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Everything posted by Dgree

  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 also attach the confirmation of the hearing that was produced from the CRS, at the end of the document. 2. Memorandum of Points and Authorities - this is a separate document that must also be on pleading paper and include a cover sheet with the case information. You can title this like “Memorandum of Points and Authorities in Support of Motion to Compel Contractual Arbitration and Stay Proceedings pending Arbitration” Then you write your argument in 3 distinct sections. Intro, Argument (Referencing case law from federal and/or CA courts ONLY), and conclusion. Submit both at the same time and make sure you serve the Plantiff.
  14. Sounds like the Judge is denying YOUR motion but is submitting THEIR motion to move the trail date. It is saying that you must formally serve this specific order to the plaintiff in accordance with CRC 3.1312. As to your MTCA... This would seem to mean that you now have time to submit a MTCA. All motions must be submitted and SERVED 16 COURT DAYS prior to the motion hearing date. Add 5 CALENDAR days if you are serving the motion via post office first class mail. Add 2 CALENDAR days if serving with overnight mail. The MTCA must included a Memorandum of Points & Authorities. If not, it will be denied just the same.
  15. Yes that is a verified compliant, which means you cannot use the general denial form. You must answer each allegation on pleading paper.
  16. Seeking some advice here... Do I need to file an Answer AND MTC or just a MTC in lieu of an answer? Also I noticed that for Motions, I am required to add "Point & Authorities" to the motion. Does anyone have an example of this? @BV80 @fisthardcheese
  17. Awesome. I will look it over. In CA, do you need to file an Answer AND MTC? Or would an MTC do? I am going to try to file an answer next week, so that I can attempt to get the case stayed without having to appear in court.
  18. Well too late, just got served this morning. What is the strategy now? File a MTC and a Answer? Is there a template I can use for CA? Ive read that a judge can grant arbitration without appearing in court... is that true?
  19. Thanks for the reply! The amount is about 20k. I want to represent my wife because she won't do it. She is also in a profession that having a lawsuit could be problematic (but only if a judgement is levied). There is an arb clause because it is a LendingClub loan. The Law office representing the JDB is slow rolling the lawsuit.. they have been threatening a lawsuit since July 15th, haven't filed one yet. A few days ago they threatened a lawsuit again, via email. I am in the process of responding (to the email), but want to know if I should just tell them that they can file, but I will be moving this to arbitration. What should the strategy be here? Just wait for the summon and immediately file a MTC? Or tell them now that I will file for arbitration to maybe scare them off? I am in CA.
  20. Thank you! Looking forward to @fisthardcheese advice!
  21. Hello, About a month ago I was notified via mail that my wife was going to be sued by JDB. I quickly contacted the law firm representing them to find out if we could settle the account some way (Never admitted to owning the account). After going rounds over email (in which they sent me validation docs) they recently (40 days later) told me again that they are pursuing litigation over email. My question is, should I mention the fact that I will pursue arbitration to get them to back off? Or should I just wait until served and file a MTC with arbitration via JAMS? Also if I do need to wait, is there a CA specific template for a MTC that I can use to draft the docs and submit?
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