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Need help drafting a cap1 arbitration letter


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I am looking for some help compelling Arbitration with Cap1. Does anyone have a sample Arbitration letter? The plaintiff recently supplied the 2008 agreement with their request for summary judgment. Thanks for the help. Here is a link to my original post.

creditinfocenter.com/forums/there-lawyer-house/313108-need-help-cap1-lawsuit.html#post1162716

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Well I've never used arbitration but I saved this link in a folder where I keep a lot of good posts.

If you look at the last post it has, in my opinion, a very good motion. Obviously you would have to word it per the exact language in the agreement/contract.

http://www.creditinfocenter.com/forums/arbitration/310523-mtc-example-needed.html

However, in my opinion, you need to elect arbitration and then if the other side does not agree, then file a motion to compel.

Generally speaking, any motion to compel is filed because the two parties can't work it out and so they need a judge to rule on who is right.

Edited by Coltfan1972
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MTC JAMS arbitration is electing.

Demanding JAMS arbitration is electing.

If it was my issue, I'd initiate JAMS arbitration. Within the instructions to Demand JAMS arbitration, you'll serve a copy to your opponent. You can add a simple stipulation to resolve the claim in JAMS and to stay or dismiss the current case.

JAMS will bill Cap1 and cc you on the email. Cap1 likely will not pay. More evidence that they are refusing to cooperate with your Demand for JAMS.

I'd attach the demand for JAMS arbitration and a copy of the proposed stipulation (unsigned by your opponent) to my MTC arbitration. Make a line item in the motion a statement that your opponent has refused to arbitrate.

Get a hearing date from the court and serve notice on your opponent. Make sure the date is before the date of the SJ hearing. Include another copy of the stipulation to resolve the dispute in JAMS. By the time you get to the hearing date, you should have plenty of evidence that they have refused to arbitrate.

If I were facing SJ, I'd do this quickly.

Good luck!

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I agree with Bad98Roadster except for the election part. I would personally (and have) send a seperate letter electing arbitration to all parties (OC, CA, file with your MTC).

Send everything CMRRR (Certified Mail Return Read Receipt)

I'd personally leave nothing to chance or ability to be argued by the other side - I can see a lawyer stating that they were never given notice of the election to arbitration, just that they recieved a MTC and demand letter. I could easily be wrong but I like covering my bases.

if you can, reach out to Linda7, she is a library of info regarding Arbitration. The election letter is a simple letter stating that you are electing arbitration through JAMS per the agreement (attach a copy) and cut/paste a section of the arbitration provision into your letter. In the Letter give a time frame for them to dismiss or stay the case.

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