Linda7

The strategy and steps of arbitration

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Per post 50 i sent out my arbitration letter to the attorney for jdb with no response as of yet. Initially I returned a call to their office and never admitted anything and they sent what they had on record which was 3 cc staements. When I received that i sent them a dv letter and few days later sent the arbitration request. Have never received anything as of yet from them. Never recd a dunniong letter after the phone call and the cover letter never gave the mini maranda. Their initial phone message said call blank at attorney blanks office but never mentioned they were a debt collector on the message. It appears their are 2 vilolations/ The balance is 2-3k. What leverage do you recommend i use? Thanks

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Per post 50 i sent out my arbitration letter to the attorney for jdb with no response as of yet. Initially I returned a call to their office and never admitted anything and they sent what they had on record which was 3 cc staements. When I received that i sent them a dv letter and few days later sent the arbitration request. Have never received anything as of yet from them. Never recd a dunniong letter after the phone call and the cover letter never gave the mini maranda. Their initial phone message said call blank at attorney blanks office but never mentioned they were a debt collector on the message. It appears their are 2 vilolations/ The balance is 2-3k. What leverage do you recommend i use? Thanks

If you elected arbitration via JAMS (and it is in your agreement), then I would wait to see if they sue. If so, you have them for breach of contract.

As for clarification of your violations, I would make a post in the "Is there a Lawyer in the House" forum and get feedback there.

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If they give the account to another attorney or if the jdb sells the account do I go thru the procedure again or if the new party does anything does my arbitration request stand against them also?

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If they give the account to another attorney or if the jdb sells the account do I go thru the procedure again or if the new party does anything does my arbitration request stand against them also?

If it was another attorney or another collection agency representing the same creditor which you have already elected arbitration, I would send them a letter letting them know that you have previously disputed this debt and elected arbitration via JAMS (if that is what is in your cardmember agreement).

If it is a different JDB that has bought the debt, start all over and send them a DV letter electing arbitration via JAMS, etc.

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Hello Linda,

I have been trying to help my father with a recent lawsuit summon he received and was thinking about the route he should take, either MTC arbitration or through trial.

The problem is that he has no knowledge of the credit card as he never signed anything but instead was issued the card as an authorized user which he had no knowledge of until he received the summons.

The question is: since he doesn't know the credit card agreements or has any statements, would it be wise to use an MTC arbitration to try to dismiss this case?

Thanks in advance

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Hello Linda,

I have been trying to help my father with a recent lawsuit summon he received and was thinking about the route he should take, either MTC arbitration or through trial.

The problem is that he has no knowledge of the credit card as he never signed anything but instead was issued the card as an authorized user which he had no knowledge of until he received the summons.

The question is: since he doesn't know the credit card agreements or has any statements, would it be wise to use an MTC arbitration to try to dismiss this case?

Thanks in advance

Who applied for the card and why isn't the creditor going after that person?

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Who applied for the card and why isn't the creditor going after that person?

The other member on the account has filed BK but proceedings are still pending. Both people were named in the lawsuit, however one is going to file an Automatic Stay and the other person is left to battle the lawsuit since he is not involved in the BK.

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The other member on the account has filed BK but proceedings are still pending. Both people were named in the lawsuit, however one is going to file an Automatic Stay and the other person is left to battle the lawsuit since he is not involved in the BK.

If this was an authorized user - I don't see how they can sue them. They should not be held liable for another person's debt!

However, I don't know your state's rules on this either. If I were you, I'd send Bad98roadster and pm and get their intake on this.

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I have a question (maybe answered somewhere else here)

Lets say Arbitration agreement mentions that they use NAF. Since NAF won't do CC cases any longer, is it possible to use JAMS?

I ask because found agreement that uses NAF but says that if unavailable or unwilling that "we may substitute another nationally recognized, independent arbitration organization that uses a similar code of procedure"

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This may put you in a pickle, you will be asking the court to determine this issue and since so many courts are hostile to arbitration per say, it would be hard not to imagine court ordering the case to judicial arbitration.

