halohonk Posted November 9, 2012 Report Share Posted November 9, 2012 Who is suing you? American Express Centurion BankState: CAFor how much? roughly $8000 (don't want to post exact amount for obvious reasons)Who is the attorney/law firm representing them? Lina Michael, Michael and Associates, Thousand Oaks, CAI answered a week or so ago and sent a demand for BOP. They sent me a very heavy box of statements dating over 7 years back and they have called me once, I assume to meet and confer as it is about that time per court rules. I haven't gone through all of the statements yet but from what I have read everything seems accurate. The contract they attached to the complaint has AAA and NAF as arb options but in the BOP they sent me a contract that has JAMS as an option along with AAA. Thus far, and correct me if I'm wrong, they seem to have enough proof to beat me in court. I am really just trying to get more settlement leverage since they have not seemed willing to offer me anything remotely close to what I can afford.I want to know if arbitration is a good option for me or if I should stick to court and trying to get them to settle under better terms. If arbitration is a good option for me, how do you think the conflicting agreements issue will play out? Will they object to JAMS based upon the other contract and if so will they more likely prevail or not?Thank you in advance for any help you can provide. Link to comment Share on other sites More sharing options...
bad98roadster Posted November 9, 2012 Report Share Posted November 9, 2012 Check your credit reports.When was the account opened/first used?When was the first default?What's the date on the cardmember agreement they supplied? Link to comment Share on other sites More sharing options...
howucan2 Posted November 9, 2012 Report Share Posted November 9, 2012 Who is suing you? American Express Centurion BankState: CAFor how much? roughly $8000 (don't want to post exact amount for obvious reasons)Who is the attorney/law firm representing them? Lina Michael, Michael and Associates, Thousand Oaks, CAI answered a week or so ago and sent a demand for BOP. They sent me a very heavy box of statements dating over 7 years back and they have called me once, I assume to meet and confer as it is about that time per court rules. I haven't gone through all of the statements yet but from what I have read everything seems accurate. The contract they attached to the complaint has AAA and NAF as arb options but in the BOP they sent me a contract that has JAMS as an option along with AAA. Thus far, and correct me if I'm wrong, they seem to have enough proof to beat me in court. I am really just trying to get more settlement leverage since they have not seemed willing to offer me anything remotely close to what I can afford.I want to know if arbitration is a good option for me or if I should stick to court and trying to get them to settle under better terms. If arbitration is a good option for me, how do you think the conflicting agreements issue will play out? Will they object to JAMS based upon the other contract and if so will they more likely prevail or not?Thank you in advance for any help you can provide.I preempted arbitration against AMEX about two years ago and it refused to participate.Although the alleged disputed account was roughly close to the numbers you've posted , my claim against all involved were 15 times more than what claimed to be owed !If you have documents and proof of violations against you, JAMS arbitration is a way to leverage. If you proceed too far with court (discovery , etc) you may waive your rights to arbitrate. Link to comment Share on other sites More sharing options...
halohonk Posted November 9, 2012 Author Report Share Posted November 9, 2012 Account was opened in 1986, first 30 days late in Dec. 2010, was on payment plan until Mar. 2012. One contract (the one with NAF/AAA) is dated 7/09 the other (with JAMS/AAA) is dated 1-7-11. Link to comment Share on other sites More sharing options...
halohonk Posted November 9, 2012 Author Report Share Posted November 9, 2012 They refused to participate, so does that mean that they stopped going after you period or did they (somehow) proceed to court? Link to comment Share on other sites More sharing options...
bad98roadster Posted November 9, 2012 Report Share Posted November 9, 2012 Account was opened in 1986, first 30 days late in Dec. 2010, was on payment plan until Mar. 2012. One contract (the one with NAF/AAA) is dated 7/09 the other (with JAMS/AAA) is dated 1-7-11.You're good to go in JAMS. I would file a "Demand for Arbitration Before JAMS" with JAMS. Follow their rules for serving Amex.At the same time demand (send email/mail to their attorney) that Amex stay the case in favor of your demand for arbitration. If/when they refuse you draft your MTC arbitration in the State matter.Good luck! Link to comment Share on other sites More sharing options...
howucan2 Posted November 10, 2012 Report Share Posted November 10, 2012 They refused to participate, so does that mean that they stopped going after you period or did they (somehow) proceed to court?Yep. Stopped everything dead on its track. . Link to comment Share on other sites More sharing options...
howucan2 Posted November 10, 2012 Report Share Posted November 10, 2012 You're good to go in JAMS. I would file a "Demand for Arbitration Before JAMS" with JAMS. Follow their rules for serving Amex.At the same time demand (send email/mail to their attorney) that Amex stay the case in favor of your demand for arbitration. If/when they refuse you draft your MTC arbitration in the State matter.Good luck!+1PLUS a CMRR JAMS demand directly to AMEX. Link to comment Share on other sites More sharing options...
halohonk Posted November 10, 2012 Author Report Share Posted November 10, 2012 Thank you. What should I say in the demand that they stay the case in favor of arbitration? Is there a form for this or should I just send the JAMS Arbitration Demand?Also, the contract says that they will pay all fees that are above what it would cost me in court. I have a court fee waiver so if this were in court I would pay nothing. Should I assert this to them and if so, where? Link to comment Share on other sites More sharing options...
howucan2 Posted November 10, 2012 Report Share Posted November 10, 2012 JAMS fee waiver for CA residents (you don't have to pay).Go to Linda7 (Strategies of arbitration) and start reading. She has great information on the procedures. Link to comment Share on other sites More sharing options...
bad98roadster Posted November 10, 2012 Report Share Posted November 10, 2012 Thank you. What should I say in the demand that they stay the case in favor of arbitration? Is there a form for this or should I just send the JAMS Arbitration Demand?Also, the contract says that they will pay all fees that are above what it would cost me in court. I have a court fee waiver so if this were in court I would pay nothing. Should I assert this to them and if so, where?Cost: Fill out a California fee waiver as howucan2 statedRead here and apply: http://www.creditinfocenter.com/forums/1208378-post10.htmlWhat to say? There's some ideas here, create your own wording: http://www.creditinfocenter.com/forums/1181288-post29.html Link to comment Share on other sites More sharing options...
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