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SHELLY7 last won the day on February 10

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  1. updating quickly my own thread for future New York newbies like me... in case they ever want to send a demand letter like I did with NY law 7503c letter/law and 20 day format....make sure you also send to your original JDB (like for me Midland) is a statue in NY just so people know;) pasting below for forum peepers future reference: If the demand or notice is served upon the party's attorney, rather than the party himself, the twenty-day limitation on moving to stay is inapplicable. Service upon the party's attorney, however, does not render the service null and void. Such service may still satisfy the notice-giving function of a demand, thus depriving the party who was served of arguing that he received no notice of the arbitration. Application of Initial Trends, Inc., 1982, 90 A.D.2d 716, 455 N.Y.S.2d 606 (1st Dep't), affirmed, 1983, 58 N.Y.2d 896, 460 N.Y.S.2d 500, 447 N.E.2d 48. The arbitration itself may still proceed. so send your demand for arb letter New York people if you want 20 day limitation to their attorney AND original party (ie debt buyer if case) ok am done;) also big shout out once again to all who helped me on this forum, is a god send to many and gratitude doesn't begin to express thanks!
  2. EVERYONE give this superstar a shout! what a moment for him and after helping so many on here (present company very much included) I think he deserves a virtual round of applause:) @Brotherskeeper @fisthardcheese @Harry Seaward @Clydesmom just wanted to tag some of the people who've been on threads with him helping me and get the ball rolling in what should be a momentous day for our resident New York genius and now soon to be lawyer;) ๐Ÿ˜€๐Ÿ˜€๐Ÿพ๐Ÿ™Œ
  4. yep! @fisthardcheese done and dusted. Treated it like it was FBI evidence, for all the "just in case" scenarios;) Thanks to everyone for their help and unrelenting patience with me. Though in all honesty, I DO wish I had gotten this wondrous advice of picking up those little registered tags BEFORE going to the post office as trying to fill out and take photos with a line of people behind me was much more flustering then my adult self would care to admit;) So much gratitude though beyond measure to everyone.
  5. ok update to @Brotherskeeper you are correct in the reading of the law it states that it just mentions that it must merely "specify the agreement" so I think you are correct that I don't need to put in the arb clause from paypal now the body of the letter shall just read as: This is to notify you of my intention to arbitrate the claims and disputes of the subject account pursuant to the applicable Synchrony Bank Pay Pal Smart Connect branded account agreement. As per this agreementโ€™s arbitration section,I select JAMS as the arbitration administrator. Unless Midland applies to stay the arbitration within twenty days after service of this notice of my intention to arbitrate these disputes, Midland shall thereafter be precluded from objecting that a valid agreement was not made or has not been complied with and from asserting in court the bar of a limitation of time. I think that should be enough to satisfy the requirements of CPLR 7503 (C) and will send off to post office today once @usctrojanalum has given his stamp of approval Thanks again everyone for their time and patience especially @Brotherskeeper and @usctrojanalum since drafting a letter should never be that hard, but evidently for me it is;)
  6. update thanks @brotherskeeper I see I add in the index number on certified mail receipt at the post office so will include this for extra iron cladness;) heres an update in case any future New Yorkers get hung up on the small things like moi and can use this thread to the best of their advantage;) Defendant, Pro Se Sent USPS Certified Mail, Return Receipt Requested #
  7. I thought you didn't get the number on your registered mail until you get the receipt or I guess maybe they give you that green tag in which case I could just write it out at the post office? lol Ill leave a blank space so that I can write it in just in case I've seen cases where they said they didn't know the clause referenced as a defense, that's why I thought pasting it in might make it more "sure fire" but perhaps if I just reference it that's enough? I'll wait to see what resident NY genius weighs in @usctrojanalum but I don't think it could HURT to paste the arb clause, no?
