shadow99

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About shadow99

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  1. Not exactly. The hearing was remote, over the phone, and it was hard to hear everything that was going on. The judge asked about my motion, I explained. He then asked the attorney if he agreed. He agreed right away on condition that the case was continued until December. With all that agreement, the judge must have decided he didn't need to sign the MTC. In the meantime, I waited for a signed MTC that was not going to come. I emailed the court to see what I needed to do to get it after some time had passed. They told me the judge did not sign it. I then mailed everything to Jams
  2. 65% of the total owed which amounts to about a $1000 discount and dismissal without prejudice. Why wouldn't they say dismissal WITH prejudice. Doesn't with prejudice mean they can't sue again? or is that without? I get them confused. I'm a little wordy in posts, and very sarcastic in real life, but in anything like a counter-offer, I know that less is more. I will use my words sparingly. If I respond, it'll be something like: I decline your offer. Then give a counter offer that a payment of $0 for mutual dismissal due to the pending arbitration. The return court
  3. Wow - I just got an email from their attorney with an offer to settle for a dismissal WITHOUT prejudice, which I'm not willing to accept. It mentions the lawsuit but not arbitration. I'm searching for settlement letters here, but if anyone wants to point me to something good, that's be great.
  4. Thank you. I did reply to their email, but haven't received a response. I'll give them another day or two then call to ask. I can pay the $250 - but it dawned on me that I don't know how to pay it. Normally, I would mail a check to their address, but my paperwork sat there for nearly a month. I finally checked the card and saw COVID was the signature, so that must mean no one is there. I don't want to mail a check there.
  5. Update and another question. JAMS issued the Notice of Intent to Initiate Arbitration with instructions for the respondent to pay $1500 by Nov 25. They mentioned that I would be responsible for $250, but did not provide instructions on whether I should pay now, wait for the respondent to pay, or how to pay. They aren't processing mail at the address I sent my initial forms to, so I'm not sure where to send it - will call and ask. My contract also states that they will pay my fees up to $1000, which I pointed out in a cover letter - that seems to have been ignored. This was also
  6. 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?
  7. Thank you - it seems so obvious once you point it out.
  8. 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 p
  9. 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.
  10. 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 s
  11. 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.
  12. That makes sense. Most of the attorneys I've met have been very sharp. so that's how I think of them.
  13. 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
  14. 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.