bikeluver43 Posted April 12, 2012 Report Posted April 12, 2012 Hello All,I'm writing this thread to update my past thread regarding a small claims case brought upon myself by a law firm representing Cap1.With the help of this board and others, especially one member in particular, I was able to send an election letter of arbitration, file a MTC for arbitration with the court, and initiate JAMS prior to my court date. Everything was accepted by the court, and proofs were received via CMRRR green cards from the atty and cap1.The atty sent a rent a lawyer to the hearing (they didn't dismiss as asked in election letter) who was representing TON's of DC's - midland was one that came up a LOT. I felt bad for everyone admitting to the debts and having judgments placed. I almost wanted to stand up and tell them to dispute! The Rent a lawyer had NOTHING, just a spreadsheet with names and the amount of the claims.She asked us to speak prior to the hearing and said her client wanted to stay the case for a period of a few months. I was delighted and agreed. She asked the judge for the stay and it was granted.Now that I've initiated, I'm waiting for them to pay there fee's and will begin collecting violations. So far so good!
Anza01 Posted April 12, 2012 Report Posted April 12, 2012 ARB is very useful and often going to ARB will force a better settlement over keeping the action in state court.Don't count on the OC to pay the JAMS fee, they are capped at $250 so if you don't have it right now, start saving it. The OC is banking on you not paying the consumer fee's and will go back to court and claim you are not serious.I know of people who have paid their JAMS fee's in monthly installments so you have that option too.
Public Enemy Posted April 12, 2012 Report Posted April 12, 2012 (edited) Thanks for the tip about the monthly installments for JAMS. Edited April 12, 2012 by Public Enemy
1stStep Posted April 12, 2012 Report Posted April 12, 2012 If the alleged debt is less than $5k, then they will probably want to dismiss once they get the bill...
DonqIII Posted April 12, 2012 Report Posted April 12, 2012 Yes, you can pay in installments but you should ask JAMS forpermission to do that.When looking into claims especially for your formal complaint look into your state rules.My state actually has a counter part to FDCPA that covers OCs.There are many options out there. Just need to keep readingand checking every avenue.
bikeluver43 Posted April 13, 2012 Author Report Posted April 13, 2012 ARB is very useful and often going to ARB will force a better settlement over keeping the action in state court.Don't count on the OC to pay the JAMS fee, they are capped at $250 so if you don't have it right now, start saving it. The OC is banking on you not paying the consumer fee's and will go back to court and claim you are not serious.I know of people who have paid their JAMS fee's in monthly installments so you have that option too.Per the CC Agreement we can ask for the OC to pay the fee's which I did in my initiation. If not, I do have the money to pay. If the alleged debt is less than $5k, then they will probably want to dismiss once they get the bill...It is less than half that amount, this is exactly what I'm hoping for but am ready if it doesn't happen.Yes, you can pay in installments but you should ask JAMS forpermission to do that.When looking into claims especially for your formal complaint look into your state rules.My state actually has a counter part to FDCPA that covers OCs.There are many options out there. Just need to keep readingand checking every avenue.Already printed out both the FDCPA and My States FDCP among other things. The fact they showed up to court and didn't dismiss per my election letter and MTC is a violation in itself. Ultimately we are looking for a very low settlement, but would certainly accept dismissal
Recommended Posts