Dr_Drama

Should I Elect AND Initiate Arbitration?

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I was sued by a JDB concerning an alleged debt that I have paid what I thought was a settlement agreement to satisfy. I am not even going to use that argument since I lost the paperwork associated with it in a move and the OC is no longer in business (WAMU). This alleged debt was bought by Chase before being purchased by the JDB. The total debt is $1,200 + attorney fees and court costs.

The CC Agreement only lists NAF and AAA as possible Administrators. I want to send a letter to elect arbitration using AAA. Do I need to have something other than the disputed debt for AAA to accept the case? I can't think of any violations at this point.

I want to initiate to keep the attorney from saying I am not serious, delaying, etc. Also, the JDB can't initiate without court order the way I understand it and I am sure they would argue that point to try to defeat my election to use AAA.

If I elect arbitration and they contest it, is that a violation since they will be continuing to litigate the matter?

It looks like from the arbitration wording from the CC Agreement I have pasted below that I can ask for the fees to be paid. Should I initiate, pay the initial fees, and then ask them to reimburse me in the election letter? Any advice would be appreciated!

"Administrator" means the National Arbitration Forum, the American Arbitration Association, or any other administrator mutually agreed upon by you and us. These companies administer arbitration proceedings. Any administrator that maintains a policy that refuses to enforce any part of the Arbitration Provision is not an eligible administrator. The arbitrator will be selected under the Administrators Rules. You can select the Administrator if you give us written notice of your selection with your notice that you are electing to arbitrate any Claim or within 20 days after we give you notice that we are electing to arbitrate any Claim. If you do not select the Administrator on time, we will select one. If for any reason the Administrator you or we select is unable or unwilling to serve or continue to serve as Administrator, or implements or maintains a policy that refuses to enforce any part of this Provision, you will have 20 days to select a different Administrator.

Starting an Arbitration: You or we can give written notice of an intention to begin arbitration of a Claim or Claims or to require arbitration of the other party's Claim or Claims. This notice can be given by one party even if the other party has begun a lawsuit. If such a notice is given, any Claim will be resolved by arbitration under this Provision and the Administrator's Rules that are in effect at the time the Claim is filed with the Administrator. The arbitrator must be a lawyer with more than 10 years‘ experience or a retired judge. A copy of the Claim may be obtained from the Administrator or from us. A party who has asserted a Claim in a lawsuit may still elect arbitration with respect to any Claim that is later asserted in the same lawsuit by any other party. All doubts about whether to arbitrate a Claim shall be resolved in favor of arbitration. We will not elect to arbitrate an individual Claim that you bring against us in “small claims“ court. However, we may elect to arbitrate a “small claims“ court Claim that is later removed, sent. or appealed to any different court.

Important Limitations: IF YOU OR WE ELECT TO ARBITRATE A CLAIM. YOU WILL NOT HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM. ALSO, YOUR ABILITY TO OBTAIN INFORMATION FROM US AND TO APPEAL IS MORE LIMITED IN AN ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. THE FEES CHARGED BY THE ADMINISTRATOR MAY BE HIGHER THAN THE FEES CHARGED BY A COURT. THE SAME LIMITATIONS ALSO APPLY TO US. 1N ADDITION, IF YOU OR WE ELECT TO ARBITRATE A CLAIM: (1) YOU NOR ANYONE ELSE ON YOUR BEHALF CAN PURSUE THAT CLAIM IN COURT IN A CLASS OR REPRESENTATIVE ACTION (SUCH AS A PRIVATE ATTORNEY GENERAL ACTION); (2) NEITHER YOU NOR ANYONE ELSE ON YOUR BEHALF CAN PURSUE THAT CLAIM IN THE ARBITRATION ON A CLASS-WIDE OR REPRESENTATIVE (SUCH A5 A PRIVATE ATTORNEY GENERAL) BASIS; AND (3) CLAIMS BROUGHT BY OR AGAINST ONE ACCOUNT HOLDER (OR JOINT ACCOUNT HOLDERS) MAY NOT BE JOINED TOGETHER WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER ACCOUNT HOLDER. THESE THREE LIMITATIONS ARE HEREAFTER REFERRED TO AS THE “CLASS ACTION WAIVER."

Arbitration Location and Costs: Any arbitration hearing that you attend will take place at a location reasonably convenient to where you live. If you cannot afford to pay the fees charged by the Administrator and the arbitrator or if you believe that such fees are too high, we will consider in good faith any reasonable written request by you for us to pay the fees. We will pay any fees or expenses we are required to pay by law. You will never be required to pay us any fees we have previously paid to the Administrator and the arbitrator. Each party must bear the expense of that party's attorneys. experts, and witnesses. regardless of who wins the arbitration, except to the extent that applicable law or the Administrator's Rules provide otherwise.

