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JAMS Arbitration initiation - ??'s on form completion strategies


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And the saga continues...

Having read volumes regarding arbitration and JAMS on this forum and gained immeasurable pearls of wisdom, I have remaining questions that I would like to get some advice on.

To date, I elected arbitration with JAMS, and not surprisingly, Z attorneys have disputed my MTC insisting that I initiate with AAA/NAF.

I responded to their response with a copy of the agreement noting JAMS and case law relating to their responsibilities of initiation as the parties seeking relief.

Since then, it has been strongly suggested that I initiate myself to secure the JAMS forum selection. (Note that I have not yet requested a hearing on my request)

In preparing the JAMS Arbitration demand, I have located the Declaration in Support of Application for Waiver of Fees (which I expect to be ignored as I am in FL, but thought it worth a shot), and the 2011 Poverty Guidelines to support that.

The demand form has 2 questions that I'd like advice on how to complete. At this point I have named OC as respondent (planning to add attny firm and individuals later).

One question is how much and what information to include on the "Nature of Dispute" section. I have read that it is probably wiser to not mention the alleged debt, so at the moment I have listed "Violations of Fla Deceptive & Unfair Trade Practices ACt, FCRA, FDCPA"

I would appreciate advice, comments and any suggestions you wise and far more experienced members might provide.

The second area of insecurity is the "Claim and Relief Sought by Claimant". Alleged debt is $20k, Deceptive Practice violation penalty is $10k.

I would expect that the larger the figure, the 1) more attention this will get as a potentially losing battle for them and 2) the more likely opportunity of comprehensive arbitration selection.

At the moment I have just listed a dollar amount of $70.8k which is intended to reflect the alleged debt x 3 (treble damages), the $10k penalty and reimbursement of JAMS $250.

Does this section require more than just a dollar a mount? Is there justification for itemizing? Is a single dollar amount adequate?

Further, as I have no funds to "vacation", I have been informed (by Jams) to send to their Atlanta office. Does anyone have experience or knowledge of any JAMS neutrals from Atlanta? (not that I have to select right now though)

JAMS said I should mail a check for $250, though believe from my readings, it is perhaps better to not send anything at this point. Cannot afford to lose $250 if they do NOT proceed, however with the size of the alleged debt, I would be surprised if they let it drop.

Please oh wizened and knowledgeable forum members, offer your thoughts suggestions and alternate strategies before I shoot myself in the foot!

I would never have made it this far had I not located this forum and learned so very much! It's amazing how ignorant most are regarding their rights!

Thank you for any assistance!

BTW - anyone have an email for ZW**KER attorney?

Edited by Libra
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Your doing fine. You answered your own questions concerning the form, less is more. No need to go into the details of your claim at this time.

Do not send in the $250.00 until you get the response from the fee waiver request. If there is an active court case, you may have to pay the $250.00 at some point to stop the plaintiff from claiming you defaulted in arbitration, but you will have time to worry about that later.

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