Racinghart03

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Everything posted by Racinghart03

  1. @BV80 Oh yes I saw that when I created my order. What I am still confused about is do I have to answer the claim against me....with a "denial", or is the MTC my answer to the claim?
  2. @BV80 Quick question regarding the answer.....I have the MTC and the proposed order for Arb ready to go. I keep reading about "denial", where does that come in? There is no mention of denial in the MTC.
  3. Interesting. @fisthardcheese preferred JAMS. That might be useful in my situation. Thanks for the info @Jackie1989
  4. @fisthardcheese So I am just about done with my MTC. I have pulled direct verbiage from the card member agreement the JDB sent over and replaced what the template has. My question is, can I use the same case example you have on the example MTC or should I use something else? What is on there now seems relative, it is just a bit dated. I also double checked the clause from the FAA section 1-2 and the verbiage there seems unchanged. Is it ok to use that section unedited as well? Thanks!
  5. Thank you as always @fisthardcheese. I am ready. I will use your conceptual MTC and the order as well. I will NOT cut and paste. I will just use the framework of it, and apply it to my case. I have already registered with the court for easy uploading of my documents so that is done. I also made sure there were no special things to be considered when submitting the docs. The site is pretty informative and easy to follow. The main thing was to get set up with an "account" for all things judicial. So from here, I will handle the MTC this weekend and file a week or so before the case would default. I think that should be enough time. I can worry about the grounds for arb once I am granted the MTC. I am still thinking the JDB thinks I will just ignore the complaint and get a default judgement. He is mistaken. Not happening.
  6. Thank you @BV80. On a side bar, I try and pay all the help you guys/gals have given forward. I don't know any of you personally but I make specific attempts to do things for other remembering the gratitude I have for all the help I have gotten. I find the more you give in life, the more you get. My life was a real mess back when all this came about and I am aware this is reminder to be thankful for all the lessons that have come from that era of my life. Gratitude breeds things to be grateful for. I hope you all get back a little something for the selfless time you give. I will keep you all posted. I am sure this pile of poop will be in my mailbox any day! CANT WAIT!!
  7. Understood @BV80. So it seems I hold the course. File the MTC before the complaint defaults. There is a part of me that wishes I initiated before but that is water under the bridge. I think based on what @fisthardcheese suggests, the whole arb thing is really to put a financial burden on the JDB so they settle for a lesser price. I am assuming if I file the MTC...I need to initiate the arb. So on what grounds would I do that? And once that is determined I need a list of ways to drag out the arb case as long as possible.
  8. @BV80 "PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. This section provides that disputes may be resolved by binding arbitration. Arbitration replaces the right to go to court, have a jury trial or initiate or participate in a class action. In arbitration, disputes are resolved by an arbitrator, not a judge or jury. Arbitration procedures are simpler and more limited than in court. This arbitration provision is governed by the Federal Arbitration Act (FAA), and shall be interpreted in the broadest way the law will allow. Covered claims • You or we may arbitrate any claim, dispute or controversy between you and us arising out of or related to your Account, a previous related Account or our relationship (called “Claims”). • If arbitration is chosen by any party, neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim. Except as stated below, all Claims are subject to arbitration, no matter what legal theory they’re based on or what remedy (damages, or injunctive or declaratory relief) they seek, including Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; Claims made regarding past, present or future conduct; and Claims made independently or with other claims. This also includes Claims made by or against anyone connected with us or you or claiming through us or you, or by someone making a claim through us or you, such as a co-applicant, Authorized User, employee, agent, representative or an affiliated/parent/subsidiary company. Arbitration limits • Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court. • We won’t initiate arbitration to collect a debt from you unless you choose to arbitrate or assert a Claim against us. If you assert a Claim against us, we can choose to arbitrate, including actions to collect a debt from you. You may arbitrate on an individual basis Claims brought against you, including Claims to collect a debt. • Claims brought as part of a class action, private attorney general or other representative action can be arbitrated only on an individual basis. The arbitrator has no authority to arbitrate any claim on a class or representative basis and may award relief only on an individual basis. If arbitration is chosen by any party, neither you nor we may pursue a Claim as part of a class action or other representative action. Claims of 2 or more persons may not be combined in the same arbitration. However, applicants, co-applicants, Authorized Users on a single Account and/or related Accounts or corporate affiliates are here considered as one person. How arbitration works • Arbitration shall be conducted by the American Arbitration Association (“AAA”) according to this arbitration provision and the applicable AAA