childofares

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  1. As some know, I had filed arb with JAMS against Cap1 after a very bad court experience. Cap1 contacted me, (not WW andRthe lawyers) and said they would like to work something out. I cannot go into details here for nondisclosure reasons but We agreed on a sum about 1/8th what they were suing me for. I didn't even get a chance to offer (I was going to offer higher actually) as the extremely nice lady threw that number out there. I do have to say after dealing with Cap1 rent a lawyers it was refreshing to have someone be respectful and helpful. They also agreed to let me choose the day to pay them. Heck she was suggesting we set a date way after I was going to pay. She is fed-exing me the contract to look over and she also is supplying a trans of the convo. I already have one actually but whatever. So in a week or so Cap 1 is out of my life. Barring any issues I would like to thank everyone here! I know there are some no longer here that also helped so even if they won't see this, Thank you! I would have been stuck with a SJ and most likely lost my car if it wasn't for the advice here!
  2. My fax machine went down and before I could fax anything I received a lovely letter from Crap1 sent Fed Ex from one of the Crap 1 legal spe******ts that says in light of my recent arb demand that I contact them to resolve this before going ahead with arb. I guess this is good news since it was them that waved the white flag of negotiations first which I take to see that they really really don't want to have to pay all that money in arb fees for an 800 dollar alleged debt. I'm going to call them in the morning and listen to what they have to say then come in with a low offer and hope they take it
  3. Thanks all! I drafted a fax and put a call in to WW&R that I am faxing them something in the AM. We'll see how it goes but I'm hoping for the best. Hopefully I can update with some good news!
  4. I've had a few posts so I'll quickly summarize. Crap1 filed a MSJ. Typical small town court here with a judge that was furious at the idea of me daring to enter his courtroom as I'm not a lawyer. He pretty much told me he was going to smack me with a SJ next time I showed my face in his courtroom. My discovery was a joke. They sent me 2 pages on why they don't need to send me what I asked for and a few old statements and the arb agreement. Filed with JAMS, the crap1 rent a lawyer backed off then filed a motion staying arb. I got the notice for court at 4:30 in the afternoon the day before. I called the court and the Crap1 attorney that I had not received the motion and had to work so I couldn't be there. Crap1 lawyer never mentioned she had spoken to me and the judge of course ruled in their favor. The next day I got both the motion heard the day before and the ruling of the judge in the mail. Crap 1 got him to rule that I should pay the 250 filing fee. Their motion said 90 days, the court paperwork says 60. I'm working that out with the lawyer but my question is this I'd like to offer the crap1 lawyers the chance to settle before I pay 250 dollars. I'm pretty sure they don't want to pay 800 in filing plus whatever it costs to fly a judge from Las vegas to KY and sit around for an $800.00 cc bill. I subtracted all the overdraft fee's and late fee's and came up with a figure of 300.00 that includes the annual fee they charged. I'd like to only offer that but what kind of wording should I use? Should I mail it, fax it, or call? I assume I should ask for something so they can't come back on me some day but I'm not sure if there is a legal way they need to do that. Can someone help me out?
  5. I'm a bit calmer now and that's ok. Looking at the paperwork i have 90 days to pay the 250.00. That's OK. I'm still going to look for an appeal or whatever and I'm looking for a violation to smack Cap1 upside the head with, but if worse comes to worse, I get my student loans In the middle of Sept and I'll just pay it and wait for them to make the next move. i hope WW&R rot in a fiery pit of karma
  6. I called both the court and the local attorney that crap1 hired. My neighbor is the local jailer and he told me the judge was given the message and that the local attorney played dumb even though I talked to her. k I got the paperwork and my neighbor left out a few things like the judge ruled that I have to pay 250.00 to initiate arb even though JAMS has already told crap 1 to pay it. How can he legally rule on this? Isn't this a violation since the whole purpose of filing was to get OUT of that hellhole courtroom and the Barny Fife judge?
  7. But wouldn't a SJ be thrown out seeing as how they are admitting arbitration has occurred?
  8. I got my paperwork back from JAMS. Crap 1 rescinded their MSJ. Today I got a paper from Crap 1 lawyers that they filed a motion to stay pending arbitration that is being heard TOMORROW at 9am. It wasn't even signed as mailed out until the 19th! I can't go to court tomorrow! Is there anything I can do or do I have to appear at this?
