williams4

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Posts posted by williams4


  1. On 7/22/2019 at 10:27 AM, Beachykeen said:

     

    I do not have an employer ~ rather, I do have an Etsy shop and a business account in my name.

     

    I have an eBay account and I have been getting crazy amount of weird things going on with it. I have now shut it down. I have one order left to ship so I have their phone number and email address. I emailed them but checking to see if I should call or what I should do. I still can’t figure out if this is just one big joke on me or if I should reach out and see if this person can help me. What are your thoughts?


  2. @LaneBlane. I have the letters opening and closing the the court compelled cases that matches up with the dates the motion to compel was granted. Do I need anymore specific things like objecting to not properly filing a motion to amend the cases or anything?  I am still so confused and distorted. So is everyone on here still trying to help me? Or some still trying to hurt me?


  3. 12 hours ago, LaneBlane said:

    The OP needs to make sure they don't muddy the waters with a lot of unnecessary details.  If this is a straight-forward clerical error, the error should be explained as simply as possible.  A copy of AAA's notice showing the 22K account was closed should be provided as an exhibit.

    In court for my Opposition for MTD sanctions, I clearly laid out everything and ended with now we have a letter that clearly shows which case was which, she was lying and in the end part explaining now the arbitrator decided to make a decision in her favor of 22K even though he said he was only had authority for one and now I am trying to figure out how to clean up this mess she left in arbitration.  I don't know if my Motion for Order on all pending matters due to the severity of issues at hand means the court will look at it and make a decision on the MFS and MTD MFS?  Or if we all have to be gathered to have an in person hearing first.

    Edit: I see now.


  4. On 9/4/2018 at 9:05 PM, LaneBlane said:

    I recently had a discussion with an attorney about filing a consumer case with AAA that doesn't involve finance/debt.  I told him I was under the impression an AAA arbitrator couldn't award the other party attorneys' fees and costs if I lost.  He quickly corrected me.

    AAA's Consumer Arbitration Rules, R-44(a) say "The arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorney's fees and costs, in accordance with the law(s) that applies to the case."  In addition, pursuant to R-44(c) "The arbitrator may also allocate compensation, expenses and defined in sections (v) and (vii) of the Costs of Arbitration section, and administrative fees (which include Filing and Hearing Fees) to any party under the arbitrator's determination that the party's claim or counterclaim was filed for purposes of harassment or is patently frivolous."

    As we've seen in other cases that have popped up on this board, OCs and JDBs have attempted to recoup fees based on their assertion that a consumer's claim was frivolous.

    An arbitration agreement itself could specify whether or not an arbitrator has the authority to award fees and costs.

    Link to AAA Consumer Arbitration Rules:  https://www.adr.org/sites/default/files/Consumer Rules.pdf

    So with an appeal/redo, would you wait until you get the motion to dismiss first or send the letter with AAA closing the case? I "should" be getting my MTD sooner rather than later if I picked up on what the court was throwing at me early on.  I guess I really don't know if appeal or redo would be better in this situation, if I hear back from court sooner rather than later.


  5. 3 minutes ago, LaneBlane said:

    Am I correct in saying the $22k account was closed for non-payment before the arbitrator's ruling?   If so, do you have a copy of a letter from AAA that states this?

    Yes, I am assuming I need to send that to the case manager as well.  I will get that together and send it.  Probably with a clearer more precise Motion for Appeal obviously.  Thanks!


  6. 17 hours ago, LaneBlane said:

    The question I'm left with was whether or not the OP filed a timely objection (or motion) that made a clear and compelling argument that the two cases were wrongly being co-mingled.  This would include citing specific text that made the problem evident.

    If the OP failed to take steps to represent themselves adequately, it leads me to wonder if they're asking for an appeal or a do-over.

    I am not sure how exactly how the appeal process works in arbitration.  Do I need to like type something up? I am so confused.  This could by why I haven't heard anything back on my clerical, and everything error.  I don't know.  I sent another email to the case manager since Unifund didn't reply to my answer about a surreply.  Which why would she? Anyway, I just said:

     

    I assumed this was just a clerical error, but now after her not answering if she filed a surreply, I am pretty certain she may have.  AAA rules say both parties must agree to an appeal.  The other party is clearly not agreeing to it.  Our credit card agreement states "any award by an arbitrator is final unless a party appeals in writing to the AAA within 30 days of award. The arbitration appeal shall be determined by a panel of 3 arbitrators"

    The evidence I provided clearly shows that case#01-19-0000-7411 was the court ordered case and she intentionally did not pay this because she thought she could add it to case#01-19-0000-1521 to make my case appear frivolous.  I would like to file a motion to appeal.
     
