Dgree

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Dgree last won the day on February 27

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  1. JAMS is very clear for Arbs in CA. But outside of CA I could see why there could be wiggle room.
  2. I had the arbitrator, at the first conference call, flat out tell the Velocity counsel that they cannot get ANY fees from me. The arbitrator also vehemently insisted that the opposing counsel settle because the cost of arbitration will far exceed the amount of the debt. I believe they will eventually dismiss in my case. I am just going with the flow. About to send my discover request.
  3. Well that’s just what they spent so far. We aren’t even anywhere close to the end of this. Based on the rates for the arbitrator... they will be at 30k after the hearing. They will have lost significant money.
  4. They definitely did in my case. Which is weird because they have spent more on arbitration than they bought the account for. Also they have already been told they aren’t getting fees from me, if they win.
  5. It seems that Velocity is following high loan amounts into arbitration. They followed me and another member recently. They have spent 8k on a 20k+ alleged default. I believe in my case, they have spent more on the arbitration than they bought the account for. Which is interesting...
  6. Any updates? I plan on starting another thread to document my journey thus far, but at this point I am trying to lay low until arbitration is over. I have the first conference call this week, we will see where it goes from there. Law firm for velocity paid both the initial fee ($1500) and the Retainer ($6000). However as I suspected, they believe they will recoup the money from me if they win. I wrote a long email explaining to their counsel that they are incorrect (I am in CA). I plan on bringing the issue up during the conference call.
  7. Since this is very confusing for you, I would not suggest that you fight this in court. Did you check your see if your Citibank agreement includes an arbitration clause?
  8. You can electronic file the Notice of Motion and The P and A without the signed POS. The POS needs to be filed 5 court days before the hearing. For example this is what I did: 1. Electronically file Notice of Motion, P and A and proposed order. 2. Serve, via personal mail, the above documents AND include an unsigned copy of the POS. (Must be done 16 court days + 5 calendar days) 3. Electronically file the POS (must be done 5 court days prior to hearing)
  9. Motions must be filed and served 16 COURT DAYS before the hearing. Add 5 calendar days if served by personal mail. Proof of service must be filed 5 court days before the hearing. So I would look to set the hearing out far enough that it is before your court date but with enough time to file and serve a motion.
  10. 2 comments... 1. On your cover sheet, Under the notice of motion and motion, be sure to include the date, time, Department and judge for the motion hearing. Also be sure to attach the confirmation page from the reservation to the end of it. 2. Your Memorandum of Points and Authorities is a SEPARATE document. It must also have its own cover sheet with the case information listed.
  11. For motion hearings, in CA, the mover isn’t even required to show in court. Not sure if that is the same elsewhere, but asking for a judgement during a motion for arb hearing would likely be laughed at.
  12. What deadline? The rules of the court say that all motions must be filed and served 16 courts days before the hearing. Did you miss that deadline?
  13. Your MTCA must be a separate document that is filed along with your MoPA. Although you can cite cases on your MTCA, the MoPA is the place were you lay out your argument for the judge. So you need to separate documents: 1 MTCA - this must be on pleading paper. The hearing information must be included on the cover sheet along with the Reservation ID (if set using the online Court Reservation System). On this document you set forth your high level argument as to why you are seeking to compel arbitration. There are plenty of examples of this on the web. On this document, you must al