arbitration rules in effect when the claim is filed (“AAA Rules”), except where those rules conflict with this arbitration provision. You can obtain copies of the AAA Rules at the AAA’s website (www.adr.org) or by calling 800-778-7879. You or we may choose to have a hearing, appear at any hearing by phone or other electronic means, and/or be represented by counsel. Any in-person hearing will be held in the same city as the U.S. District Court closest to your billing address. • Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment entered. Neither you nor we waive the right to arbitrate by filing or serving a complaint, answer, counterclaim, motion or discovery in a court lawsuit. To choose arbitration, a party may file a motion to compel arbitration in a pending matter and/or commence arbitration by submitting the required AAA forms and requisite filing fees to the AAA. • The arbitration shall be conducted by a single arbitrator in accord with this arbitration provision and the AAA Rules, which may limit discovery. The arbitrator shall not apply any federal or state rules of civil procedure for discovery, but the arbitrator shall honor claims of privilege recognized at law and shall take reasonable steps to protect Account information and other confidential information of either party if requested to do so. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statute of limitations, and may award damages or other relief under applicable law. • The arbitrator shall make any award in writing and, if requested by you or us, may provide a brief statement of the reasons for the award. An arbitration award shall decide the rights and obligations only of the parties named in the arbitration, and shall not have any bearing on any other person or dispute. Paying for arbitration fees • We’ll pay your share of the arbitration fee for an arbitration of Claims of $75,000 or less if they are unrelated to debt collection. Otherwise, arbitration fees will be allocated according to the applicable AAA Rules. If we prevail, we may not recover our arbitration fees, unless the arbitrator decides your Claim was frivolous. All parties are responsible for their own attorney’s fees, expert fees and any other expenses, unless the arbitrator awards such fees or expenses to you or us based on applicable law. The final award • Any award by an arbitrator is final unless a party appeals it in writing to the AAA within 30 days of notice of the award. The arbitration appeal shall be determined by a panel of 3 arbitrators. The panel will consider all facts and legal issues anew based on the same evidence presented in the prior arbitration, and will make decisions based on a majority vote. Arbitration fees for the arbitration appeal shall be allocated according to the applicable AAA Rules. An award by a panel on appeal is final. A final award is subject to judicial review as provided by applicable law."
  9. @BV80 From the Card Member Agreement... "PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. This section provides that disputes may be resolved by binding arbitration. Arbitration replaces the right to go to court, have a jury trial or initiate or participate in a class action. In arbitration, disputes are resolved by an arbitrator, not a judge or jury. Arbitration procedures are simpler and more limited than in court. This arbitration provision is governed by the Federal Arbitration Act (FAA), and shall be interpreted in the broadest way the law will allow. Covered claims • You or we may arbitrate any claim, dispute or controversy between you and us arising out of or related to your Account, a previous related Account or our relationship (called “Claims”). • If arbitration is chosen by any party, neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim. Except as stated below, all Claims are subject to arbitration, no matter what legal theory they’re based on or what remedy (damages, or injunctive or declaratory relief) they seek, including Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; Claims made regarding past, present or future conduct; and Claims made independently or with other claims. This also includes Claims made by or against anyone connected with us or you or claiming through us or you, or by someone making a claim through us or you, such as a co-applicant, Authorized User, employee, agent, representative or an affiliated/parent/subsidiary company. Arbitration limits • Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court. • We won’t initiate arbitration to collect a debt from you unless you choose to arbitrate or assert a Claim against us. If you assert a Claim against us, we can choose to arbitrate, including actions to collect a debt from you. You may arbitrate on an individual basis Claims brought against you, including Claims to collect a debt. • Claims brought as part of a class action, private attorney general or other representative action can be arbitrated only on an individual basis. The arbitrator has no authority to arbitrate any claim on a class or representative basis and may award relief only on an individual basis. If arbitration is chosen by any party, neither you nor we may pursue a Claim as part of a class action or other representative action. Claims of 2 or more persons may not be combined in the same arbitration. However, applicants, co-applicants, Authorized Users on a single Account and/or related Accounts or corporate affiliates are here considered as one person." It is worth mentioning that NJ small claims is capped at 3k. This would need to filed in Special Civil due to the fact the amount they say I owe is more. That removes the small claims exception rule.
  10. @BV80 No I have not filed with the arbitration group yet. I also have not officially received notice from the court. I stumbled upon a docket in a somewhat comical way.
