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Afer 1 year Debt Collector for amex send discovery,


tonyo202
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Last year I got a civil summons from a debt collector jaffe & asher who represented amex. I officially asked for proof which they never sent. Then months later I hear from a local attorney in Kentucky hired by jaffe, and then the sheriff shows up at my door with the civil summons. (debt = $30K)

I had an attorney draw up an answer to the summoms, and file with court to avoid a SJ. I also sent local attorney certified mail stating I wanted to pursue my right to private contractual arbitration per the card memeber agreement. Of course no response.

Got a call from them a few weeks later asking for a settlement, and saying to me that I did not want to exercise my right to arb as it is costly. I just told the scum bag to deal directly with my attorney.

A year goes by, and I get a letter of discovery sent to me Jan 2012, and they labled. me as pro se, WTF. So I call my attorney back, he waits about 25 days and asks them to send him discovery so we can get the 30 day response clock started again.

My delimma:

1.) I can pay my attorney $300 to file my discovery answers and also file discovery with them asking them a bunch of questions. And then wait to see if we go to trial and spend more, and probably loose.

2.) file bankruptcy (only debt I have is house and car loan)

3.) exercise my right to arb and make them pay

My questions:

1.) What is the process to do this? Can I send a letter to amx saying I elected my right to private arb per card member agreement on 6-1-11, and your attorney ignored me, and ask them for the filing fees, and in turn send this letter to their attorney here in Kentucky,and then to my count court, and ask the court to dismiss the case?

2.) Should I file with JAMS now and get the process started, and then send there attorney and count court the JAMS filing?

3.) How much will amx have to shell out for arb?

Help. and thx all

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You stated an attorney drew up the answer for you. Did you hire that attorney to represent you? If so, they violated the FDCPA by contacting you directly instead of your attorney.

Yes I hired the attorney, but pursuing a fdcpa judgement is the least of my worries. That may be an option later down the road.

Just really need answers on my questions. thx

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Toyo,

You seemed to be all over the board on what stategy your are going to use. You are paying $300 dollars to have an attorney answer discovery, now you are looking for a template to file a MTC arb.

The reason I bring this up is I found the sooner I picked a strategy, then I could concentrate my efforts on that. Here is why it is important.

If you are going the arb route, having a template from someone isn't going to make it easy to get there. You need to spend a bit of time and see what your courts Rules of Civil Procedure say about compeling arbitration.

Example: in california in order for the court to rule in favor of arb on a MTC, the otherside needs to have refused to arbitrate.

Once you have read and have an idea, notice I didn't say understand completely, then you will know how to take a simple template and make the limited number of arguements why your MTC should be granted by the courts.

Further, you should know that you can waive your rights to arb, by participating in court for to long, prior to exersicing the right. I don't know about your jurisdiction. Answering discovery could be a trigger point.

Finally, if you really wan to go arb, and understand the basic principals, then why not have the attorney do the motion seems like a better spend of money to me.....

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Yes, initially i was all over the place with what I was going to do, you know, information overload.

I do not plan on answering discovery, as you all stated, that may lead to me not being able to file arb.

I wonder if I should contact the leaches on the other side and send them something letting them know that I did request arb way back when, and they never responded, fdcpa no 1 violation, secondly they tried to give legal advice saying I didint' want to do arb, fdcpa no2 violation, and they never did DV after I asked many times.

So with that said, I would tell them I want them to file to dismiss case with court, and give them say 10 days. I send certified mail.

In the mean time, I file with JAMS, pay my $250, and have that ready, so if they do not file to dismiss, I will at that time file MTC. Then I will not only have my JAMS in place, but also have them on many fdcpa violations.

Thoughts? thx

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Your still over-thinking instead of doing. If discovery is outstanding, in most jurisdictions, you have a limited time to respond. If there are interrogatories involved, they can be deemed admitted.

If you are going to file for arbitration, file the MTC ASAP. If you just threaten to file, they will just keep doing what they are doing. Do not show your hand by telling the other side what you are going to do, just do it.

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