Daytona365

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About Daytona365

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    New Jersey
  1. Thanks for your responses. Would the landlord be also liable for conversion since they failed to surrender the UCC secured equipment?
  2. I was recently served with a complaint. I purchased some commercial kitchen equipment about three years ago. In the meantime, the business closed and we left the commercial property and all the equipment behind at the location. The creditor has a perfected UCC security lien on all the equipment. The landlord doesn't want to release it. I intend to answer the complaint, and file a third party complaint against the landlord. The UCC security lien is superior to any type of landlord lien in NJ. Any advice or comments?
  3. The OC is Discover and payment of the consumer arbitration fees will be advanced by the bank if requested. I mailed Discover a request to advance my portion of the JAM fees, and have not yet heard back from them.
  4. I recently filed for JAMS arbitration against an OC, and did not request expedited procedures. JAMS notified me that the arbitration will be conducted under the Streamlined Rules. Isn't that expedited? Also, I requested that the OC advance my share of the fees, which they haven't done yet. They did pay their portion of $1,250. The amount in question is under $5,000. Thanks in advance.
  5. Good morning, I filed the MTC arbitration with the court. Should I start the AAA process, or wait for the motion to be granted? Also, can JDB request that the case be transferred to small claims court?
  6. Thanks for your response. We do have Small Claims Court, but the JDB filed in the Special Civil Part of the Law Division. The Special Civil Part handles claims up to $15,000.
  7. I was served with a summons recently from a JDB. The amount in question is under $2,000. My Citi contract has an arbitration clause that states: "We’ll pay your share of the arbitration fee for an arbitration of Claims of $75,000 or less if they are unrelated to debt collection. Otherwise, arbitration fees will be allocated according to the applicable AAA Rules." What are the allocated fees under the AAA rules? I plan to file a MTC. Any suggestions?
  8. I was sued by a JDB, and properly filed a MTC arbitration. Before the motion could be heard, the JDB filed for a default judgment. Eventually the MTC was granted. Did the JDB violate the FDCPA by filing for default once they knew I was demanding arbitration?