Vaness@

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About Vaness@

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  1. Hello! Me again... So emailed the JDB after received the JAMS instruction to pay for the $250 by next week to start case (JDB will have to pay $1500) Didn't hear from them... I called them, it's a collection calling center ... Someone called me back, she tried to talk numbers resolve and I told her I would not discuss anything other than the dismissal of case (the one they filed against me and the one I did with arbitration). She said she would not (even though she's not an attorney) because they can't dismiss the case amd the. If we don't reach an agreement, they would have to pay a filing fee again to refile! So now I have to pay $250 by next week to JAMS, unless there is another tactic I can utilize?... I want this over with! And I don't think these people know a thing... She claimed she did not receive any of my paperwork (MTC, arbitration etc) thank God I sent certified!!!! What can I do next? Thank you experts! Having you all makes me feel more in control!
  2. Ok I sent them email and gave them until Friday to respond/agree or not. I am getting ready to do the dismiss with prejudice, I found this template online, will this work? https://www.pdffiller.com/jsfiller-desk11/?requestHash=1e4b49e7089ed8fcc9e9fbdf5ce8586f07a8117c425064f567c4e7d02ebabe1f&et=l2f&projectId=562537758#7d94f8a6ee183887ed9918fc6a8a5eba
  3. I finally got the letter from JAMS. I have to respond by 10/29/2020. I'm going to review the info on @fisthardcheese and see how to proceed. The DJB sent me a letter yesterday saying they want to work with me! Any advice?
  4. Thank you @fisthardcheese I honestly had a mental block - I read thoroughly and have submitted the paperwork to JAMS (triple checked their requirements) along with a cover letter asking them to bill the company for and sent a Certified mail to the attorney as well. Thanks again for your help! even at times reiterating what was already in front of my face... this thing can really take a toll but its also rewarding to advocate for yourself! This is the sample I sent to JAMS as cover letter: September 15, 2020 JAMS RESOLUTION CENTER [ADDRESS] Re: [VANESSA ] v. [ ]. I am opening a new arbitration case under a court order. I am formally requesting JAMS to bill the consumer portion of the filing fee to the Respondent per the enclosed contract. _________________________________ NAME _______________ Date
  5. Ok, will do Thanks again! please dont get tired of hearing it because I am so thankful. This situation has my nerves wrecked. I am completing the form now, what do you suggest I put in the following: MEDIATION IN ADVANCE OF THE ARBITRATION If mediation in advance of the arbitration is desired, please check here and a JAMS Case Manager will assist the parties in coordinating a mediation session. (SHOULD I CHECK YES ON THIS?) NATURE OF DISPUTE / CLAIMS & RELIEF SOUGHT BY CLAIMANT CLAIMANT HEREBY DEMANDS THAT YOU SUBMIT THE FOLLOWING DISPUTE TO FINAL AND BINDING ARBITRATION. A MORE DETAILED STATEMENT OF CLAIMS MAY BE ATTACHED IF NEEDED. (I have no idea what to write on here???) ARBITRATION AGREEMENT ARBITRATION PROVISION LOCATION This demand is made pursuant to the arbitration agreement which the parties made as follows. Please cite location of arbitration provision and attach two copies of entire agreement. (I want it in Orlando, where I live, I have a small son and no help so I can't go anywhere easy... is that all they are requesting?) By checking the box to the left, Claimant requests that the Expedited Procedures described in JAMS Comprehensive Rules 16.1 and 16.2 be applied in this matter. Respondent shall indicate not later than seven (7) days from the date this Demand is served whether it agrees to the Expedited Procedures. (do I want to expedite this? or is it better to drag it out??) I dont have an address for the JDB - i googled it but they have many addresses in different states - I do have the representative attorney... does it matter which address I put for the JDB?
