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Everything posted by williams4

  1. So in my brief I am writing up, would this be equivalent to a complaint filed in the court system or equivalent to pre-hearing brief in court? This is what's throwing me off right now. I am trying to figure out if I need to include case law, stating laws and stuff now? Or right now is it just stating my claims, including my proof (phone logs), and what relief I am asking?
  2. Never mind, the response from AAA when I submitted my motion on 4/18 said "This will confirm receipt of your email and motion. I have forwarded it to the arbitrator." So I will just sit and wait for his answer and plan on including it and if he says no just take it out before I submit my brief.
  3. I did not. I will forward the email to him now. Thank you!
  4. I think my question got lost in the numerous posts. When I file this motion, does the arbitrator even see this yet? Or does Respondent have 14 days to respond first before the motion is presented to the arbitrator to decide? If so, I filed 4/18 (that would give her until 5/2 to respond) My brief is due 4/29 and her response is due 5/6. Should I just include it in my brief in case the arbitrator says yes on May 2?
  5. @fisthardcheese It JUST clicked. I see what you are saying now. (it takes me a while, obviously) Let me make sure I REALLY know what your are saying. I file my brief on JUST MY claims against her, she responds. So when she responds and she DOES figure it out and her brief has it laid out all organized and put together (responding to MY claims then asserts the 22K) I object. THEN file sanctions for her first Answer/Counterclaim (not being properly served, intention of conflation of cases....) Or do I still not have it right? Once I get the letter from AAA closing the case due to non payment (For the 22K in court) I can go to the court and get that case dismissed, regardless of whether she still "thinks" the one in arbitration is the 22K?
  6. Deleted my long response once it made sense to me that my objections to her counterclaim didn't matter, since no answer=do not agree.
  7. So what would you do in this situation. If she has a $1400 bill coming, this credit card account is $3k. She has already dumped $3050 into this.
  8. She should be getting a $1400 case management fee here soon. A letter back in February said it will be assessed once arbitrator has been appointed.
  9. @fisthardcheese To add to the above, the benefit I see getting the 22K thrown out of the 3K NOW and not LATER is the 22K will be closed with AAA and I will have a letter showing the court, she will KNOW the 22K is not in the case we are in right now and I can get the case dismissed in court. (I guess even is she is still confused, I am not sure What evidence she would to prove the case isn’t closed) If I leave it in there and it takes a turn and they let her keep it in there, then I have to continue dealing with update conferences and stuff in the court system.
  10. Deleted my long post once it made sense to me that my objections to her counterclaim didn't matter, since no answer=do not agee
  11. To clear up where I am in this case 1/15/19 submitted my initial demand form 2/21/19 AAA sends letter giving Respondent 14 days to answer/counterclaim (respondents due date to submit is 3/7/19) 3/6/19 Respondent filed counterclaim/didn't serve to Claimant (this would give me until 3/21/19 to object/respond) 3/29/19 Arbitrator appointed 4/8/19 AAA sends me Respondents counterclaim (gives me 14 days to respond, which would be 4/22/19) 4/10/19 Claimant file/serves objections 4/15/19 Initial Preliminary Hearing (started and concluded) Claimant brought up objections, but in the arbitrators eyes he sees Respondent counterclaimed within 14 days, Claimant's objections were not filed by 3/21/19) So my objections were heard not settled before Preliminary hearing ended. 4/15/19 Arbitrator orders Claimant to file brief. Once I file my brief and Respondent comes back with the 22K stuff, it is "technically" in her counterclaim she submitted before the arbitrator was appointed. So as of today, both accounts ARE in this one case. I am still in my 14 day window AAA said I had to respond/object to her counterclaim. Which I did send objections BEFORE the preliminary hearing, but they were heard but not settled (since they were not in by 3/21/19) ***edit update: So when I sent my objections, did this prompt the (Respondent has 14 days to respond, then Claimant has 14 days to respond) then hearing? Or since I didn't ask specifically for a phone hearing in my objections, my objections did nothing? I think this is the part I am most confused about.
  12. All of this happened before our initial preliminary hearing. She never served me her response/answer. Aaa provided her response to me 5 days before our initial preliminary hearing date, which I sent a written objection immediately. (Aaa said since I am just getting these documents, I have 14 days to respond) So since my objections were “late” (I didn’t see their counterclaim until after my time to respond had passes) they were heard at our initial preliminary hearing but not settled, meaning her counter for 22k is still in this case. But can’t I file a dipositive motion under r-52 failure to properly serve? And get her counterclaim thrown out? Her counterclaim WAS filed before arbitrator was appointed, so she didn’t need permission to add a counterclaim. Now she does need permission to add a counterclaim against me. Or did I “forfeit” being able to file to get it removed since I objected? I am unclear how that works Edit... also asking for a phone conference to clear all this up (which I would clear up the fees being reallocated, this is not under court jurisdiction, etc) So she knows BEFORE I send my first brief for the 3k. Which asking for this hearing before I file my first brief would prompt a bill for her.
  13. If I file a depositive motion for failure to serve then her counterclaim will be totally removed from the case. Meaning, 22k she countered would be gone too. I think it will be harder to get the arbitrator to allow her to bring that 22k back in considering the commotion she caused at the preliminary hearing calling me a liar and saying she didn’t have two accounts and she did an stuff.
