FLnative

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FLnative last won the day on October 6 2018

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About FLnative

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  1. Just a note of caution here. I'm not in Louisiana but PRA followed me into arb for an amount that's at least equal to the amount they have to pay in arb. Makes no sense to me but just want to put that out there.
  2. One more question @fisthardcheese In your arbitration strategy link, you provide a sample Proposed Order where the judge can simply check "granted" or "denied" and sign it. For this motion I'm submitting, should I also include that? If so, how would I specify what he's granting/denying, since there's two options: (1) enforce the court order by making PRA arbitrate or (2) dismiss with prejudice? Or should I list 3 options: granted, denied, dismissed with prejudice?
  3. As always, thanks so much @fisthardcheese! I knew my original motion was a mess, lol. I found a lot of info/examples related to family law issues but I wasn't sure if/how they applied to a case like mine. Anyway, I just got the email from AAA that they're not moving forward due to PRA's non-payment. So another trip to the courthouse for me. Hoping this is the last one. Thank you!
  4. I'm sorry to hear this worked out this way for you, but I really appreciate you taking the time to tell your story. I agree, when it comes to certain forums, it can seem pretty one-sided, but you're right--it's not as easy to get a win against JDBs these days. My only shot IS arbitration; if I didn't have that option, I wouldn't try and fight unless there were some clear violations on the JDB side. As it is, I was able to settle a couple of my accounts before it got to the lawsuit stage, which is fortunate because arb wasn't as easy of an option for those. Glad you're in a better place, too! And going in front of a judge isn't easy when it's not something you do every day, like these attorneys. I still feel it's better that you show up and at least try and fight, unlike the majority of people who get sued.
  5. Hi all, I emailed the law firm with a settlement offer with deadline. They never responded. I'm pretty sure they also let the payment deadline with AAA pass, and I'm expecting to hear from AAA on Monday about this. I'm working on a MTD now and plan to file with the court as soon as I hear from AAA that PRA didn't pay their fees and they're no longer willing to arbitrate my case. INFO REDACTED BY OP
  6. @SkyStillSunny I thought the agreement said AAA was the only option? I'm wondering how you'll be able to pursue through JAMS. I can't believe PRA is still going around and around with you over this amount, either. Thanks for keeping us updated. I'm keeping my fingers crossed that things work out in your favor! (I'm also waiting to see what PRA is going to do in my case; currently, I'm waiting on a response to my settlement offer to drop their case/I drop my arb case because I know they're not going to pay the AAA fees.)
  7. Thanks so much, @fisthardcheese I was wondering whether I should do this or not. And yes, I just want this to go away, especially since I've only spent money on sending mail CMRR. I'm going to send an email out today. Should I mention anything about possible sanctions should they not accept my offer and the AAA deadline passes? I don't want to sound threatening, but I will go ahead with my original plans if they don't respond. Thank you!
  8. Thanks for your help, @BV80 and @BackFromTheDebt While I wait for this new deadline, I'll research these sanctions (I found a template for an MTD, so that looks easy enough). I'll post here once I have it drawn up for any feedback.
  9. The AAA letter states that if they decline to administer an arbitration (due to non-payment, for instance), either party may choose to submit its dispute to the appropriate court. That worries me that we'll end up back in the trial court. So I'm afraid to do nothing. The judge gave me 90 days to file arb, which I did. When AAA closes this case, I'm afraid to wait for the judge to dismiss because what if he doesn't and says we have to go to trial?
  10. Update: No surprise here, but PRA hasn't paid the arbitration deposit and other fees due yesterday, so AAA sent another email, giving them two more weeks; after that, AAA is going to close the case. AAA asked if I'd be willing to pay the outstanding amount in hopes of winning it back later. Since I can't afford it, I'm not going to do that. Is there something I can do at this point, since I know they're not going to pay? For instance, can I contact the law firm and ask for a mutual dismissal? Or file something with the court (either now or once this second deadline passes) showing that I did my part but the other side didn't, in hopes that the judge dismisses the case?
  11. This was something I wasn't clear about but based on the caselaw that BV80 cited, as well as hearing that some people had their MTC denied because a judge thought they were maybe being evasive or "clever" by not filing an answer and only a MTC, I filed an answer WITH arbitration raised as an affirmative defense, along with a MTC. Had no trouble. BUT, the plaintiff's attorneys I've dealt with so far in my case don't sound like they know what day it is half the time, so I think I've been fortunate.
  12. I don't know about email, but I've called their 800 number a couple of times and talked to someone helpful: 800-778-7879
  13. Thanks for the update! I recently posted in my own thread that AAA actually emailed me about the fees they're asking PRA to pay. Based on the letter that AAA sent you and another poster here, I was extremely worried I'd get the same. I'm really sorry to hear about this but I'm hoping the folks who've been around for a while and know the ropes much better than I do can help you find a solution that works for you. Honestly, I think a lot of this can come down to the judge you get sometimes. Seems like you got a hardass, unfortunately. Hope you can maybe file JAMS...
  14. Next update: Just received an email from AAA. I'm happy AAA is giving them a deadline, but also, the fees they're expecting from PRA are nearly the amount they're suing me for. Hoping PRA doesn't continue dragging this out.
  15. Can you keep us updated on what happens, especially if you follow fist's advice above? I'm now worried the same could happen to me because I just filed an AAA case against PRA. Wonder if I'll have to go the JAMS route...