  8. Hi Guys! Here is my draft for intention to arbitrate, let me know thoughts. Also, would you include my synchrony care card agreement or just paste in what I have and assume per @Brotherskeeper that they obviously have a copy Secondly, @usctrojanalum when you have a second can you make sure it has the correct format for Notice of Intention to Arbitrate under CPLR (c) and on that note, should I actually in fact mention that? or no? Thank you again to everyone for their time and endless patience, I tried to blur out my personal information, but wanted to post on the forum, not only for everyone to weigh in but also in case some other poor soul finds themselves in my predicament and this NY stuff will help them. Thanks so much everyone and I will wait patiently for your critique
  9. ok, so I'll just paste it in and not make it easy for them. somewhere I read you put in the address of original-do you think I should put in midlands address in San Diego, or just midland? I know always hung up on the little stuff am drafting now to post
  10. bless you for this @Brotherskeeper @usctrojanalum do you think I can send the letter using this point format? and should I just paste in the body of the email my arb clause or should I send the original synchrony agreement as an attachment with the letter? thanks so so much guys
  11. ahhhh I thought you had to do a or c so even that clarifies A LOT lol @usctrojanalum thanks so much I've only found cases where they did a and then some other motion to dismiss or stay, but just with a so I'll look for both do you know anywhere I can find demand letter that uses c? I'll look up court cases on the NY site Thanks again
  12. Hi Guys! I have been working on my draft for MTC (yes it has taken me this long) and have been looking for similar cases/NY laws etc. so that I might just better understand and "be ready." I have always thought when the time came I would make my motion under NY Law demand to arbitrate 7503 a I'm aggrieved so will follow my synchrony card agreement notify them" in writing" with a quick one liner-that I elect arbitration in Jams" easy peasy or as @fisthardcheese try to somewhat "keep it simple." This is the arb application law for NY I am referencing : (a) Application to compel arbitration; stay of action. A party aggrieved by the failure of another to arbitrate may apply for an order compelling arbitration. Where there is no substantial question whether a valid agreement was made or complied with, and the claim sought to be arbitrated is not barred by limitation under subdivision (b) of section 7502, the court shall direct the parties to arbitrate. Where any such question is raised, it shall be tried forthwith in said court. If an issue claimed to be arbitrable is involved in an action pending in a court having jurisdiction to hear a motion to compel arbitration, the application shall be made by motion in that action. If the application is granted, the order shall operate to stay a pending or subsequent action, or so much of it as is referable to arbitration. However, @usctrojanalum was kind enough to share with me, being the resident NY genius and otherwise known to me as most patient man on earth. You may also make a demand on them by serving a demand letter for arbitration under 7503c this is what I am referencing: (c) Notice of intention to arbitrate. A party may serve upon another party a demand for arbitration or a notice of intention to arbitrate, specifying the agreement pursuant to which arbitration is sought and the name and address of the party serving the notice, or of an officer or agent thereof if such party is an association or corporation, and stating that unless the party served applies to stay the arbitration within twenty days after such service he shall thereafter be precluded from objecting that a valid agreement was not made or has not been complied with and from asserting in court the bar of a limitation of time. Such notice or demand shall be served in the same manner as a summons or by registered or certified mail, return receipt requested. An application to stay arbitration must be made by the party served within twenty days after service upon him of the notice or demand, or he shall be so precluded. Notice of such application shall be served in the same manner as a summons or by registered or certified mail, return receipt requested. Service of the application may be made upon the adverse party, or upon his attorney if the attorney's name appears on the demand for arbitration or the notice of intention to arbitrate. Service of the application by mail shall be timely if such application is posted within the prescribed period. Any provision in an arbitration agreement or arbitration rules which waives the right to apply for a stay of arbitration is hereby declared null and void. My novice interpretation of 7503 c is that if you serve the demand letter in the correct format as listed above, if they do not apply to stay the arbitration within 20 days they shall be precluded from objecting in court. So am I correct in thinking that if I form this letter to the T following the above format it really pushes them in a corner? Or am I misreading and interpreting (Which we all know could be the case) I am also wondering if anyone has any experience with this, I've searched the forum but haven't found many references and perhaps just doing the simpler 7503 a is easier and this is really beyond my breadth as I get so hung up on counting days and making sure everything is right. If anyone who is a forum expert and has seen a reference to this or has any opinion on it, even just a general thought it would be greatly appreciated. I understand that I get quite caught up in the little things, so even just a blanket statement of what you think the better approach is. I so appreciate all the people who have taken the time from the beginning to help me on what has been seemingly a rather long journey, especially considering I haven't even made a motion yet. So many thanks as always those whose patience and opinion has gone beyond the common grounds of good will @Brotherskeeper @BV80 @Goody_Ouchless @nobk4me @Harry Seaward and @Clydesmom and the ever stead fast @usctrojanalum
  13. am answering my own question here, just in case in the future someone from NY is running in circles like myself and say they didn't verify so I won't. and thanks to @Brotherskeeper for posting the helpful link if you want to verify and @usctrojanalum who deserves a medal of honor for his patience with me
  14. mmmm this makes me think I should just not do it? seems like everything I can somehow get myself in trouble with? and couldn't that be considering entering into judicial if I go for a mtc arb? sorry @usctrojanalum I seem to always go in circles