    I just don't really know how "formal" all this is supposed to be since this entire case has been so informal and messy. 

  7. On 7/21/2019 at 10:38 AM, fisthardcheese said:

    I don't know why you would include Unifund on an email to AAA where you are telling AAA they made fatal errors in the case.

     

    I think this is where I messed up. Since she was attached too, and then she responded she refuses an appeal, what should I do now? I don’t even know if the arbitrator will ever even see this. Should I just submit an appeal or wait to hear something?


  8. 7 hours ago, fisthardcheese said:

    But also keep in mind, this was without a single opposition from the OP.  Therefore, it would take any judge, arbitrator or mediator only seconds to find in favor of the Plaintiff on ANY case that is before them unopposed.

    I wonder what the judge will do at my hearing.  It's a hearing for her MTD my Sanctions.  Which I opposed.  Now we are left with my sanctions.  But now she has an arbitrators award for that amount. Gosh she made a mess!


  9. 15 hours ago, LaneBlane said:

    The question I'm left with was whether or not the OP filed a timely objection (or motion) that made a clear and compelling argument that the two cases were wrongly being co-mingled.  This would include citing specific text that made the problem evident.

    If the OP failed to take steps to represent themselves adequately, it leads me to wonder if they're asking for an appeal or a do-over.

    I did file a timely objection.  Since she didn't send me her "counterclaim" and case manager finally had to step in and send them because she wouldn't, they gave me 14 days to object. Which I did. But of course she continued to play dumb. Which added even more confusion.  Ugh.  She made such a mess of this.  I don't even know what to do. 


  10. 3 hours ago, Goody_Ouchless said:

    Per OP, plaintiff responded to motion for sanctions by claiming that OP was the one that had the cases mixed up. That's when there should have been a hearing in AAA - when there was documented evidence of each side's position on this matter. At that point I could agree with Fist that, if this was a scare tactic on the part of Unifund, and lawyer had to go to her boss and explain that they accidentally spent 3K on the wrong case, that someone may have decided to pull the plug and go back to the old policy of walking away from arbitration. Now, they know they have a winning case, so another 3K is still a big win.

    Yes, this is when the court set the hearing.  Friday was when my opposition was due.  Which I got it in, barely.  But one look at this VERY strong opposition, there is no way in heck this lawyer can argue their way out of it.  Is there anything I can do before the August 12? So pretty much we get there, she has $22K award with a description from the arbitrator that will make it VERY clear she was confusing him.  And I will have VERY clear evidence that she did this INTENTIONALLY since she PURPOSELY didn't serve me the "so called counterclaim" and continued to confuse everyone.  So now I am stuck with having to higher a lawyer to get these "personal damages" back? Ugh. I am just so confused on what I should do. 


  11. 18 hours ago, Goody_Ouchless said:

    I can understand the frustration, when something is so obviously wrong, yet no one else seems to notice. One thing I find odd is that OP emphasizes that arbitrator ruled on both AAA Cases, even though one was closed - rather than ruling on two CC accounts under a single AAA Case. Question is if AAA can consider a closed, yet related, case (same parties, same type of dispute) - for example, there was time left on the clock, all of the evidence was before the arbitrator and it was a simple finding. I can see that, in this case in particular, because it must have been obvious to all that the respondent mistakenly paid the wrong bill. Clearly it was always the intent of the respondent to arbitrate the 22K court case.

    Chalk it up to arbitration being a more informal forum, for example.

    But the thing is, the lawyer KNEW what she was doing! She did this on purpose from the beginning!


  12. @fisthardcheese

    Deleted my big long post and adding where I think I am at in the case.  I clearly have the stuff in court showing court case going into arbitration and AAA closing.  Now I also have $22K award against me which you had mentioned before about taking to federal court to recover personal damages.  The rules about the arbitrator correcting clerical, typographical and mathematical error says I would file a motion to amend, she has time to respond then it gets sent to the arbitrator.  So should I just file a motion to amend, asking her if she is willing to have the arbitrator reverse the $22K award from in favor of Respondent to in favor of Claimant to save time and the extra costs she would incur if I have to get a lawyer and file suit in federal court to recover these personal damages?