Reqesetd Arb, OC attny calling - should I take calls?

[Libra]

I have never requested that they don't call, and they are not leaving messages. They have disputed my MTC and are seeking an order for me to initiate with AAA or NAF.

I have chosen Jams (letter sent to them prior to their forum insistence). in my response to their dispute, I provided case law to justify that THEY should be initiating since THEY are seeking relief. I also attached an agreement reflecting Jams, and an affidavit that I accepted THAT agreement.

I actually have a few questions.

1) Would it be in my favor to now initiate with Jams even though I responded with the above?

2) Should I call the Judge's office and set a hearing date, or wait to see what they will do?

3) Should I be taking their calls or not? They do not leave messages any longer - and previously they were basically - "call us" messages. I am insecure that I might say something that will jeopardize my position.

I appreciate any insight or advice that anyone can offer!

Edited September 20, 2011 by Libra

[skippy1960]

Given the circumstances it sounds as if they know they may end up in arbitration, so the real battle is about the forum. It is fairly well documented that JAMs is the biggest hammer, rather than AAA.

I would initiate in JAMS and pay the $250 filing fee. This makes your trip to court much easier and assures the better/more expensive forum.

I would take a couple of calls, record them if it is legal. They typically violate the FDCPA during a call, because the whole purpose of the call is to get you to change your position.

Example- I spoke to a CA forcing arb upon them, wanted to know why I wanted arb? I told them I wanted to handle the matter in a private setting. CA said " I will just beat you in the arb forum, and then you will be required to pay all my additional attorney fees and arb forum fees, rather if we stay in court the fees are set by the court."

The problem is in jurisdiction the consumer can only pay the $250 filing fee in JAMs, whether they prevail or not. This means the statement the CA made was false and misleading a clear violation of the FDCPA.

So talking to them may not be such a bad, thing......

[Libra]

Thanks Skippy, I see your point.

So you recommend that upon initiation of JAMS arbitration I pay the full $250? There is a 'good faith' clause that indicates they make a temporary advance of all or part of my fees. Is that not worth pursuing?

And, since I just sent a Response to their response...asking the court to have them initiate, will that have an impact? I would presume that since I will go ahead and initiate - to get my JAMS choice - that I wold not instigate a hearing on the MTC?

Edited September 21, 2011 by Libra