lilq Posted December 23, 2009 Report Share Posted December 23, 2009 We received a letter by Fed X yesterday. It was from a Capital One attorney asking if we could work something out before going to JAMS.You said this would happen Trueq. So my question is this: We are supposed to call today. What should we say to them?We aren't going to offer a settlement because we already did that and they turned it down. So, what should I say to this lawyer from Cap One when I call today???? Link to comment Share on other sites More sharing options...
trueq Posted December 23, 2009 Report Share Posted December 23, 2009 David got an offer for mutual dismissal ($0 changing hands for both sides) from Cap1 on his 4 cases.Mutual dismissal is what both of you want. You want out on the Cap1 claims. Cap1 wants out of the expense of JAMS arbitration.I'd offer mutual dismissal with prejudice. (after all, dismissal with prejudice of Cap1's claims is what we were after.)If you have debt colletion claims, you are better served suing the Cap1 lawyer!So don't release their lawyer!Cap1 did counterclaim in my JAMS case for the debt. I'm going to MTD, object, and attempt to quash their counterclaim, but it looks like me and CAp1 are going the full 10 rounds. Link to comment Share on other sites More sharing options...
FlaLawyer Posted December 23, 2009 Report Share Posted December 23, 2009 The letters may be based on the amount of debt at issue. All of David's cases with Cap One are small claims (under 5K) actions. You may find that as the amount at issue gets larger the OC will be more likely to go through with the arbitration. Link to comment Share on other sites More sharing options...
MG05 Posted December 23, 2009 Report Share Posted December 23, 2009 The letters may be based on the amount of debt at issue. All of David's cases with Cap One are small claims (under 5K) actions. You may find that as the amount at issue gets larger the OC will be more likely to go through with the arbitration.Nuisance arbitration on a debt they may never collect … If I was Capital One … I would write it off! Link to comment Share on other sites More sharing options...
MG05 Posted December 23, 2009 Report Share Posted December 23, 2009 lilq ... Please keep us posted on your situation ... Merry Christmas Link to comment Share on other sites More sharing options...
lilq Posted December 23, 2009 Author Report Share Posted December 23, 2009 this is small claims. Under 1800. We have filed a 3,000 claim. So mutual dismissal it is. Link to comment Share on other sites More sharing options...
david9041 Posted December 23, 2009 Report Share Posted December 23, 2009 this is small claims. Under 1800. We have filed a 3,000 claim. So mutual dismissal it is.lilq , GOOD LUCK Link to comment Share on other sites More sharing options...
MG05 Posted December 23, 2009 Report Share Posted December 23, 2009 this is small claims. Under 1800. We have filed a 3,000 claim. So mutual dismissal it is.Very nice ... Merry Christmas! Link to comment Share on other sites More sharing options...
trueq Posted December 24, 2009 Report Share Posted December 24, 2009 I want to add you to the arbitration scoreboard!Remember you can still sue Cap1 attorney for debt collection violations if you want to be feisty.THE LEARNING HERE SEEMS TO BE: CAP1 WILL DISMISS SMALL CLAIMS (BECAUSE OF THE ARBITRATION EXPENSE), BUT SEEMS WILLING TO PURSUE LARGE CLAIMS IN JAMS!Everyone take note.Now whether Cap1 can maintain a large Cap1 counterclaim in JAMS for the debt will be a fight...and naturally I will be on the forefront of this issue.Congrats to you all on taking Cap1 out!I'm very, very, impressed! Link to comment Share on other sites More sharing options...
GAMtgGuy Posted December 24, 2009 Report Share Posted December 24, 2009 this is small claims. Under 1800. We have filed a 3,000 claim. So mutual dismissal it is.Good luck Lilq and Happy Holidays! Link to comment Share on other sites More sharing options...
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