  14. The only problem with this specific instance is I didn’t even know she sent a response/counterclaim until 7 days before the INITIAL preliminary hearing. Preliminary hearing was already scheduled so I rushed to get my objections in. So we show up at the preliminary hearing and arbitrators main goal is INITIAL preliminary hearing. I bring up my objections but they don’t get settled. So now, her counterclaim (22k) IS in there because she submitted to aaa (but not me) within her initial 14 days and the preliminary hearing is closed. So now I have to fight to get it out. But I am thinking now, even though aaa sent me the papers I kept asking for, I assumed they gave me 14 days to respond, my objections would be settled before the preliminary hearing ended. But they did not. Since Respondent had 14 days for answer, I had 14 days for response, then preliminary hearing. But since I didn’t get my objections in until after my original deadline, my objections weren’t in “on time” so he didn’t make a final decision on my objections before ending the preliminary hearing. Meaning, 22k is still in there. And, the aaa is going to close that 22k aaa case tomorrow if they don’t pay. Meaning, a lot easier to get jdb to try to keep that 22k in there (with 3k) Because “technically” it can be since it was in the counterclaim before the preliminary hearing ended.
  15. I am starting to think my best bet right now would be to file failure to serve and get her response (that has her counterclaim of 22k) thrown out all the way? She did not serve me the documents. I assumed when aaa finally stepped in and sent them to me because she wouldn’t respond to my emails and asked if I still had 14 days to respond, that that meant they had been served. But if I did this then essentially starting at square one again? Since it was a preliminary hearing, my objections were never settled on, so really that 22k is still in with her counterclaim. as of right now both are in there, the 22k and the 3k because the preliminary hearing ended and she doesn’t have to “ask” to add it, right. Then the burden is not on me to get the 22k out, the burden falls on her to fight to get it in. And honestly the serving thing just occurred to me because when aaa finally sent them because jdb wouldn’t, aaa still gave me my 14 days to respond. But that didn’t benefit me at all because the arbitrator was there for a preliminary hearing, not an objection, which means the 22k IS in there and I would have to fight to get it out. I apologize if someone mentioned this previously My thought file a depositive motion under rule R52 d failure to serve
  16. No. As of right now she still thinks this is the 22k account in this claim and my claim is frivolous. The confusion arises too because this phone hearing wasn’t prompted by my objections. This was simply the initial conference hearing that was already scheduled. I didn’t get her “response/counterclaim” until one week before our conference hearing but hurried and filed my written objection and file/served them. So the arbitrator was there just for the initial conference hearing. He wasn’t looking into documents or anything, strictly to conduct the initial conference hearing. Then he asked is there are any issues or anything, which is when I brought started pointing out the problems and she started going off. So now is when I write a brief on my claim. Calling a phone conference right now will NOT clear it up. She was 100% certain THIS is the 22k and I am wrong and lying 🤷‍♀️ At this point I did make a point to bring up the fact that she is combining two aaa cases into one and she kept saying no she isn’t. Despite me pointing out the evedence “she” submitted had documents clearing showing 2 different credit card account numbers. She just kept saying no I am not.🤷‍♀️
  17. It got lost in the 18 pages. lol But yes, yesterday it finally clicked that I was misunderstanding what you meant by make it clear to Respondent. Which I am pretty confident she will not keep paying once she gets the next bill. Doens't mean she won't and definitely doesn't mean she won't pay the 22K one to recoup costs, which is likely.
  18. Which I have actually learned to do since discussing all this with you guys! I noticed yesterday, I sent an email on March 4 to AAA and JDB (because we have to include other party on all communications) saying "I have an AAA case that was administratively closed because I was waiting for my MTC to be granted. It is now granted and I need to file and pay to get that case initiated." Wouldn't you know, her "answer/counterclaim she filed was dated and uploaded to the online case file on March 6. Two days AFTER I sent that email (which I didn't realize because I didn't see these until April 8 because she never properly served the answer and the AAA finally sent them to me because attorney wouldn't answer any of my emails. (and I NOW understand the importance of objecting to anything not properly served) You best believe I will point this out, along with all the notices from AAA on the other case that says THIS IS A COURT ORDER arbitration claim. Yet, she argued until she was blue in the face saying this is the 22K not the 3K.
  19. Not sure how this hasn’t been handled right? A lot of the “what if” questions I ask and freaking out on what could happen, absolutely not handled right!.(Anxiety gets the best of me and actually just got home from the dr to fix that, so hopefully no more worrying over things that don’t matter!) but not sure what part of awsuit/arbitration hasn’t been handled right?
  20. Yes, she does. She cited from citi cc agreement the entire thing about they cannot reallocate their fees unless frivolous. Which is why she asked for reimbursement
  21. Technically, I have handled it right. The jdb is the one that messing stuff up and making it take so long. To be clear, the original 22k lawsuit was filed in August. It wasn’t until January 28 my motion for granted. And I would like to add that it was ONLY because the jdb didn’t show up to the hearing and drug it out that long. The 3k is the one they paid and we just had the initial conference hearing just on Monday when I have tried everything in my power to tell her this is the 3k. She has it confused and a mess, not me! Considering how our initial conference hearing with aaa went, she hasn’t walked away because she still has no clue what’s going on. Her response (that I objected to) had exhibits of two accounts attached. 3k and 22k. She kept calling me a liar and saying no she didn’t. But she clearly did and I even pointed out which exhitits had what account number/amount on and she refused to even look. Then she kept saying this is for the 22k (when it’s not, it’s for the 3k) She told the arbitrator that she was waiting to pay the 3k fees until she saw how this went. Finally, since we were obviously getting no where, the arbitrator said so the claimant initiated the claim on both, (I said yes, and this claim was paid BEFORE we even had the court order) then he said clearly the claimant knows which account number goes with what case number (which jdb said, we will see) and he said he is ONLY able to decide on whatever account number is in THIS case. So we got off the phone with her STILL thinking it’s the 22k, but it’s not. She hasn’t dropped it because she still has no clue what’s going on Absolutely! I have pointed this out many times through this process! And I really do appreciate everyone’s help! Despite my ignorance and annoyance