endearing1 Posted March 27, 2012 Report Share Posted March 27, 2012 I was sued by JDB and successfully got them into Arb with AAA.I filed in December and they never paid their fees after two letters from AAA. AAA said they would no longer take any claims from this JDB and they sent my money back.I then received emails from AAA stating that I could re-open the case if I wished after the JDB attorney started to pester them. Now the attorney has sent a letter to the Judge complaining that I am refusing to re-open the Arb case with AAA. They explained that they were 'tardy' in making their payment to AAA. I am thinking a MTD as they failed to engage in Arb. The Arb was not court ordered, the Attorney just agreed to go to Arb when the Judge read him the Arb clause in the contract I filed with the Court.I also have the JDB on violations because I requested Arb in my DV letter before they sued. I would like for this to dry up and go away but should I just get back into Arb and pursue my claims against them? What can I realistically claim for them suing me after requesting Arb?If I file a MTD what arguement can I make other then they failed to join in the Arb in a timely manner? I think the Judge will just make me re-initiate with AAA.Any help greatly appreciated! Link to comment Share on other sites More sharing options...
skippy1960 Posted March 28, 2012 Report Share Posted March 28, 2012 For me if JAMS was available via the cardagreement I would initiate in JAMS and send them a Demand, as JAMS is the more expensive option.If this is not an option I think you are right in that a Judge would likely order you back to arbitration.Given this I would try to exact some punishment from them by asking for them to pay your portion of the fee to arbitrate. The reason they can't file and open a claim is that AA won't take the filing, due to this being a consumer debt matter.AA will only preform the arb if court ordered or both parties agree, at least this is the most recent landscape.So you might reach out to them and offer a stipulation to go to arb in AA, with them paying your portion of the fee. This stipulation should clear the way for AA to accept the dispute. They may refuse and this will be good.If they don't like that force them to go back to court and get a court order, you can argue you did your part, by paying they never showed. You offered a stipulation and they didn't want that, so your honor this action should be dismissed.Remember letters to the judge don't force the court to do anything, Motions force the court to make a decision.This would be my direction if in your shoes.... Link to comment Share on other sites More sharing options...
endearing1 Posted April 20, 2012 Author Report Share Posted April 20, 2012 Had my hearing and after the judge listened to my statement regarding how the JDB's attorney missed two deadlines to pay their fees to AAA he still ordered us to continue to arbitrate.I will re-initate with AAA once I receive the court order. Link to comment Share on other sites More sharing options...
1stStep Posted April 20, 2012 Report Share Posted April 20, 2012 Make sure the order makes them pay their fees... Link to comment Share on other sites More sharing options...
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