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peanut835

Need Help Determining Steps to Go Into Arbitration

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Hello, here is my original post

wwwcreditinfocenter.com/forums/there-lawyer-house/315523-please-i-need-serious-help-received-summons-cavalry-spv-i-llc-law-suit-ma.html#post1184629

After some reading and some advice from some of the wonderful users I have determined to go into arbitration. (Feel free to read original post)

My questions are how do I go about demanding arbitration?

The law suit has been served however I still have 10-15 days to file my answers to the complaint.

To demand arbitration, do I submit answers to my complaint, and put a clause somewhere on it stating that I elect arbitration? Or can I avoid my answers all together?

Also which parties do I inform?

-Court

-Plaintiff's Lawyer

-JDB Collecter

-Original Creditor

All of the above?

Thank you all for your help thus far!

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Can you just check my demand to file arbitration really quick please

Was served summons, agreement states NAF but NAF can no longer handle consumer claims so demanding JAMS. Need fees advanced.

peanut835

planters way

Cavalry SPV I, LLC

Hawthorne, NY

August 16, 2012

Civil Action No. xxxxxxxxx

NOTICE OF ARBITRATION ELECTION

Pursuant to Bank of America credit agreement, I ELECT arbitration via “JAMS” to resolve all of our disputes.

As per the agreement, "YOU UNDERSTAND AND AGREE THAT IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, THIS ARBITRATION SECTION PRECLUDES YOU AND US FROM HAVING A RIGHT OR OPPORTUNITY TO LITIGATE CLAIMS THROUGH COURT, OR TO PARTICIPATE OR BE REPRESENTED IN LITIGATION FILED IN COURT BY OTHERS.”

The agreement further states, "If the NAF is unable or unwilling to act as arbitrator, we may substitute another nationally recognized, independent arbitration organization that uses a similar code of procedure." As of July 24, 2009, the NAF voluntarily ceased to administer consumer arbitration disputes. Therefore, I elect “JAMS” to resolve all of our disputes.

Pursuant to the agreement, I am also requesting an advancement of the fees. “At your written request, we will advance any arbitration filing fee, administrative and hearing fees which you are required to pay to pursue a Claim in arbitration.”

As of this notice you must dismiss or stay any and all actions in regards to the alleged debt pending the result of the Arbitration.

All phone calls are inconvenient, so all communications need to be by mail.

__________________

peanut835

Certified Return Receipt #_________________________

(Agreement Attached)

thanks

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The problem is - the agreement says they "may". That can be taken that the creditor will be the one to substitute and if they get a chance, they'll pick AAA.

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

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Account was opened in 2007 default was in 2008.

Couldn't I argue that if they have the right to chose I do as well?

In my original thread "Savior" posted

"...... my 2006 agreement states that " If the NAF is unable or unwilling to act as arbitrator, we may substitute another nationally recognized, independent arbitration organization that uses a similar code of procedure."

Your 2008 agreement may have similar language.

I elected arbitration with JAMS against BofA using the theory that if they can substitute, so could I. BofA dismissed the day before trial."

What do you think should I use the 2008 agreement which specifies NAF and use the above theory. Or should I use the 2003 agreement which clearly states JAMS and have them state that it is outdated?

Thanks FYI your thread on steps of arbitration is AMAZING!!!

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Account was opened in 2007 default was in 2008.

Couldn't I argue that if they have the right to chose I do as well?

In my original thread "Savior" posted

"...... my 2006 agreement states that " If the NAF is unable or unwilling to act as arbitrator, we may substitute another nationally recognized, independent arbitration organization that uses a similar code of procedure."

Your 2008 agreement may have similar language.

I elected arbitration with JAMS against BofA using the theory that if they can substitute, so could I. BofA dismissed the day before trial."

What do you think should I use the 2008 agreement which specifies NAF and use the above theory. Or should I use the 2003 agreement which clearly states JAMS and have them state that it is outdated?

Thanks FYI your thread on steps of arbitration is AMAZING!!!

Thank you very much - if anything I've posted helps in anyway, I'm truly grateful!

