shadow99

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About shadow99

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  1. The Judge granted my MTC with a continuation date set several months out. The attorney said he didn't object but asked for the continuation, and that was about it. It was a fast, smooth, pain-free process. Now to send in the JAMS application. Reading over the contract again, it says they will pay all fees up to an amount well above my consumer fee. I believe someone here said they write a cover letter to JAMS explaining that and asking them to bill the other party for that as well. Good idea? Worst they could do is tell me to send them a check, right?
  2. Thank you - it seems so obvious once you point it out.
  3. I'm looking at the JAMS form. The following is near the bottom. My arbitration clause, like most I would thing, has an option to reject arbitration by sending a letter within 30 days. I did not do that, but does that give me a problem with #3. Technically, I could have rejected, which means I wasn't required? “Consumer arbitration” means an arbitration conducted under a pre-dispute arbitration provision contained in a contract that meets the criteria listed in paragraphs (1) through (3) below. “Consumer arbitration” excludes arbitration proceedings conducted under or arising out of public or private sector labor-relations laws, regulations, charter provisions, ordinances, statutes, or agreements. 1. The contract is with a consumer party, as defined in these standards; 2. The contract was drafted by or on behalf of the non-consumer party; and 3. The consumer party was required to accept the arbitration provision in the contract.
  4. Thanks, that's good advice. I'm getting familiar with the arbitration process. I have a hearing scheduled for next week with a MTC I prepared based on information from this site, which has been extremely helpful and informative. The one in this thread is a Synchrony account, so it'll probably have a good arbitration clause based on what I've read here.
  5. I'll ask about the refund the next time I go to the post office. That's a good idea. Thank you - every dollar counts, right? I called because they were calling my husband's cell over and over - that was never a number tied to the account, so I guess they got it off some directory because it's on the family plan in my name. I will keep a record of those calls. It was technically "MY" mobile number that they did not have permission to call. In the letter, which I thought they would have received, it included my phone number. Otherwise, I would have let it sit. I'll still let it sit. About the time they're ready to take me to court, I should be in a better place financially to try to settle or I might pursue arbitration if the contract allows.
  6. What's the current opinion on AAA vs. JAMS? From reading the board, JAMS is more expensive, which is good, but there is some debate about whether JAMS will could make me pay the other party's fees if this goes all the way through arbitration and I lose. I did read the thread where one person had that happen and it was reversed. I'm weighing the risk against AAA's more explicit rules so I can go to the hearing with a completed form.
  7. That makes sense. Most of the attorneys I've met have been very sharp. so that's how I think of them.
  8. It was a waste of time. They informed me of the OC, the DC, the total amount due - all things I already knew. Then asked me how I would like to take care of the balance. I informed them that there was a court date next week. They again asked me how I'd like to take care of the balance. I told them I planned to go to court and had a MTC. They asked how I'd like to proceed. I repeated myself, and they said they'd note the account. I should have known better. On another note, what a miserable job. If I was either a paralegal or an attorney and the best I could do was debt collection, I think I'd look into a new career. Maybe it's lucrative, but it has to be a drag. No offense meant to anyone on the board if that's your thing.
  9. I haven't called back yet, but was looking through the docket for my court date next week. A lot of the cases for this attorney are already showing continued to a later date. Is that normal? Or could that indicate they won't be there on that day? and I could possibly get it dismissed for no appearance? I know. I'll never know if I don't call. I hate calling people.
  10. The tracking hasn't changed but I have a big brown envelope full of papers from the collector. I haven't went through it all yet, but it does have some copies of charges in it. They either received it and I can't see, or they sent it based on my phone call. It doesn't matter - the net effect is that they sent more than a 1 page verification.
  11. Thanks! I'll update the thread accordingly.
  12. Still no movement on the tracking - only saying redelivery on the 22nd. It's starting to look like the USPS messed up and I'll have to mail again with an explanation and proof that I originally mailed within the first 30 days. Maybe I'll at least get a refund on the fees.
  13. My hearing is coming up. I filed the MTC and sent copies to the attorney's office. They called me and left a message for me to return their call. Any ideas what they want to discuss? To tell me I'm an idiot? to offer to settle?
  14. They replied to my email. They stated that their office had remained open the entire time and had not closed for Covid. They could not explain why the tracking says no one was available to sign. However, they said they would not request the redelivery because it asked for "specific information", but I was welcome to ask for it. So, I did - I asked for it to be redelivered today, but the tracking stills says the redelivery is scheduled. It may be a USPS error - the delivery attempts had one city name, but I had a chance to enter the address again on the redelivery request - now the city name matches the address on my receipt. However, I work with zip codes all the time - one zip code can be tied to multiple city names, and often is. And, if it comes back, I'll mail it again - both certified and regular tracking with copies of the tracking & receipts for this one to show I was within the 30-day period. Thanks for the comments. I learn a lot reading through all the back and forth.