  9. Are there any actual issues with the amount? What I mean is are you just trying to buy time or is there a disagreement over money owed? Arb from my side was that the debt they say I owe I disagreed with and it was under $1000.00. With a 30K debt I have to agree with the above and say it just might be worth your time to talk to a lawyer. Maybe one with a free initial consultation? I can't see Cap1 letting this one go unless they have shoddy work into this and from my experience with Cap1, they usually keep very good records if they have held on to the original debt.
  10. I filed arbitration with JAMS and sent notice and everything to WW&R. They has yet another MSJ scheduled and I've been scrambling to get stuff printed up. Today in the mail I got a letter from them stating that the MSJ has been withdrawn. Yay. Now I'm just waiting to hear from JAMS and see if Cap1 will actually pay the fee's. Even if they do, even if I lose, at least I have some time now that I can come back and make an offer to settle. Thank you so much for everyone in this arb forum. I know it's still a prickly topic on this board if it works or not but I will say for me that electing arbitration has so far worked for exactly what I wanted it to do. I now have some bargaining time. If I had remained in the court that judge would have slapped me with a SJ so fast my head would have spun. I know that. He basically told me that at the last court date. Now I have at least a little leverage against Cap1 as lets face it, who wants to pay more in filing fee's than what they claim I owe? I'll be keeping everyone updated!
  11. If it's not too much trouble can you also send it to me please? Thank you very much in advance if you see this!
  12. I had to call JAMS today about a question on my paperwork and it was amazing how nice and helpful they were. Not treating me like a scumbag like that judge does! It's going to be epic if the judge gets snotty because if it wasn't for him constantly pointing out how I'm not a lawyer and don't understand the law, I never would have filed arbitration I hope I don't have to appeal but I'm going to be prepared just in case. I actually already have that form printed up
  13. You are amazing! Thank you so much! Edit: Seriously. Thank you. I cannot express how grateful I am for you finding this for me. You gave me exactly what I need when the judge starts yelling at me. (he always does, I just sit there and wait for the verbal abuse to end and we can move on) I got my JAMS paperwork filled out and I faxed as well as cerified mail a letter letting Weinburg and jerks that I am electing arbitration. Hopefully, they will pull the case from the docket but I doubt it. Now I'm drafting the thing to stay. I haven't slept in months worrying over this and while I probably still won't for awhile, I finally have a little bit of hope. If I can just hold out til Sept when my fin aid comes in, I will make an offer to settle but NOT for the ridiculous amount of fee's and interest they are claiming!
  14. I have studied the KY rules for civil procedure and I can't find a single thing that pertains to arbitration or a timeline. I'll keep looking though I KNOW this judge is going to do what he can to grant them a SJ. The dislike for me oozes out of him which honestly baffles me as I've been nothing but polite and stated I would only like a correct accounting as I feel it is incorrect. Course it's a small town so for all I know I cut him off on the street some time and this is payback. Perhaps I should make a call to the law library in Louisville?
  15. I've had a few posts on here. Now I'm just going to say right off that if I continue to try to fight a summary judgement I'm going to lose. The judge has already told me his disgust that I have come before him not as a lawyer and he has it pretty much set that I owe Cap1. He denies every motion even if they are my right. So now that that is said I'm thinking the ONLY way to have things done fairly is through arbitration. The problem? The judge never dismissed SJ so now Weltman Jerk and other Jerk have refiled (for the 3rd time) a motion for summary judgment. This court date is for the 14th. I downloaded and printed out the paperwork for JAMS and am trying to figure out how to fill it out but my questions 1. At this time is all I need to send the court and the lawyers a letter that I am electing arbitration? Or do I need to send the JAMS paperwork with it? 2. I have no local JAMS office. Should I just choose any of them? 3. I've looked several times but I cannot see any KY rules about electing arb after discovery. I read somewhere on here that if you elect discovery you may have lost your right to elect arb. OK I think that is it. Oh discovery did provide a nice arbitration agreement I didn't have before. EDIT: one more question. Since this judge has made no bones about wanting to stick me with a SJ, can he legally deny me electing arbitration?