  11. @BackFromTheDebt The funny thing about it is they filed the complaint as a contract dispute...ok...well the contract says I have the right to arbitration, I sent the demand for is as per your suggestion, and they filed suit anyway. So let me get this straight, THEY want to violate the terms of the very contract you say I violated??? Really?? But like you said, I was expecting this. I cannot thank you all enough. If this blindsided me, I would have freaked out. I am much more at peace with the situation thanks to all of you. I will have the MTC ready to file as my answer. Is there court if they accept my MTC? And if there is I wonder how long it would be. NJ was hit hard with the Corona and I am sure the backlog is something fierce. Also wondering if it would be a virtual meeting. Also what would I file as my JAMS case as an answer? If I initiated before it would be on some grounds of a violation....so if it is an answer..what is it filed as?
  12. UPDATE: @fisthardcheese @BackFromTheDebt @BV80. So as I kinda expected but was not hoping for....I believe the attorney is suing me. It is kinda funny how it came to light as I got a letter from an debt attorney with a docket reference number that was "here to help". The useful information was the docket number so I searched it in the NJ Supreme Court and did find that it was filed a few days ago. They also said a notice was mailed 6/13. So I am thinking I should be getting the love letter in the mail any day now. It was the JDB attorney who filed and the case will DEFAULT on 7/24 so I understand that I need to have my end handled before that date. A few questions.... Do I file the MTC with the court before I go to court? I will begin working on FHCs template so it is ready. Do I have to go to court to file the MTC? And when do I file with Jams? Now or later? When I do file with JAMS do I do if for FDCPA violations, violation of my arbitration request, or any other reason? Thank you everyone!
  13. Yes I agree with you. I am prepared with the JAMS form bookmarked and am ready. I have followed your logic and either they pass on me, or start throwing stones in which case I make my next move.
  14. Yes in the event I need to initiate...JAMS all day!!!! @fisthardcheese
  15. That was my original understanding @BV80. Last payment of any sort made on this account was June of 2015 (right before the bomb went off...aka DIVORCE). NJ SOL is 6 years on this type of CC. If the account was no longer current 30 days after the last payment, the SOL would be July of 2021.
  16. Sweet! Still crossing my fingers I wont need to go that far. But thanks to all of you, I am prepared if I do! Random question for anyone.. when does the clock START for the SOL? I thought it was the day that the account had its last payment on. I have heard a few different variations. Anyone know for sure?
  17. Thank you as always @fisthardcheese. I will update here if info develops. Maybe I wont even need it!! Thinking positive. Thank you again!
  18. @JennCreditNow ABSOLUTELY!!! Crazy thing is that this debt claim is over 5.5 years old. In NJ all non essential businesses were forced closed by a government order early in March, and these bozos choose to start sending letters out in the height of the pandemic!!?? It really seems they were taking advantage of the situation. On a side note, law firms were NOT deemed essential and they should not have been conducting business at all let alone initiating communications. I had to go to the PO and send the communications CMRRR when people were told to stay home just to protect myself. . I did mention that in my DV request letter. Just really sleazy. Just for that I would fight this tooth and nail. I have heard they pay at the high end of 10 cents per dollar. Bidding starts at 5 cents in the event they come back at me. If they sue, I will try and hit them with any and all FCDPA violations that have a scent of fragrance in this one. They are better off settling now.
  19. @JennCreditNow. Doing my best to at least know what my options are. Thank you for weighing in. I have not heard from the attorney since I sent the arb demand. Obviously that doesn't mean much at all but they did not fire back right away. The arbitration clause in the Card Members Agreement had both Jams and AAA listed for arbitration options. I will still have the AAA option if worst comes to worse. Hopefully they realize they were not going to get their way with a quick default judgement and we can settle a reasonable settlement and move on with life. It seems they hope that no one does anything with the letters they send and they can just get a quick judgement and garnish wages or whatever. I will not let that happen.
  20. Does the MTC get filed at a hearing or in response to being served with the suit by entering it as a response to the suit? I am guessing worst case is I have a court date where I would then file the MTC.
  21. @fisthardcheese If memory serves me, another member had really good luck following your advice and set the attorney up with an real deal JAMS case by when the JDB filed suit AFTER a demand for arb was sent. Worst case is they try and sue me in Civil and at that time I file the MTC for arb. Yes no? One other thing..If I initialize the arb, I choose JAMS, I know you favor them for a few reasons. If they file, they will probably choose AAA. Any thoughts there? Or do I exercise some poise and wait to see what their next move is?
  22. @fisthardcheese So seeings as NJ state max for Small claims is 3k...over and above up to 15k is a Special Civil Part...small claims is not an option unless they are willing to take a MAX payout of 3k?