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Everything posted by nobk4me

  1. These are objections you file with the court, pursuant to your state's arbitration laws, and potentially the Federal Arbitration Act. An arb award is not enforceable by itself. An arb forum can't issue orders to garnish wages, for example. That's why an arb award is confirmed as a judgment in a court.
  2. You can file objections in the court, arguing that the arb award should not be confirmed.
  3. Not all judgments get reported on your credit. I think recent law or rule changes made it more difficult for judgments to be reported.
  4. But the way arb law works, at least in Ohio, is that an arb award is turned into a judgment. The prevailing party can apply to a court of common pleas to confirm the award as a judgment.
  5. But this is the first time I am aware of that a JDB has taken an arb case all the way, paid all the fees, and got the arbitrator to hit the consumer with the fees. I know there have been cases where the OC has taken an arb case all the way through and won. Yes, it probably would be reversed on appeal. But, if an appeal costs $6K, that is not an option for most consumers. And they (the JDB and the bad arbitrator) know it. I feel so bad for the OP. We all told her this was the sure way to beat a JDB, that they would drop the case rather than go through arb.
  6. Look at catlady22's thread. She updated it with the language of that unfortunate decision. In it the lousy arbitrator refers to a section of AAA's consumer ruled with regard to frivolous claims and awarding arb fees. I'm not that familiar with AAA. Maybe it's not just a clause in the cardmember agreement. I too think the decision would have been reversed on appeal. But this adds another layer of risk and uncertainty to the arb strategy. See also some suggestions I made in her thread about making the plaintiff initiate to potentially avoid this.
  7. A very unfortunate decision. And it sounds like the arbitrator doesn't even understand arb law. An arb award is worthless unless confirmed in court as a judgment. The party that prevailed has up to a year to confirm it in court. I don't see how he can dictate that you have to pay in 30 days and assign interest. Statutory interest on a judgment is set by a court. Edited to add: then again, since I have never seen the language of an arb award, maybe this is standard. I don't know.
  8. Are you being sued in small claims court? In some states JDB can't use small claims court. Also, a clause saying they won't require you to arbitrate doesn't mean you can't choose arbitration. Comenity and Synchrony are two different companies. It's possible Synchrony acquired the account from Comenity, but I am not aware that they were ever involved with Paypal. The JDB would have to show a complete chain of custody.
  9. Most folks here say that approach, going to court and objecting to their evidence, doesn't work anymore. That's one reason so many of us favor arbitration. I don't know the procedures in your state, but typically these cases don't even get to a trial. What happens is the plaintiff files a motion for summary judgment, and they have statements and affidavits, even from the OC. Most likely you will lose. In reading catlady22's thread, I think the problem resulted from a clause in the cardmember agreement that allowed the assessment of fees to the consumer if their claims were frivolous.
  10. But the "why" goes to motive. No one really knows the defendant's motive, unless they reveal it. Maybe the motive is privacy. One of the advantages of arb is it is private, unlike court, where everything is a matter of public record. I prefer my financial affairs to be private. Or maybe the defendant wants to get out of a hostile, pro-creditor good ole boy local court and have the dispute heard in a neutral forum. One where the judge doesn't play golf with the creditor attorneys.
  11. @catlady22 Can you reveal the name of the arbitrator? You can PM me if you don't want to post it here. This is someone I certainly want to avoid. Their ruling on the fees is absolutely wrong, IMO. It sounds like you had serious TCPA claims. That you didn't prevail on them doesn't make them frivolous. Here's what I consider a frivolous claim: The plaintiff filed the lawsuit in the wrong phase of the moon.
  12. I've been thinking about how to defeat this, in future cases. (I know this won't help the OP.) I think defendants need to include in their MTC Arb a request that the court order the plaintiff to initiate the arb case. The JDB wouldn't be able to argue that an arbitration they themselves initiated is frivolous. In Ohio, there is excellent case law that requires the plaintiff to initiate arb. Capital One v. Rotman. In states without such case law, you can use the arguments in Rotman to ask the court to make the plaintiff initiate. Namely, it is ludicrous for the defendant to initiate
  13. This is an ominous development. I wondered if that is their strategy for combatting arb: pay the fees, go thru the arbitration, and then claim it was frivolous and stick the consumer with the fees. Was there any indication they were aware of your posting here? Maybe they wanted to make an example of you to scare others away from arb. I don't see how this could be frivolous when you are exercising your rights under the contract. Try to find FDCPA cases where PRA was sued by a consumer for violations, and PRA invoked the arb clause. If that was not frivolous, neither was your arb.
  14. Go with the arb strategy. It's the best way to beat a JDB. Participating in discovery may waive your arbitration rights, so I would advise against it. A lot of lawyers aren't very familiar with using arb. So don't assume because he is an attorney he has to know what's best. Also, first impressions are important. If he was rude and assumed you owe the money, that is a red flag. I would not used him or trust what he says.
  15. It sounds like you will be going to a court-sponsored arbitration. Which you don't want and which is not what is being addressed in this forum. What you want is private contractual arbitration with either AAA or JAMS. The reason behind this strategy is these arb forums are expensive, which makes it too costly for JDBs to bother with. They would rather drop the case and move on to easier prey. Try to find a card agreement for a year when the account was active. It doesn't have to be the year you opened the account. Then file a formal Motion to Compel Arbitration with the court, stressi
  16. Look into the arbitration strategy. And send them a DV/dispute letter, by certified mail. That should slow them down a bit, and maybe set up some violations on their part. CAs can't legally continue collection activities without validating the debt, but some of them do. Which becomes leverage for you.
  17. Barclay's uses Delaware law, where the SOL is 3 years. California has a borrowing statute. Case law is Resurgence v Chambers. When was the lawsuit filed? If after October 2019, you have a good SOL defense.
  18. Answer each question with the same objection that arb has been electee, etc. And yes, send it to the lawyer.
  19. Look into the arbitration strategy. That's the best way to beat a JDB. And if you are worried about creditors seizing bank accounts, take the money out and operate on a cash basis.
  20. If you want to use arb, file the MTC asap and do not answer their discovery. Answering it could waive your arb rights. But, you can't just ignore it either. You need to object to all of their discovery, on the grounds that arb has been elected, there is a jurisdictional motion pending before the court, and the scope of discovery will be determined by the arb forum.
  21. No, it's not true. Under the consumer rules of both AAA and JAMS, you only pay a filing fees. Max is $250 in JAMS. AAA is $200. You may qualify for a fee waiver in CA. All other costs are paid by the business.
  22. Who is the OC? If arbitration is an option, that is the best way to beat a JDB. Note that in FL you have to be careful not to waive arb rights. @fisthardcheese may know more on arb in FL.
  23. The court wants you to 1) cooperate; and 2) commence arb. So I would contact the JDB attorney and seek mutual dismissal. If they don't agree, then I would file in arb. And be ready to provide proof of initiation to the court.
  24. I would not file a MTD. If they fail to respond to your MTC then you should win by default. Your motion should be automatically granted. But don't be surprised if the court bends over backward to give them a chance to be heard. I had an almost identical scenario. The court scheduled a motion hearing even though the JDB failed to respond. But I won in the end, motion was granted. You just need to be patient. You will win this.
  25. Great news. But you must mean without prejudice, if they could file again. They probably won't, but if they do just do the same strategy, answer and file the MTC Arb again.