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Everything posted by shadow99

  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.
  15. 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.
  16. Thanks! I'll update the thread accordingly.
  17. 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.
  18. 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?
  19. 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 na
  20. Thanks for the advice, from you and everyone else. I'm not trying to be unreasonable; I was just very surprised that they didn't sign for the letter. It's the first time that's happened. Right now, I'm figuring out the whole collections process thing from collections to disputes to arbitration. To say this site has been a wealth of information is a major understatement. We had some setbacks, mostly health related, in the past few years that put us in a bad place financially. We're slowly digging out, but it's nice to have some leverage if I need to stall for more time at some point.
  21. I asked them if there was a reason they would refuse to accept it. They said no. I've emailed them with the tracking number along with the relevant dates from I plan to mail again with proof that I had mailed within the 30-day deadline, sending both certified and just tracked delivery. This is the only address I have for them - I've used it and the email address off the letter. I'm not sure what else to do. If they were closed due to Covid, which I did think about, you'd think they would have said so. At this point, I'm assuming it's a post office error, whic
  22. I compared the address on the certified letter receipt to the one on the collection letter - it matches. I guess I'll see what it says when I get it back. If there was an error on my part or the post office's part, I'll mail it again. The curious part - when I said they didn't accept it, they said something like, well there's no reason we wouldn't, but they didn't ask me what address I sent it to or anything. They just kept saying that the original letter was a validation letter and that I needed to tell them the specific reason I was disputing. I declined and said they should accept
  23. I sent it to their physical address. I am documenting everything. If the letter comes back, I'll file it along with a copy of the email I sent as further documentation. Then, I guess I'll start logging letters and phone calls. They were calling my husband's cell phone. They were using a local number - when you call it back, it rolls to the same phone system that their 1-800 line goes to. I gave them my phone numbers and asked them not to call any other numbers, not that I answer my phone for anyone not on my contact list. I have started calling numbers back from a different
  24. I sent a DV letter certified mail to a collector on July 1 in response to their initial letter dated June 9. They called me today so I checked to see if they had delivered the letter. USPS's website said they attempted delivery on July 9 & 10 and left notices. On both days, no one was available to accept the mail. I called them today to ask them if they were going to accept. All they would do was ask me what they could do to get this paid. When I kept insisting that they needed to accept my mail, they questioned me about the nature of the dispute. I just kept saying they nee