This will have to be a call that you make yourself. BOA might go along with it like they did in the case of Savoir and decide that the consumer does have that right and then again, they might argue against it and the Judge might agree.

I know of others that have elected arbitration via JAMS and then filed a MTC with the court, using the 2003 with JAMS. Also, including a Judge's order staying the case and stipulating that the defendant (consumer) will initiate arbitration with JAMS within 30 days. I have seen this also work.

Also remember, that if it is a JDB - they may not have proof either of when the account was opened, so who's to say that the 2003 wouldn't apply? :rolleyes:

They have also explained to the Judge "that" particular sentence saying that if NAF will not, etc., that another recognized forum may be substituted - and then let the Judge know that upon research (and pull out the 2003 agreement) that JAMS was used by BOA and the consumer knew that JAMS was an accepted forum and therefore the consumer elected JAMS. The thing is - if you can get the Judge to sign your court order saying that you will have 30 days to initiate in JAMS - you can then initiate in JAMS with the court order. Without the court order, I'm afraid that JAMS will not accept it unless the creditor would also willingly agree to JAMS, but with the court order - it doesn't matter if they agree or not.

Does this make sense?

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Thank you very much - if anything I've posted helps in anyway, I'm truly grateful!

This will have to be a call that you make yourself. BOA might go along with it like they did in the case of Savoir and decide that the consumer does have that right and then again, they might argue against it and the Judge might agree.

I know of others that have elected arbitration via JAMS and then filed a MTC with the court, using the 2003 with JAMS. Also, including a Judge's order staying the case and stipulating that the defendant (consumer) will initiate arbitration with JAMS within 30 days. I have seen this also work.

Also remember, that if it is a JDB - they may not have proof either of when the account was opened, so who's to say that the 2003 wouldn't apply? :rolleyes:

They have also explained to the Judge "that" particular sentence saying that if NAF will not, etc., that another recognized forum may be substituted - and then let the Judge know that upon research (and pull out the 2003 agreement) that JAMS was used by BOA and the consumer knew that JAMS was an accepted forum and therefore the consumer elected JAMS. The thing is - if you can get the Judge to sign your court order saying that you will have 30 days to initiate in JAMS - you can then initiate in JAMS with the court order. Without the court order, I'm afraid that JAMS will not accept it unless the creditor would also willingly agree to JAMS, but with the court order - it doesn't matter if they agree or not.

Does this make sense?

Thanks again.

I'm a little confused.

What do you think about going at it like this?

I use the 2003 agreement, if the JDB collector states that the agreement is outdated and they want to use a more recent one (assuming the judge sides with them), then I pull out the 2008 agreement which states to use NAF.

However we know NAF is no longer an option and I can argue that in the past JAMS was used so it is definitely a viable substitute. That way it only makes sense to use JAMS instead of AAA.

Thoughts?

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Thanks again.

I'm a little confused.

What do you think about going at it like this?

I use the 2003 agreement, if the JDB collector states that the agreement is outdated and they want to use a more recent one (assuming the judge sides with them), then I pull out the 2008 agreement which states to use NAF.

However we know NAF is no longer an option and I can argue that in the past JAMS was used so it is definitely a viable substitute. That way it only makes sense to use JAMS instead of AAA.

Thoughts?

You might let others offer their thinking - but, it sounds as reasonable as some of the other options and just might work. :)++

But, remember even if the Judge grants arbitration and you hope this will make the JDB go away - in some instances, they will wait for you to initiate anyway. If you don't initiate, then they go back to court and ask for it to be brought back to court because you failed to do as court ordered. And remember with this case - to keep that from happening and having the right to use JAMS, you'll need to get that court order to specify that you can initiate in JAMS. That way JAMS will accept your initiation. After that - you should see a change in the JDB's attitude. :mrgreen:

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hi my cc agreement with chase say arbitration with naf or aaa. can i substitute jams for naf or will midland insist on aaa. they have filed suit but not been able to serve me

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hi my cc agreement with chase say arbitration with naf or aaa. can i substitute jams for naf or will midland insist on aaa. they have filed suit but not been able to serve me

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

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Hi Peanut,

How are things going with this?

I am in MA too and dealing with Cavalry.

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