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FrankinVA

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FrankinVA last won the day on May 26

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  1. @WhoCares1000 thanks for the information. I don’t think this is even on my credit report but will check it out.
  2. Awesome thank you. The SOL is long past so not going to refile, and they are very incompetent.
  3. Update: got a letter from JDB requesting the court to non suit the case. Is is a dismissal?
  4. @BackFromTheDebt Thank you so much for your response.
  5. I’m in a situation similar to @Sgrady. My MTC with AAA was granted and the JDB is just refusing to communicate or participate in arbitration. Initially, they did not show up to the MTC hearing and no response to initial letter, arbitration demand, or initial request from AAA to submit payment. Following their payment deadline, JDB sent a short email to AAA (and cc me) saying they will not be participating in the arbitration. I replied that it was court ordered, and they finally responded that they could not discuss this matter with me as I was represented by counsel, to which I replied I was pro se. They never responded and they know I am pro se, so not sure what is going on with them. Any advice on what I should do next, if anything at all. Also, what happens that they are refusing to participate in arbitration, especially as the arbitration clause is from the Bill of Particulars they submitted. Thanks
  6. Hi all! An update on my case, arbitration was filed with AAA and JDB has gone completely MIA. Initially, AAA considered the contract and decided that to initiate I should pay the $200 fee (entire amount for consumer) and be reimbursed by the company (JDB). I did and things began. Now the JDB is to pay their first portion of $3,300.00, but they have missed that deadline and still no communication from them. My question is, what happens to them if they just refuse to take any action? In a few months we are due back in court for a civil hearing. The MTC & arbitration were sent certified. Is there anything I should do and how do I request through court to get my money back? Thanks & Happy 4th of July💥✨
  7. Great info! I think most folks don’t know about not getting court or attorney’s fees! Have been thinking that there needs to be a better way to get this out to the public, have no idea how.
  8. Good idea, would never have thought of that. Thanks
  9. Unfortunately JAMS is not an option in the arbitration clause. Thanks though.
  10. Just saw this in the AAA site. Can someone dumb this down for me? Will this be a problem when trying to file after getting MTC granted by court?
  11. I was surprised they didn’t even show up. I was so nervous, did not even think of trying anything new. In my head, I was ready to discuss Virginia cases and contents of the arbitration clause, thankfully none was necessary.
  12. Update - Friends, MTC was granted👍. Very simple! Wanted to thank everyone for the help, suggestions, & support. If I can be of any assistance to others, please don’t hesitate.
  13. Reading over the Arbitration clause, the is a section that I am not sure about. It says “AS AN EXCEPTION TO THIS ARBITRATION AGREEMENT, YOU RETAIN THE RIGHT TO PURSUE IN A SMALL CLAIMS COURT ANY CLAIM THAT IS WITHIN THE COURT’S JURISDICTION AND PROCEEDS ON AN INDIVIDUAL BASIS. IF A PARTY ELECTS TO ARBITRATE A CLAIM, THE ARBITRATION WILL BE CONDUCTED AS AN INDIVIDUAL ACTION...” Will this be a problem in getting MTC granted? This case is in general district court now. Any interpretation would be appreciated.
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