to enter the stage where an arbitrator is selected. I'm curious if the selection process will be delayed. I expect it will take months for the AAA to clear their backlog when hearings resume on or after June 1, 2020. My arbitration case doesn't involve credit/debt. I filed a consumer case against a business for damages. One way the COVID-19 situation may have benefited me is by taking the attorney out of his office, isolating him from his administrative support staff, and making it more difficult for him to consult with contacts at the business. (Working from home can also have its distractions.) A response to my Demand for Arbitration was due last week. I never expected the business to submit a written response because it's not required. (In lieu of a response, the AAA would assume they don't agree with my claims.) The response I received was filled with admissions concerning their business process that I'd actually been combing the company's website and the internet for. I don't want to assume this was a mistake. It sure was helpful to my case, though.
  12. I have a case pending with AAA, too. It sounds like you may be a month or two ahead of me on AAA's schedule. The letter from my Pro Se Administrator is dated March 26. What about yours? The respondent in my case just paid another $300 and won't be assessed the $1,400 case management fee until an arbitrator is selected or 60-days have passed, whichever comes first. Once they pay the $1,400, their grand total so far will be $4,500. Have you registered for an account on AAA's website yet? This will give you access to all the documents filed in your case, as well as tasks that are due. Just visit adr.org and click "My Account" at the top of the page. You may need to call customer service to have them link the account with your case. Here's the complete paragraph from my letter: "We draw your attention to R-9 of the Consumer Arbitration Rules. If a party’s claim is within the jurisdiction of a small claims court, either party may choose to exercise the small claims option. If either party would like this matter decided by a small claims court, please send your written request to the case administrator and copy all other parties. If the parties disagree over whether the claim is within the jurisdiction of a small claims court, the case will proceed in arbitration and the arbitrator may make a final determination on whether the claim may proceed to small claims court." Here's R-9 in its entirety: R-9 . Small Claims Option for the Parties If a party’s claim is within the jurisdiction of a small claims court, either party may choose to take the claim to that court instead of arbitration as follows: (a) The parties may take their claims to small claims court without first filing with the AAA. (b) After a case is filed with the AAA, but before the arbitrator is formally appointed to the case by the AAA, a party can send a written notice to the opposing party and the AAA that it wants the case decided by a small claims court . After receiving this notice, the AAA will administratively close the case. (c) After the arbitrator is appointed, if a party wants to take the case to small claims court and notifies the opposing party and the AAA, it is up to the arbitrator to determine if the case should be decided in arbitration or if the arbitration case should be closed and the dispute decided in small claims court . Some arbitration agreements only give the consumer the option to file in small claims court. If this is how your arbitration agreement reads, I'm not sure if the terms of the agreement will override rule R-9 which says either party may choose small claims. Perhaps someone else can answer this.
  13. I've heard reports about this, too. Debt collectors with judgments are waiting for $1,200 stimulus deposits to hit accounts so they can swoop in and garnish the funds. Also, if a stimulus payment is deposited into an account with a negative balance, the bank or credit union can apply these funds to the arrears.
  14. I agree we're going to be OK, Harry. I just don't know how long it's going to take us to reach that point. I own a brick-and-mortar store that has been ordered closed since last month. Nobody is spending money in my shop. For nearly 20 years my main business has been selling my own line of products online. This is usually my second-biggest season of the year. I'm lucky if I see $150 in sales in a week, a 95% decline. (I'm grateful for every dollar.) The only shops open in my town are the grocery stores and gas station convenient stores Restaurants are struggling to do business by preparing everything for take-out. If things in your neck of the woods seem more normal, consider yourself fortunate.
  15. We have a car payment and a mortgage through our credit union. They deferred our car payment for two months and offered a mortgage assistance loan that covered up to 6 months of payments with a repayment term of 60-months. Because the interest rate was so low, we took the max of six months. So far we've been able to hold our own. I'm self-employed and have a small trickle of business coming in. My husband is also getting some hours in at his work. We've received emails from several credit card companies with information on assistance that's available. Then there was an email from CreditOne. (I've been meaning to cancel this card for a while because of the high fees.) CreditOne is offering a $200 credit limit increase in exchange for a $14.95 fee. I couldn't help but believe they were preying upon people who were desperate for credit to purchase groceries and other necessities for their family. Talk about opportunists I hope everyone is well and not being too hard by the COVID-19 situation.