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I was sued by a JDB concerning an alleged debt that I have paid what I thought was a settlement agreement to satisfy. I am not even going to use that argument since I lost the paperwork associated with it in a move and the OC is no longer in business (WAMU). This alleged debt was bought by Chase before being purchased by the JDB. The total debt is $1,200 + attorney fees and court costs.

The CC Agreement only lists NAF and AAA as possible Administrators. I want to send a letter to elect arbitration using AAA. Do I need to have something other than the disputed debt for AAA to accept the case? I can't think of any violations at this point.

I want to initiate to keep the attorney from saying I am not serious, delaying, etc. Also, the JDB can't initiate without court order the way I understand it and I am sure they would argue that point to try to defeat my election to use AAA.

If I elect arbitration and they contest it, is that a violation since they will be continuing to litigate the matter?

It looks like from the arbitration wording from the CC Agreement I have pasted below that I can ask for the fees to be paid. Should I initiate, pay the initial fees, and then ask them to reimburse me in the election letter? Any advice would be appreciated!

"Administrator" means the National Arbitration Forum, the American Arbitration Association, or any other administrator mutually agreed upon by you and us. These companies administer arbitration proceedings. Any administrator that maintains a policy that refuses to enforce any part of the Arbitration Provision is not an eligible administrator. The arbitrator will be selected under the Administrators Rules. You can select the Administrator if you give us written notice of your selection with your notice that you are electing to arbitrate any Claim or within 20 days after we give you notice that we are electing to arbitrate any Claim. If you do not select the Administrator on time, we will select one. If for any reason the Administrator you or we select is unable or unwilling to serve or continue to serve as Administrator, or implements or maintains a policy that refuses to enforce any part of this Provision, you will have 20 days to select a different Administrator.

Starting an Arbitration: You or we can give written notice of an intention to begin arbitration of a Claim or Claims or to require arbitration of the other party's Claim or Claims. This notice can be given by one party even if the other party has begun a lawsuit. If such a notice is given, any Claim will be resolved by arbitration under this Provision and the Administrator's Rules that are in effect at the time the Claim is filed with the Administrator. The arbitrator must be a lawyer with more than 10 years‘ experience or a retired judge. A copy of the Claim may be obtained from the Administrator or from us. A party who has asserted a Claim in a lawsuit may still elect arbitration with respect to any Claim that is later asserted in the same lawsuit by any other party. All doubts about whether to arbitrate a Claim shall be resolved in favor of arbitration. We will not elect to arbitrate an individual Claim that you bring against us in “small claims“ court. However, we may elect to arbitrate a “small claims“ court Claim that is later removed, sent. or appealed to any different court.

Important Limitations: IF YOU OR WE ELECT TO ARBITRATE A CLAIM. YOU WILL NOT HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM. ALSO, YOUR ABILITY TO OBTAIN INFORMATION FROM US AND TO APPEAL IS MORE LIMITED IN AN ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. THE FEES CHARGED BY THE ADMINISTRATOR MAY BE HIGHER THAN THE FEES CHARGED BY A COURT. THE SAME LIMITATIONS ALSO APPLY TO US. 1N ADDITION, IF YOU OR WE ELECT TO ARBITRATE A CLAIM: (1) YOU NOR ANYONE ELSE ON YOUR BEHALF CAN PURSUE THAT CLAIM IN COURT IN A CLASS OR REPRESENTATIVE ACTION (SUCH AS A PRIVATE ATTORNEY GENERAL ACTION); (2) NEITHER YOU NOR ANYONE ELSE ON YOUR BEHALF CAN PURSUE THAT CLAIM IN THE ARBITRATION ON A CLASS-WIDE OR REPRESENTATIVE (SUCH A5 A PRIVATE ATTORNEY GENERAL) BASIS; AND (3) CLAIMS BROUGHT BY OR AGAINST ONE ACCOUNT HOLDER (OR JOINT ACCOUNT HOLDERS) MAY NOT BE JOINED TOGETHER WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER ACCOUNT HOLDER. THESE THREE LIMITATIONS ARE HEREAFTER REFERRED TO AS THE “CLASS ACTION WAIVER."

Arbitration Location and Costs: Any arbitration hearing that you attend will take place at a location reasonably convenient to where you live. If you cannot afford to pay the fees charged by the Administrator and the arbitrator or if you believe that such fees are too high, we will consider in good faith any reasonable written request by you for us to pay the fees. We will pay any fees or expenses we are required to pay by law. You will never be required to pay us any fees we have previously paid to the Administrator and the arbitrator. Each party must bear the expense of that party's attorneys. experts, and witnesses. regardless of who wins the arbitration, except to the extent that applicable law or the Administrator's Rules provide otherwise.

#1. What year did Chase get the account from Wamu? I have an 02 and an 04 Chase agreement that has JAMS.

#2. For the amopunt you mention, it is going to be costly for the JDB to follow you into private arbitration. I will not go so far as to say they absolutely wont but they probably wont.

Now...

If you are already into a lawsuit you must motion your court for private contractual arbitration.

