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chuckygee

Beat Cap1 Using Arbitration!

By chuckygee, in Arbitration

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chuckygee

chuckygee 28

Posted
Posted

Ok, it is finally over.

I cannot go into details because of a NDA. But here is the summary.

I was sued by Cap1 over a CC with a limit under $1,000. The same law firm then sent me a dunning letter for a second card same limit. They were asking for almost $2,000 for each.

I did not know how to do anything, so I goggled, and found this board.

I answered the suit and my answer was lousy. I denied the amount only. I didn't know not to deny everything. While reading and waiting, I sent a letter electing arbitration. It was ignored.

While waiting for a response from the “election of arbitration”, they filed a MSJ. They included a affidavit and copies of statements for about 4 years. Some of the statements were missing in the middle. I filled an objection to the motion based on what I learned from the board and waited. I then realized I should have filed an affidavit too since I had not provided any affirmative defenses in my answer. While preparing my affidavit, I decided to initiate with JAMS. I sent the paperwork to the required addresses and filed both the affidavit and addendum to objection to MSJ. Still waiting for the Non-Oral hearing, I was wondering if I had all my bases covered.

I decided to file a motion of my own. I filed a motion to compel arbitration and motion to stay. The motion was again based on what I learned here. I included an Order to Compel Arbitration and Motion to Stay so the judge just needed to sign. It was to be decided the same day as the MSJ.

The Non-Oral hearing came and went. I heard nothing. I called the court; they said the issue was not resolved yet. Next time I checked the website; a pre-trial had been scheduled, which means no Summary Judgment. But I still did not know about my motion.

The FedEx comes from Cap1 in house counsel. We negotiated over the next week and reached an amiable agreement. (Sorry cannot give details)

Went to courthouse to see file. Judge had signed the Order I had drawn up to compel arbitration and stay. Case was dismissed with prejudice (public record part of settlement).

Second case was resolved at the same time before litigation began.

Thank you everyone!

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joshman

joshman 10

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Posted (edited)

Congratulations! This forum has been incredibly helpful to me as well.

I'm kind of in the same boat as you were. Cap1 definitely wants to negotiate with me and avoid arbitration. At this point, I'm waiting to see what they're offering...

If you don't mind me asking, about how long did it take from the time you initiated with JAMS until you reached the agreement with Cap1? Just curious as to how long l can expect this whole thing to play out.

Edited by joshman
missed a word
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trueq

trueq 54

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It seems had you not pulled the arbitration card, you would have been racked up on SJ.

This is why I constantly preach...don't take SJ, screw them into arbitration.

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marl4

marl4 10

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Posted

Congrats chuckygee,

I'm glad everything went well. In the morning I will file my Notice of Apperance, & hopefully they will let me file the Motion to Compel ARB/Motion to Stay Pending ARB at the same time!

Congrats Again!!!

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keith1977

keith1977 10

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Posted

CONGRATS chuckygee!!

This is where I stand. Crap1 had filed in Richmond City.

I filed a motion to dismiss (denied)

Then a motion to change venue (granted)

Then I elected arb (ignored).

There was silence for about a month, then this past week I received a copy of a letter from crap1 attorneys to the clerk of the court in my jurisdiction electing a non suit in my case. Yesterday, the court sent me a copy of the summons from Richmond City and a letter stating that if I contest this both parties must appear in court on a mutually agreed upon date (the thing is they have already set a date for next month). I'll call the court tomorrow and go from there. Thanks again everyone!!

Keith

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chuckygee

chuckygee 28

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Keith,

Electing arbitration seems to be ignored. The only way you can move your case to arbitration is to file with JAMS yourself. Find your State Rules of Civil Procedure and find out how late in the process you can move to arbitration.

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BrokeBob

BrokeBob 161

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I will make this one post, as a favor to a former poster from the state of Wisconsin.

A former poster on this forum sent a number of us copies of a signed stipulated dismissal against an unnamed creditor whose name fits in with this thread for $150k of debt. I have seen it, lilq has seen it, and a few others have seen it. I have permission to show it to admin, but then, either ALL of us are lying, or none of us are lying.

Back to work now.

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cloudy

cloudy 10

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Sorry don't mean to hijack thread, but Could some of you take a look at my thread titled "Initiating Arbitration, Unemployed" and make some suggestions. I'm not understanding all the technicalities.

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deadbeat00

deadbeat00 10

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Posted
Sorry don't mean to hijack thread, but Could some of you take a look at my thread titled "Initiating Arbitration, Unemployed" and make some suggestions. I'm not understanding all the technicalities.

Unfortunately a person who could help is "trueq" and he was banned from this forum because he was helping people like you.:confused:

So study his posts carefully:

http://www.debt-consolidation-credit-repair-service.com/forums/search.php?searchid=3543215

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