Brotherskeeper

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Brotherskeeper last won the day on October 22

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  1. @coolceruleanblue New York Consolidated Laws, Civil Practice Law and Rules - CVP Rule 3217. Voluntary discontinuance (c) Effect of discontinuance.  Unless otherwise stated in the notice, stipulation or order of discontinuance, the discontinuance is without prejudice, except that a discontinuance by means of notice operates as an adjudication on the merits if the party has once before discontinued by any method an action based on or including the same cause of action in a court of any state or the United States. (d) All notices, stipulations, or certificates pursuant to this rule
  2. @Racinghart03 I could not agree with you more! Thank you for expressing your appreciation for all of the dedicated and kind members here whose (strictly volunteered) contributions make this site a vital community.
  3. I'm going to have to leave any advice on this to those like @fisthardcheese who have actually been through arbitration many times. It's my understanding--although anecdotal--that Amex is not deterred by arbitration or its costs. I don't know if it's possible for Amex to combine all of its accounts with you into a single arbitration or not. If they can combine them, it removes the benefit to you of their excessive costs for 5 claims. I am not a lawyer. It's always best to seek professional advice, especially with debts this large. Amex is the original creditor and is not subject to the FDC
  4. Are these Amex accounts business accounts or personal accounts? If they are business accounts, you would not use the JAMS or AAA consumer rules. You would not have the protection of the consumer fee limits under the rules of JAMS or AAA.
  5. Some attorneys in California may be old enough to remember when the City of San Francisco sued the now-defunct National Arbitration Forum (NAF) over its unfair and unethical practices against consumers.
  6. (IANAL.) I vote for email. It takes pressure off to think and speak in the moment and leaves a paper trail. If negotiating with lawyers is your strong suit, then call.
  7. If this was a business loan, wouldn't arbitration be conducted using the business rules and fees rather than the consumer rules? @LaneBlane had a similar situation with a series of business loans with a personal guarantee.
  8. Sued by Velocity Investment for a debt (30k) from Lending club. Business got messed up and all the money gone. I responded (denied) and filled a motion for arbitration, the court sent a Scheduling conference email to me for this Friday. Pls, I need help on how to go about this.

    1) Should I call Velocity for a settlement, is it late?  2) What are my chances and best defense points upon arbitration if it is granted?  3) Any way out of this with my head high? 4) If I can negotiate, any idea on how velocity investment llc  goes in terms of how much percentage I am likely to get?

    Thanks so much for all that you guys do. 

    @fisthardcheese @BV80 @BrotherskeeperThanks for the anticipated response, Great guys!

  9. You put in the work on your MSJ opposition response and it paid off for you!
  10. @momof3kidsThanks for the update. I'm glad you retained an attorney and were able to get your answer filed before a default judgment was awarded against you. Please come back and let us know the outcome of your case. Good luck!
  11. Fantastic outcome! It sounds like you had a pretty good judge yesterday. You were prepared for the hearing. The JDB's attorney didn't have a persuasive argument against your motion to compel or a legitmate objection he could muster. The judge decided you should prevail. Just so you know, in a couple of recent cases here on the forum, PRA has actually paid the initial filing fee for arbitration. I believe it has been where the debt amount is a little more than yours is. I would suggest you reread Fisthardcheese's pinned thread on arbitration now that your motion has been granted to see yo
  12. A court order in hand compelling them into arb, with a stay of the court case pending arbitration, puts you in a much stronger position than if you have to fight in court without knowing the outcome of your MTC, plus proceeding along in AAA with your arb claims.
  13. Yes--if your AAA demand claims are against PRA as assignee of Synchrony. If you have separate claims against the law firm, then you would list the firm on the Demand form. "6. Attach additional sheets or forms as needed." This AAA form asks for the Business name and address and the "Business’ Representative (if known):" and, 6". Please provide contact information for both the Consumer and the Business. Attach additional sheets or forms as needed." https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_3.pdf (IANAL) If you are electing arbitration per the