That means you need to call your court and ask them how a motion gets heard by a judge,

Just filing one is not enough.

Once you find out if you get assigned a specific date or just show up at motions court you need to ...

Write up your motion .

Then you make 3 copies.

File one at your courthouse, and get the court to date stamp the other two.

Send one to the plaintiffs atty. noticing them that you are presenting a motion to compel private contractual arbitration per the card member agreement on such and such a date.

You can find out from your court or your state/local rules of civil procedure how far in advance you have to notice them.

Then you need to initiate yourself.

As to paying the fee, You can request that they pay the fee, but

if you want to make a partial payment, with the arb. forum, mentioning that

you are requesting the other side to forward the fee, IMO you should more serious to them.

Now... As to claims....

YOU DO NOT MENTION THE LAWSUIT AGAINST YOU as to your reason for electing and initiating.

If they are a JDB they have to have violated.

To answer your question... yes if they continue to litigate after

you elect/initiate it is a violation.

But you need to go back and review what they, the JDB did from day one.

Their dunning letter to you... Do not assume that what they sent was proper.

What kind of letter head did it have?...

What did it say?

Did it have the mini miranda...

How about phone calls... any to your cell?

Others will chime in soon but read and research possible violations

from FDCPA to FCRA and all you can.

Also you state violations on JDBs etc.

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Chase purchased the debt from WAMU in 2009 and resold it to Riverwalk Holdings later in 2009. The attorney sent the WAMU CC Agreement with a huge stack of Request for Admissions, Interrogatories and Requests for Production. These need to be answered this week. They claim the last payment I made on the debt was during the time that WAMU still owned it.

I am just going to Object to all of it since I am electing arbitration and that should be the proper forum to decide discovery rules.

I looked at all of the written correspondence from the attorney and only one (a debt validation letter) has the full Mini Miranda (This is an attempt to collect a debt. Any information obtained may be used for this purpose. This communication is from a debt collector). The other things only say "This communication is from a debt collector."

Back in 2010 they did send a letter threatening to motion the court for Discovery of Employment Information if I didn't notify them of an objection to the proposed Motion and Order. This letter had only that it was from a debt collector. To my knowledge they never filed this Motion. If this was a violation, I believe it would have needed to be filed within 1 year, correct?

When I initiate do I have to list violations then or can I state them at a later time?

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Chase purchased the debt from WAMU in 2009 and resold it to Riverwalk Holdings later in 2009. The attorney sent the WAMU CC Agreement with a huge stack of Request for Admissions, Interrogatories and Requests for Production. These need to be answered this week. They claim the last payment I made on the debt was during the time that WAMU still owned it.

I am just going to Object to all of it since I am electing arbitration and that should be the proper forum to decide discovery rules.

I looked at all of the written correspondence from the attorney and only one (a debt validation letter) has the full Mini Miranda (This is an attempt to collect a debt. Any information obtained may be used for this purpose. This communication is from a debt collector). The other things only say "This communication is from a debt collector."

Back in 2010 they did send a letter threatening to motion the court for Discovery of Employment Information if I didn't notify them of an objection to the proposed Motion and Order. This letter had only that it was from a debt collector. To my knowledge they never filed this Motion. If this was a violation, I believe it would have needed to be filed within 1 year, correct?

When I initiate do I have to list violations then or can I state them at a later time?

I sent you PM.

No, you need to list with the initiation ... but no time to explain right now... will be back later today

You dont have to be specific... you have time for that but...

later.

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You say "THEY" claim the last payment you made on the account was when WAMU still had it.

You said you lost your records regarding the settlement of this in a

move.

Have you checked your Credit reports. If not, do it now.... even pulling online if need be from annualcreditreport.com

Even though they are not usable as evidence they can be useful to check

the following.

Check under WAMU, CHASE and the JDB

#1. At least on of the three should said date of first delinquency reported.

What is it?

#2. At least one of the three should say date of last payment or last activity.

What is it? They may not include an amount.

#3. At least one of the three will state the estimated month and year this will fall off your CRA.

What is it?

Trying to pinpoint the year that this alleged account actually was defaulted on.

Next, even though you do not have the paperwork from the settlement you

thought was done...

Do you have the checking account registers for the year that it seems that

this was settled and/or defaulted on.

If not. Are you using the same checking account?

If not, do you have your checking account number from that account?

If not, do you remember what bank it is because you can call them with your personal info if need be.

You want to get the checing account registers for the year that the account was defaulted on, and the next year.

I also would want the previous year.

The reason is so you can pinpoint the date of last payment to WAMU

that you made, as either a payment or a settlement.

You said that Chase took over in 09 and the JDB bought it later in that year.

You said this.

Back in 2010 they did send a letter threatening to motion the court for Discovery of Employment Information if I didn't notify them of an objection to the proposed Motion and Order.

Were you actually served a summons?

When?

Did you answer that summons?

When?

Just trying to get a solid timeline for events.

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