I had a judge do that after appeal which clearly mandated arbitration in my favor, judge had a bone to pick with me and ordered judicial arbitration.

Illinois supreme court issued a favorable ruling for a consumer in " CARR, v. GATEWAY, INC., February 3, 2011". SCT nullified the NAF contract and arbitration. So in the same reverse position it could happen again if consumer asks for arbitration with a non-existing (it exists but NAF is barred to conduct consumer arbitration).

Although this decision is not binding on other districts you may search for rulings like it in yours.

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Very interesting. I will have to research this more then.

Just weighing options at moment. Interesting, so court could nullify arbitration portion of contract? Would that not nullify the entire contract thus nullify JDB's claim to pursue someone?

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I have a question (maybe answered somewhere else here)

Lets say Arbitration agreement mentions that they use NAF. Since NAF won't do CC cases any longer, is it possible to use JAMS?

I ask because found agreement that uses NAF but says that if unavailable or unwilling that "we may substitute another nationally recognized, independent arbitration organization that uses a similar code of procedure"

You never know what might happen in court, but you can read about the same situation in this thread - posts 4-9. http://www.creditinfocenter.com/forums/arbitration/315638-need-help-determining-steps-go-into-arbitration.html

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I know I've read something in the board before, but can't find it.

I do not have a copy of the card member agreement. It was also not included in the complaint.

I can't ask for arbitration if I don't know what their agreement states, right? I have to file my answer by Monday, but if I should be requesting arbitration, I understand I have to do this before filing my answer.

Thank you.

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I know I've read something in the board before, but can't find it.

I do not have a copy of the card member agreement. It was also not included in the complaint.

I can't ask for arbitration if I don't know what their agreement states, right? I have to file my answer by Monday, but if I should be requesting arbitration, I understand I have to do this before filing my answer.

Thank you.

Check here:

Credit card agreement database - Consumer Financial Protection Bureau

For older agreements, check on Debtorboards, where they have links to them.

Edited to add:

If this is regarding the Target case you have posted about elsewhere, I don't believe Target has ever had an arb clause.

Edited by nobk4me

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Linda,

Would the mailing address be selected from the JAMS Resolution Center that is nearest me?

Many thanks!

That would be fine. Actually you can mail to any of their addresses as they will redirect them to the office of their choice.

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Keep in mind, if you aren't in court yet - I would only send a DV letter electing JAMS to resolve the dispute. You would not send the agreement, so there is no need to send an affidavit. What you need to send is in post #2 here -

Hi Linda and others:

so I don't have to send the cardmember agreement to the OC and their counsel when I send the JAMS?

thanks!!

Edited by ydontu
moving to a new thread

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Hi Linda and others:

so I don't have to send the cardmember agreement to the OC and their counsel when I send the JAMS?

thanks!!

There is a difference in electing and initiating. If you are electing, then you are only sending a letter electing arbitration and "no", I would not send the agreement.

However, if you've moved past that point and it's time to send your JAMS forms, I would "not" send the agreement to the attorney nor the creditor - but, part of what you send in to JAMS, is two copies of the agreement.

But, if you are filing a MTC with the court, then you would attach a copy of the agreement you are using. And of course anything you file with the court, you should also send to the attorney, so at that point - they would see the agreement.

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Hi Linda,

If I have already received a summons and filed answers, along with a motion to strike the affidavit of debt, can i still choose arbitration? I am being sued by Midland.

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Hi Linda,

If I have already received a summons and filed answers, along with a motion to strike the affidavit of debt, can i still choose arbitration? I am being sued by Midland.

Who was the original creditor?

What year was the alleged account opened and what year was the default?

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I can't speak to anyone else's experience with JAMS but I was told by JAMS to send a copy of the credit card agreement (and everything else I was sending to JAMS) to the attorneys, OC and any respondent I named...even though they were all at the same law firm.

So I did. I always wondered about that as it seemed odd to have to send a copy of the agreement to the OC but I did it just like he told me to.:roll:

I was the one initiating.

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