eze311 Posted April 12, 2012 Report Share Posted April 12, 2012 I filed with JAMS 4 weeks ago and have not received anything back from them. Got MTC (thanks Linda!!!) Today I got a notice to appear in court, assuming they are trying court ordered arb. Can I contact JAMS? I sent it to the address on the CC agrement. Does it usually take this long? Should I file another motion to stay pending arbitration? THX Link to comment Share on other sites More sharing options...
Coltfan1972 Posted April 12, 2012 Report Share Posted April 12, 2012 Just point out to the court you are excersing the private contractural arbitration clause in their unilaterally written contract of adhesion. They will be so happy with a consumer that understands this, they will just be overflowing with joy. Link to comment Share on other sites More sharing options...
1stStep Posted April 12, 2012 Report Share Posted April 12, 2012 And go after the law firm for an FDCPA violation... Link to comment Share on other sites More sharing options...
DonqIII Posted April 12, 2012 Report Share Posted April 12, 2012 I filed with JAMS 4 weeks ago and have not received anything back from them. Got MTC (thanks Linda!!!) Today I got a notice to appear in court, assuming they are trying court ordered arb. Can I contact JAMS? I sent it to the address on the CC agrement. Does it usually take this long? Should I file another motion to stay pending arbitration? THXDid you just file an MTC or did you actually have a hearing for your MTC?Did you get court order staying your case?JAMS is very busy. Yes you can call them to see the status. I had initiated on March 5th anda month later they had not cashed my check yet. I called and was told they were just getting around to putting things in the computer, and it was last week they actually contacted me.Your plaintiff/respondent may be trying to oppose your MTC and reverse a court order. Link to comment Share on other sites More sharing options...
DonqIII Posted April 12, 2012 Report Share Posted April 12, 2012 And go after the law firm for an FDCPA violation...Absolutely. Can be included in your formal complaint of trying to continue to litigate. Link to comment Share on other sites More sharing options...
1stStep Posted April 12, 2012 Report Share Posted April 12, 2012 You could even make the case for breach of contract Link to comment Share on other sites More sharing options...
Coltfan1972 Posted April 12, 2012 Report Share Posted April 12, 2012 Absolutely. Can be included in your formal complaint of trying to continue to litigate.Sorry, how could I also forget such the obvious. Link to comment Share on other sites More sharing options...
eze311 Posted April 12, 2012 Author Report Share Posted April 12, 2012 (edited) They did object, the Judge signed the order despite their objection. The Plaintiff sent a letter stating they accepted arbitration. So they aren't going to try to reverse MTC.I included a copy of the submitted (via CCR) JAMS forms with my MTC to the court, I did not send the plaintiff a copy. I wasn't sure that I was going to get MTC at that point. Should I send the Plaintiff one now? or wait until court? Am I required to notify the plaintiff that I initiated? could this be a FDCPA violation? Edited April 12, 2012 by eze311 addition Link to comment Share on other sites More sharing options...
DonqIII Posted April 12, 2012 Report Share Posted April 12, 2012 They did object, the Judge signed the order despite their objection. The Plaintiff sent a letter stating they accepted arbitration. So they aren't going to try to reverse MTC.I included a copy of the submitted (via CCR) JAMS forms with my MTC to the court, I did not send the plaintiff a copy. I wasn't sure that I was going to get MTC at that point. Should I send the Plaintiff one now? or wait until court? Am I required to notify the plaintiff that I initiated? could this be a FDCPA violation?You have to send a copy to the plaintiff.If you dont they will not know that it is initiated.You need to copy the plaintiff with everything you do.And be sure to send it CMRRR.I would send a copy to them with a cover letter that states this is their copy of the demand that has been sent to JAMS and filed in the court.The # XXXXXXXXX is the certified mail receipt number from sending this to JAMS. (OR if you want, make a copy of the green card and tell them a copy is attached as proof that this has been initiated.)Tell them, per the court order from your MTC and the initiation you want theupcoming court date cancelled as this is no longer under the courts jurisdiction.____________________NowFrom the JAMS rules...Post... disputeB. Proof of service of the Demand on the appropriate partyE.g., copy of certified mail receipt signed by recipient or sworn statement of service by a non-party over 18 years of age.This means that either you serve your demand on them CMRRR and send a copy of the green card with your demand to JAMS oryou send to both at the same time. And once you get the green card backsend a copy to JAMS.Without proof that they have been served by you JAMS will do nothing.It is too late now, but for future reference or for anyone reading this....I make 5 copies. If a court is involved.I take all 5 to the courthouse and file one copy.I have the courthouse stamp each copy with their date stampand then send one to the plaintiff/respondent , and two copies to JAMS.This lets everyone know that the court is aware.I note cross referenced CMRRR numbers on the cover letters to each and when I get the green card back from the respondent I fax or mail a copy to JAMS.The last copy is my copy. Link to comment Share on other sites More sharing options...
Recommended Posts