BackFromTheDebt

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BackFromTheDebt last won the day on June 8

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  1. That is your choice. I tend to let sleeping dogs lie. My inclination would be to wait a little while to see how the new law firm intends to play this. If you had known, the best time to file would have been a few weeks ago. In a few weeks you have the argument that the new attorney could have answered in JAMS but failed to do so. I, personally, would wait until JAMS closed the case.
  2. I never filed one. Others may have suggestions. Since the case was never closed, I don’t know if you should file the MTD right now. There is a chance you will awaken the new attorney and they will contact JAMS as soon as you file a motion. A lot of it depends on whether they have noticed JAMS as to whether they are the née attorney or not. It is possible that JAMS will continue to try to get the old attorney to pay, and the old attorney will just do nothing. It is a risk, but I would be inclined to lie low for a while and see what happens.
  3. It is not too late to file a Motion for Dismissal with Prejudice. What that letter means is the Plaintiff has a new attorney. That might be bad for you, because the old attorney likely would not have contested a dismissal with prejudice. The new attorney might. File the same motion, and copy the new attorney. Your argument that they disobeyed the court order by not responding to your arbitration case still stands. The new attorney might get the fees paid right away and object to your motion. Or maybe not. Has the case been forma
  4. AmEx will take arbitration to the bitter end unless you can come up with some good reason for them not to. In SOME situations going into JAMS will convince an OC to settle for more favorable terms for the debtor, but only when the debtor has shown a willingness and ability to take the case to the bitter end. Filing an MTC wouldn’t hurt and might possibly help a little bit. Your goal is to settle on favorable terms for you. AmEx will almost never walk away with nothing. Here are some of the windows for settlement: Between the time you file your ans
  5. Please edit this to take out the case number. It appears the ADR mentioned is a court sponsored mediation. The gist of it is this: AmEx almost always wins. They always have the evidence and if you take them into JAMS they will fight to the bitter end. I say almost always because I am the only one I know of who beat AmEx, but that was an extremely rare case and can’t be extrapolated. Even so I had to fight like heck. Unless this was identity theft you will lose. You need to arrange a settlement. The point of mediation is to arrange a settlement.
  6. The bar for debt validation is extremely low, and it appears from what you write that they failed to clear this bar. I don’t know about the FCRA very much. I do know that under the FDCPA they cannot continue to collect the debt if and only if you sent your letter within 30 days of their first letter to you. I will leave it to others to advise you about the FCRA
  7. That depends on if the state the debtor is in has a borrowing statute for foreign SOLs.
  8. Is there an arbitration provision in the card agreement?
  9. There are very few lawyers on this forum, and none can give you legal advice over the forum. You are getting close to the deadline. You need to act quickly. If you believe this account is not yours, you need to contact your local police department and file an identity theft complaint. Get a copy of the complaint ASAP Before the deadline for a reply, send in an answer to the court and the attorney that you are the victim of identity theft. If you have a copy of the police report send in a copy. If not, note that you have reported it to the police an
  10. If H&H filed the law suit, which is very likely, that is worse for your negotiating position. As in, Citi may be happy to throw them under the bus while they go after you with a different firm. This could work to your advantage. Depending on state laws you may have an additional charge against Citi as well. Also, back when I was in arbitration against Citi, the arbitration provision stated I could file against their attorneys as well. That can muddy the waters a bit with an amended complaint. Depending on the state laws, etc this could change from a frivolous case i
  11. Fantastic. Your situation just got less bad. I don’t know how much less bad, but less bad. If I were you, I would go down to the courthouse ASAP, tomorrow would be best, look up the case and make a copy of the complaint they filed. The biggest question I have is— is the firm which filed suit the same as the firm representing Citi in arbitration? It appears the Citi arbitration agreement has changed some over the years. When I went against them, I was able to file in JAMS. Better for me than AAA. Also, I was extremely fortunate that the law firm rep
  12. Quick question, and this is extremely important. What happened first, you filing in JAMS or them filing suit against you? If you filed first, how long between the time they received the papers and when they filed the court case?
  13. I think that’s good enough, but I don’t know what venues are in the contract. I always left out the venue name. The point is to make sure you want arbitration. I have no idea how they will react or even if they will react.
  14. The timing of this is interesting. It appears they filed the suit before they validated the debt If you contacted them to validate the debt before they filed suit, they could be facing an FDCPA violation. When you request debt validation in writing they have to stop collecting until they validate. Also, if you really don’t believe the account is yours, that gives you a very different strategy. Please give us more information
  15. I wouldn’t file in JAMS right now. Just send a letter. See if there is a response.