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Everything posted by nobk4me

  1. I agree with the folks here who have said to focus on the background and experiences of the potential arbitrators, not their ethnicity. Not all white people are your enemy, and not all people of color are your friends. For example, in the Chicago JAMS office there is an African-American woman arbitrator,. with the last name same as two recent presidents (41 and 43), who has a reputation (based on reports of people who had her as the arbitrator in their cases) as being anti-consumer and pro-creditor.
  2. I doubt it. But you could always ask the court clerk.
  3. OK, I have been thinking about this. When an account is sold to a JDB, there should be 2 tradelines. One from the OC, and one from the JDB. The tradeline from the OC should indicate it was transferred or sold to another lender. I can see the JDB removing its tradeline, as you have described. But that shouldn't have any impact on the OC's tradeline, which should remain for the full 7 years. If I am understanding correctly, the OP is saying the OC's tradeline is gone as well. I doubt if the JDB could control how the OC reports to the credit bureaus.
  4. How long ago was the bankruptcy? That should have discharged all the debts you had at that time, so they should not be reporting, no matter what.
  5. Maybe I missed it, but what was the last payment date on this account? The reason I ask is Florida has a borrowing statute for SOL. Barclays is in Delaware, where the SOL is 3 years. That the account is not on your credit reports suggests it might be too old to sue on. If your last payment was more than 3 years before the date the plaintiff filed suit, you should have a SOL defense, which I would use instead of arbitration. (But arbitration should work, too.) SOL case law: L.W.T. v. Brodsky, 2006 WL 3617983 (Fla. Cir. Ct. 2006)
  6. Oh, and unless there is an actual hearing or trial, you will be dealing with the court clerk when filing papers. Not the judge. In fact, the judge shouldn't be communicating with you, without the other party present. That's ex parte communication, which is forbidden. It works the other way too. The judge can't communicate only with the plaintiff, either.
  7. Here is a recent thread by an Ohioan. I have cited some Ohio case law there that may be of help to you.
  8. Some advice to others in Ohio: when you prepare the MTC Arb, include as part of your proposed order that the plaintiff be ordered to initiate the arbitration, in accordance with Capital One v. Rotman. Unless there is a valid reason for the defendant to want to initiate arb. Such as, the clause includes both JAMS and AAA, and the defendant prefers JAMS. If the plaintiff initiates, it's their choice, not yours.
  9. I was going to suggest, but it looks like it's gone?
  10. If you can't find a 2003 agreement, maybe you can find one from another date, when your account was active, and when arb was available?
  11. No, you don't have to inform the OC. Just the JDB's attorney. The OC is out of the picture at this point.
  12. This is what you can do: Synchrony has an excellent arbitration clause. Start studying the arbitration strategy now, so you will be prepared when they file suit. You can also send the law firm a DV/dispute letter. That might slow them down some, and maybe create some opportunity for violations.
  13. The case is stayed, which is the good news. The bad news is the court is requiring you to initiate the arbitration, which is contrary to Ohio law. You have two options: 1. just go ahead and initiate the arb with AAA; or 2. file a motion for reconsideration. citing the Capital One v. Rotman case. Option 1 has the disadvantage of costing you some money in arb fees (but, check the agreement, as sometimes they state the creditor will advance or pay for the arb filing fee). Option 1 has the advantage of complying with the court's order and probably bringing the case to a rapid end. Option 2 has the advantage of saving you the arb filing fee. The disadvantage is asking for reconsideration could give the court the opportunity to change their mind and deny your arb motion altogether. Perhaps unlikely, but you never know. Courts are often a crapshoot.
  14. Total BS. Consumer rules in both JAMS and AAA limit arb fees to the consumer: $250 for JAMS, $200 for AAA.
  15. And: if the plaintiff claims your motion should not be granted because you have not initiated the arbitration with the arb forum, no, that is not the law in Ohio. See Capital One v. Rotman It is the plaintiff's responsibility to initiate the arbitration. And this is a case from your appellate circuit (Cuyahoga Co.), so it is controlling law in your court.
  16. Note the language: We won't REQUIRE you to arbitrate . . . Meaning they can't force you to arbitrate. But you want arbitration. I don't see their language as a prohibition when you want to arbitrate, in those two cases.
  17. Yes, the OC's cardmember agreement applies to the JDB because the JDB steps into the shoes of the OC.
  18. More thoughts: First, who is suing you, the OC or a JDB? Who is the OC (just asking for terms of arb clause)? A JDB will usually fold when you go for arbitration, especially for the small amount in dispute here. Some things to keep in mind for the pretrial: if, in fact, the plaintiff's attorney is a no-show, you should make an oral motion to dismiss the case with prejudice. If the plaintiff does not respond to your motion (and JDBs sometimes don't), you should make note of that at the pretrial and demand that your MTC Arb be granted by default. After all, if the plaintiff filed a motion and you didn't answer, they would win by default. But don't be surprised if the court bends over backwards to accommodate them. No, they won't extend the same leniency to you. If they do send a local rent-a-lawyer, that too can be to your advantage. Arb is probably above their pay grade. They will probably request a continuance to get back to the plaintiff's counsel of record to see what to do.
  19. I think the judgment entry has to do with the order setting the pretrial. If there was a default judgment, there would be no pretrial.
  20. You will need to file a Motion to Compel Arbitration, too. It doesn't have to be filed with the answer, but you should do it relatively soon. Hold off on dealing with AAA. I would wait until the MTC Arb is ruled on for that.
  21. Sounds like you are dealing with a stupid clerk, and maybe a stupid court system as well, that doesn't know what a MTC Arb is. Also sounds like a pretrial hearing has been scheduled. You need to attend and argue for the MTC. I agree with Harry, if the motion has been denied, you should have received an order to that effect. Can you check if there is an online docket, maybe that will show the status of your motion? If you filed the motion correctly, with a copy to the plaintiff's counsel, and followed all the local rules too (sometimes these courts have fees for motions), then the court HAS to rule on it, They can't just ignore it. Ohio case law on this: Capital One v. Collins: (Note: if you didn't file the motion properly, file it again, correcting any deficiencies.) At the pretrial, you need to be forceful in arguing for arbitration. By filing the MTC, you have raised a jurisdictional issue that has to be addressed before anything else. The law greatly favors arb, so the law is on your side. No, you don't have to pay anything at the pretrial. But, you should be prepared for perhaps a less-than-neutral court magistrate to be very aggressive in urging you to settle with the plaintiff. You need to be firm and forceful. Don't let them browbeat or intimidate you. Stand your ground. YOU WANT ARB. It's your right under the law and the contract. Period. And, if you want to use the arbitration strategy, you don't want to engage in discovery. Doing so can waive your arbitration rights. If your MTC Arb is denied, I would not go ahead with discovery and the normal litigation process. You should have a right to an immediate appeal. That is what I would do.
  22. Are there other options/remedies you could try, if this was a borderline unethical company? Such as, contacting the state attorney general, Better Business Bureau, and any other consumer protection services/agencies. Ohio has a Consumer Sales Practices Act. Links:
  23. nobk4me


    You don't file a counterclaim for arbitration. You file a Motion to Compel Arbitration. Filing a counterclaim would be invoking the court's jurisdiction, which you don't want to do, as that may waive your arbitration rights.
  24. I would file the motion to dismiss. The worst thing the court could do is deny it, so you can move on to arb. (You would also have a great issue for appeal.) The best thing the court can do is grant it. If you don't file the motion, it can't be granted. Be sure to check the court's local rules (usually found on the court's website) to see if the court has any special rules that need to be followed, in addition to the Ohio Rules of Civil Procedure.