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About peanut835

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  1. Thanks again. I'm a little confused. What do you think about going at it like this? I use the 2003 agreement, if the JDB collector states that the agreement is outdated and they want to use a more recent one (assuming the judge sides with them), then I pull out the 2008 agreement which states to use NAF. However we know NAF is no longer an option and I can argue that in the past JAMS was used so it is definitely a viable substitute. That way it only makes sense to use JAMS instead of AAA. Thoughts?
  2. Account was opened in 2007 default was in 2008. Couldn't I argue that if they have the right to chose I do as well? In my original thread "Savior" posted "...... my 2006 agreement states that " If the NAF is unable or unwilling to act as arbitrator, we may substitute another nationally recognized, independent arbitration organization that uses a similar code of procedure." Your 2008 agreement may have similar language. I elected arbitration with JAMS against BofA using the theory that if they can substitute, so could I. BofA dismissed the day before trial." What do you think should I use the 2
  3. Can you just check my demand to file arbitration really quick please Was served summons, agreement states NAF but NAF can no longer handle consumer claims so demanding JAMS. Need fees advanced. peanut835 planters way Cavalry SPV I, LLC Hawthorne, NY August 16, 2012 Civil Action No. xxxxxxxxx NOTICE OF ARBITRATION ELECTION Pursuant to Bank of America credit agreement, I ELECT arbitration via “JAMS” to resolve all of our disputes. As per the agreement, "YOU UNDERSTAND AND AGREE THAT IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, THIS ARBITRATION SECTION PRECLUDES YOU AND US FROM HAVING A RIGHT
  4. Hello, here is my original post After some reading and some advice from some of the wonderful users I have determined to go into arbitration. (Feel free to read original post) My questions are how do I go about demanding arbitration? The law suit has been served however I still have 10-15 days to file my answers to the complaint. To demand arbitration, do I submit answers to my complaint, and put a clause somewhere on it stating that I elect arbitr
  5. So how do I demand to go into arbitration? I have some time before I am obliged to submit my response to the complaint but I want to take it into arbitration. Do I still need to submit my responses or can I just submit my demand for arb? Also how do I go about it? Which parties need to be informed? Lawyer, Court, BOA?
  6. Thanks a lot for your input. However MA S.O.L. is 6 years. It's Delaware's SOL that is 3 years. In MA where the "Agreement" was signed I am still within the SOL, hence why I was wondering if I could push it into ARB and have them determine that the choice of law would be Delaware. Simply, because in the "Agreement", B.O.A. clearly states that they use Delaware law to determine things such as credit lines and interest rates because B.O.A. is a Delaware based company as most banks are. Please advise. Cheers
  7. Haha thanks man. I have no idea what I need to do to proceed. I am brand new to this and have a few questions. 1.) Can I use the 2003 agreement even though my account was opened in '07 and closed in '08.? I would prefer JAMS 2.) If I do take this to arbitration, do I still need to submit answers to the complaints? 3.) What is the likelihood that JAMS will take the S.O.L. from Delaware vs Massachusetts into account when it comes to this particular case? What steps do I take? -Contact JAMS -Send letter to court -Send letter to lawyer
  8. Thanks for the quick reply(s) Kent & ColtFan Unfortunately I still can not post links but I do have the actual files for both the 2003 agreement and the 2008 agreement in PDF forms. Again please let me know if anyone needs them 2003 Arbitration Clause is as Follow Bank of America 2008 Arbitration Clause is as follows Sorry for the long posts guys. I just want to help you out as best I can so you can help me. Please let me know how you recommend I should proceed. Thanks again and let me know if you need any more information. Cheers
  9. Hi guys, so I opened a CC when I was 18 (2008) for some reason they gave me a huge limit I was careless and now I am being sued. I did a lot of research in the forum and think I still might have a chance, but this is where I ask you guys who have way more experience in this then I do. I noticed that I should have sent a "DV letter" to the lawyer however I never received anything before the summons, I def. would have sent it and sent the case right into arbitration but now I have 20 days to respond to the complaint and provide my answers and it's too late to ask for a "DV Letter" I know that i