  6. They never answered my email... I received the letter back from the court (the one submitted in the packet, the last page) The judge checked off on the Granted but did NOT state a date - so where it says further, this case shall be stayed pending the outcome of private arbitration This _____ day of ___ 2020 was left blank.... This is the card agreement term: "We will pay our share of the filing, administrative, hearing and Arbiter’s fees. At your request, we will advance your share of these fees if you act in good faith and cannot get a waiver. We will always pay these fees if required under applicable law or the arbitration company’s rules or if payment is required to enforce this Clause. When will we cover your legal fees and costs? If you win. If you win an individual arbitration, we will pay your reasonable fees and costs for attorneys, experts, and witnesses. We will also pay these amounts if required under applicable law or the arbitration company’s rules or if payment is required to enforce this Clause. The Arbiter shall not limit his or her award of these amounts because your Dispute is for a small amount. In situations other than those described in this answer, you will be responsible for your own attorney fees and other expenses. Will you ever owe us for arbitration or attorneys’ fees? Under certain circumstances. The Arbiter can require you to pay our fees if (1) permitted under applicable law or if the Arbiter finds that you have acted in bad faith (as measured by the standards set forth in Federal Rule of Civil Procedure 11 (b)); and (2) this power does not make this Clause invalid. Can a failure to resolve a Dispute informally result in a larger recovery for you? Yes. You are entitled to an arbitration award of at least $7,500 if: (1) you give us notice of a Dispute on your own behalf (and not on behalf of any other party) and comply with all of the requirements of this Clause (including the requirements described in response to the question reading “What must a party do before starting a lawsuit or arbitration?”); (2) we refuse to provide you with the relief you request before an Arbiter is appointed; and (3) the Arbiter awards you money damages greater than the last amount you requested at least ten days before the arbitration commenced. This is in addition to the attorneys’ fees and expenses (including expert witness fees and costs) to which you are otherwise entitled. This $7,500 minimum award is a single award that applies to all Disputes you have raised or could have raised in the arbitration. Multiple awards of $7,500 are not contemplated by this Clause. Settlement demands and offers are strictly confidential. They may not be used in any proceeding by either party except to justify a minimum recovery of $7,500
  7. Goodness I feel like such a moron! and quite honestly, I think I have a mental block with all of this! (I promise I am usually sharp!) but I am so nervous about the next step and what follows that I divert into a kindergartner... Thankful everyday for this forum! I will be completing the form today/tomorrow. Do I have a specific time to file this? or should I file and then reach out to the company? And lastly, any way I can get some major assistance with completing all the questions in the form?
  8. Do I have to submit these fees??? D. Administrative Fees • For two-party matters, the Filing Fee is $1,750. For matters involving three or more parties, the filing fee is $3,000. The entire Filing Fee must be paid in full to expedite the commencement of the proceedings. Thereafter, a Case Management Fee of 12% will be assessed against all Professional Fees, including time spent for hearings, pre- and post-hearing reading and research and award preparation. JAMS also charges a $1,750 filing fee for counterclaims. For matters involving consumers, the consumer is only required to pay $250. See JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses. For matters based on a clause or agreement that is required as a condition of employment, the employee is only required to pay $400. See JAMS Policy on Employment Arbitrations, Minimum Standards of Fairness. JAMS may apply its Employment Minimum Standards where an individual claims to have been misclassified as an independent contractor or otherwise improperly placed into a category other than employee or applicant for employment. • A refund of $875 will be issued if the matter is withdrawn within five days of filing. After five days, the filing fee is non-refundable.
  9. I was reading thru your post, it says: "Go to the website of either AAA or JAMS, depending on which one your card agreement mentions. Find the document titled "Demand for Arbitration". The instructions for filing are at the top of this Demand form. Remember that you are filing for CONSUMER arbitration, so follow the instructions for CONSUMER cases. When filing arbitration, I very strongly recommend filing some claim against the JDB. Remember that when you ask for arbitration and file it, you have now flipped the roles. YOU are the "Claimant" and THEY are the "respondent". Ok, so I went to the website and these are all the forms available, none are for filing a case as a consumer... https://www.jamsadr.com/rules-download/ Any guindance on what I need to do? @fisthardcheese @BV80
  10. Hiii All! I got a letter from judge granting arbitration! @fisthardcheese What is the next step?
  11. Yes, the email came from the law firm that is suing me. I couldn't see an amount for settlement, I have to contact them for an amount, wasn't sure how that worked since I submitted the MTC. So I emailed them back what you suggested ...
  12. Currently I am waiting on judge to approve arbitration. I filed MTC last friday, I sent the attorneys a certified copy of the MTC which they received Monday and Wednesday I received that email from the attorney... They had never sent me an email or any notification at all prior so... I did email them back asking them how their email affect the case, so I am awaiting to see their response, if any. The arbitration clause extends to OC or their attorneys. I will review it, read it carefully and give feedback.... I can't help but to be so thankful each and everytime for this forum!!! You guys are just incredible!!!!!!!
  13. Ok, I am going to email them your first suggestion and see what they say...
  14. ❤️ I will absolutely respond how you suggested. (I too, like to go about things more aggressively) especially since they were the 3rd collection company that bought the debt in March and in June they sued me... What would you say to alert them this is a potential violation of the FDCPA?