childofares Posted July 23, 2010 Report Share Posted July 23, 2010 I got my paperwork back from JAMS. Crap 1 rescinded their MSJ. Today I got a paper from Crap 1 lawyers that they filed a motion to stay pending arbitration that is being heard TOMORROW at 9am. It wasn't even signed as mailed out until the 19th! I can't go to court tomorrow! Is there anything I can do or do I have to appear at this? Link to comment Share on other sites More sharing options...
vballchick Posted July 23, 2010 Report Share Posted July 23, 2010 I would always go! There's nothing to stop them from asking for SJ or anything else in their favor if you aren't there. Link to comment Share on other sites More sharing options...
childofares Posted July 23, 2010 Author Report Share Posted July 23, 2010 I would always go! There's nothing to stop them from asking for SJ or anything else in their favor if you aren't there.But wouldn't a SJ be thrown out seeing as how they are admitting arbitration has occurred? Link to comment Share on other sites More sharing options...
scardKaren Posted July 23, 2010 Report Share Posted July 23, 2010 But wouldn't a SJ be thrown out seeing as how they are admitting arbitration has occurred?I'd call the court. See if the hearing can be moved... If it's not all ready too late. Link to comment Share on other sites More sharing options...
childofares Posted July 24, 2010 Author Report Share Posted July 24, 2010 (edited) I called both the court and the local attorney that crap1 hired. My neighbor is the local jailer and he told me the judge was given the message and that the local attorney played dumb even though I talked to her. k I got the paperwork and my neighbor left out a few things like the judge ruled that I have to pay 250.00 to initiate arb even though JAMS has already told crap 1 to pay it. How can he legally rule on this? Isn't this a violation since the whole purpose of filing was to get OUT of that hellhole courtroom and the Barny Fife judge? Edited July 24, 2010 by childofares paperwork Link to comment Share on other sites More sharing options...
childofares Posted July 24, 2010 Author Report Share Posted July 24, 2010 I'm a bit calmer now and that's ok. Looking at the paperwork i have 90 days to pay the 250.00. That's OK. I'm still going to look for an appeal or whatever and I'm looking for a violation to smack Cap1 upside the head with, but if worse comes to worse, I get my student loans In the middle of Sept and I'll just pay it and wait for them to make the next move. i hope WW&R rot in a fiery pit of karma Link to comment Share on other sites More sharing options...
skippy1960 Posted July 25, 2010 Report Share Posted July 25, 2010 As you will now have to iniate a claim, and you have 90 days, you need to begin to research the FDCPA, and any consumer law statues you may have in Kentucky. Check your states Consumer affairs site for debt collectors, in my state OC is held to the same standard as JDB.Having these violations is an important part of the process, as when you file the Claim you will need to state these issues.Further, start looking at the JAMS paperwork and begin completion now, as Pro Se filiers completing these legal documents takes much more time. A good and well written claim helps if you are planning on negociating a settlement. If you have strong and proveable FDCPA or state consumer law statues then may find mutual dissmissal. Link to comment Share on other sites More sharing options...
Recommended Posts