lheart

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lheart last won the day on June 21 2015

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  1. This is the power of arbitration and good negotiation. When faced with the actual cost of a contested arbitration, even in AAA, the cost/benefit analysis gets so skewed that even a debt over $10K looks better to their bottom line to pay you to just go away. That is why you must fight an insist they both they and the forum follow all of the consumer protocols. Good job amyw. It also doesn't hurt that in Ohio, they cannot ask for ANY attorneys fees. They are likely offering, "Go, away and don't make us arbitrate!" money. Accept the 1099 for the money they pay
  2. Thanks for the updated JAMS link. A quick look and sort shows that NO consumer paid either JAMS fees or attorney's fees for credit card cases even when the case went to hearing and award. (There were a couple of automobile claims where the consumer got stuck with attorney's fees.) There is a lot of good info there if you take the time to parse it.
  3. Notice they are asking for attorney fees for responding to "your friends" motion to dismiss. If the judge finds the motion frivolous, you may have just increased "your friends" judgement. There is a reason the court does not allow non lawyers to prepare filings for others. I would file a simple denial with arbitration as an affirmative defense, and get this out of court. For a $1k claim, the attorneys fees could be half of that for that MTD.
  4. Do not get too concerned or tripped up on the Nature of Claim. Arbitration is not as stringent as court. The previous suggestion was fine. The confusion comes from the fact, the plaintiff in the case SHOULD be the one to initiate the arbitration. When dealing with reluctant collectors it is recommended that the consumer initiate even without counterclaims. So the effect is you feel as though you are filing a claim against yourself. This is still fine because the Demand for Arbitration, does not bind or restrict you to any particular cause, claim or defense. It is simply a way to make
  5. Those of us who are honest will admit that we all started with silly questions and not enough time to have them answered before we needed to do something. I went to my court to pull previous cases to see how other people answered credit card lawsuits. These were still hard copy records. The clerk told me if I was not an attorney, I was not allowed to see them. I told her they are public record and I had every right to them and insisted that she get her supervisor. She came back upset and wanted to know why I needed so many files, but she did pull them. Clerks are like every other profe
  6. File the claim with JAMS. The nature of the dispute as stated by firsthardcheese can be: "Consumer Credit Dispute". Do not send in the initial payment. I think Discover has a provision that if you ask, they will consider paying. They likely will not, but give them a chance to consider and that will buy you time. Clerks are not legally trained. They only know what they see each day. Most attorneys would not file the way you did, so they do not know that it is ok. You have to insist that they do what you ask.
  7. Search the board for generic answers for lawsuits. Include the affirmative defense of: Arbitration - there is an binding arbitration agreement to covers this claim. You can then proceed to file a Demand with JAMS, which will include instructions to send a copy to the plaintiff. The address for the copy to the plaintiff will be listed in the Arbitration Agreement. Also send a copy to the attorney representing them in court. The FAA is the governing law you want to use, not GA. GA is non-binding for consumer debt of less than $25,000 according to the link from debtzapper. Once you recei
  8. Late to the party. File the demand with JAMS. The OC's have started filing with AAA if the consumer compels arbitration, but has not initiated it yet. Include that in your Motion to Compel letting Discover and the court know that JAMS is the venue of choice.
  9. You will be admitting having a contract with CIT, you are not admitting the debt. You are also not admitting you owe the plaintiff since you never had a relationship with them, and they have not proved standing. But since they are alleging standing, you are enforcing a portion of the agreement. Court of Law not Court of Logic. Do not file a motion to stay discovery. There is no need to. Just respond with the blanket objection based on pending arbitration. There is already a motion to stay before the court and a hearing scheduled, filing another one will not accomplish anything.
  10. Object to all of them on the basis the arbitration forum will decide the scope of discovery. This is sent back to the plaintiff, not the court. Do not send any discovery of your own. You may waive arbitration.
  11. The follow up will be: If you do not recognize the account or the creditor, how can you attest that this is an accurate copy of the agreement? The challenge ProSe's face is it is a "Court of Law" not a "Court of Common Sense" of a "Court of Logic." For the agreement to be binding there needs to be an offer and acceptance. If you are saying you do not recognize the account, then you are saying there was no acceptance on your part. Which is fine if you want to argue Lack of Standing. At the hearing they will ask you where you downloaded the copy from and you need to be prepared to answer
  12. Why is everyone taking this so personal? I questioned your grasp of hearsay in the context of laying foundation of a valid contract. Why is that a personal attack? I explained why I thought you were wrong with Federal rules and case law cites. Your response was to repeat what you said before. I chose to end the discord because I could not persuade you and I thought it was becoming a distraction. All I care about is that the OP has the best position to defeat this non-sense. Based on his questions he/he does not have the legal depth or experience that you and I have. I thought it was a
  13. Is your lawsuit based on the purchase of a Dell computer? The case you listed will be helpful. And since it is a court record, it is self-authenticating. But I would still focus on how you will answer questions about your submitted agreement. Where did you get it? Why do you believe it is the agreement that covers the issue of the current lawsuit? While them using a similar agreement in another lawsuit is supporting evidence, they are going to attack your foundation of the current agreement before this court.
  14. @bassplayr Private contractual arbitration is expensive for them. That is why they are fighting this. If the MTC arbitration is granted, it will cost them in the neighborhood of $2,500 - $5,000 to proceed to arbitration depending on the forum. The forum rules state that the consumers only cost is $250 or less. Reading the other threads on the current state of consumer arbitration with JAMS and AAA will explain this more than I can in this thread. But I agree and like your focus on the basics of what the plaintiff is arguing. They are saying there is currently no valid contract before