jg2933 Posted March 22, 2012 Report Share Posted March 22, 2012 To make the long story short, I was sued by some attorneys on behalf of Discover (or so they say). I asked for paperwork when I first heard from them and they sued me instead. Never provided any proof of debt, statements, nothing. Went in to meet with them and the clerk and told them I would be filing MOD and compel arbitration, which is what I did. The attorney said he wasn't going to argue it and didn't even stay. My motion got passed along to the judge and I left to await the decision.In the meantime, I filed with JAMS (actually filed as part of MOD process, to provide them with proof of filing). The attorneys for Discover paid their retainer of $500 and I paid mine of $250. I think they thought my motion would be granted and wanted to scare me into not paying my share of the fee. Well, motion got denied! No idea why, it seemed like a no-brainer. In the mean time, the next court date is next week. I know that technically I can argue to get the case out of the court, since we are already in arbitration and since the plaintiff paid their initiation fee, that pretty much indicates an agreement to arbitrate. Do I need to bring anything aside from the arbitration agreement? What should my plan be? Can plaintiff say that since my motion got denied they don't have to arbitrate anymore and can just revert back to court?In the mean time, I'm yet to see a single piece of paper in reference to this debt from Discover. Link to comment Share on other sites More sharing options...
skippy1960 Posted March 23, 2012 Report Share Posted March 23, 2012 Do I need to bring anything aside from the arbitration agreement? I would bring my proof of payment of fee and any commencement letter you have recieved from JAMS, if they have paid their portion you should have a letter of commencement from JAMS.What should my plan be? First strategy, would be Motion to Stay proceedings as both parties have agreed to participate in Private Contractual Arbitration through JAMS, based on the cardmemeber agreement. Court lacks any further jurisdiction.Can plaintiff say that since my motion got denied they don't have to arbitrate anymore and can just revert back to court?Plaintiff can argue anything they want, but they paid to proceed in arbitration so the MTC was moot and court correctly denyed the motion. Your arguement is simply need a stay until arb is completed.Obviously checking your rules of civil procedure will be useful, and you better have the proof of payment as expressed by JAMS. If you don't have these then you may not be where you think you are....Best of Luck Link to comment Share on other sites More sharing options...
Coltfan1972 Posted March 23, 2012 Report Share Posted March 23, 2012 The court might have denied the motion as it was moot, since pretty much the other side conceded by paying your fees. Nothing says we conceded like cutting a check. Well the United States Supreme Court being on your side might have been one other small factor. Attorneys don't usually just leave a meeting and say they are not going to argue, when facing a pro se litigant, unless they know they are beat. I'd just show up to court with all the paperwork and argue for a stay of the case pending arbitration. It's obvious the parties agree to arbitrate, therefore, the court no longer has jurisdiction over the matter. Link to comment Share on other sites More sharing options...
jg2933 Posted March 23, 2012 Author Report Share Posted March 23, 2012 It's odd, because the judge ruled after Discover paid the initiation fee, but I don't think the judge would have known they paid...clearly they thought that motion would be granted, especially unopposed.I have my commencement letter from JAMS. We are up to the point where I submitted my formal complaint, chose the arbitrator (I got the one I picked, don't know if the other side even bothered with the strike list). A week ago JAMS sent the bill of initial arbitrator fees to plaintiff to the tune of $2500. They are suing me for the same amount. I'm not sure what will happen at this point, if they will go through with it (I'd be surprised, but then again, my motion was denied so who knows). What happens if Discover lets the arbitration lapse for non-payment? Can they re-sue me later?Thanks all Link to comment Share on other sites More sharing options...
KentWA Posted March 23, 2012 Report Share Posted March 23, 2012 I would take some case law from your state concerning the Federal Arbitration Act so you can show the Judge he lacks any jurisdiction now. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted March 23, 2012 Report Share Posted March 23, 2012 Can plaintiff say that since my motion got denied they don't have to arbitrate anymore and can just revert back to court?Yep, and since the law doesn't really matter to this judge - this is what I would expect to happen. Link to comment Share on other sites More sharing options...
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