Asking for sanctions

[ydontu]

I'll give a brief recap of where this has been and currently at:

1. received complaint from /citibank/
   
2. filed answer
   
3. sent letter to OC demanding arb with JAMS and on the same day
   
4. filed MTC arb
   
5. MTC Arb was granted - I am to initiate
   
6. sent arb app and partial payment of fees to JAMS
   
7. JAMS responds with letter on initiating arb
   
8. OC files in another forum
   
9. I file motion to clarify the original mtc arb (awarded to me to initiate)
   

And now, I have refused to follow OC in the forum of their choice, my JAMS fees are paid in full but other forum is proceeding despite all docs to prove this is not their case.

I was told that filing sanctions against OC might be a good idea. Would someone tell me how I would go about this?

I have been so distraught over this mess, it has affected my work and home life.

[skippy1960]

I'll give a brief recap of where this has been and currently at:

1. received complaint from /citibank/
   
2. filed answer
   
3. sent letter to OC demanding arb with JAMS and on the same day
   
4. filed MTC arb
   
5. MTC Arb was granted - I am to initiate
   
6. sent arb app and partial payment of fees to JAMS
   
7. JAMS responds with letter on initiating arb
   
8. OC files in another forum
   
9. I file motion to clarify the original mtc arb (awarded to me to initiate)
   

And now, I have refused to follow OC in the forum of their choice, my JAMS fees are paid in full but other forum is proceeding despite all docs to prove this is not their case.

I was told that filing sanctions against OC might be a good idea. Would someone tell me how I would go about this?

I have been so distraught over this mess, it has affected my work and home life.

As you know you are dealing with Citi and they are like a Junk Yard dog with a bone. They will fight at every turn. I follow the other board and this is becoming Citi's M.O. in dealing with arb. They will fight the MTC and then once the court says Granted, they go to AAA.

Best way to look at this is, How do you regain the leverage?

Remember, arb is about forcing the otherside to not want to continue due to the cost of arb/cost to win....

Assuming everything you have written above is accurate, meaning you iniated the claim in JAMS and completely paid your fee, prior to them filing in AAA, I would do the following.

1. File Moiton for Sanctions in your State court against Citi Bank.

and once the motion is ruled on if you lose-

2. File a FDCPA action in Federal Court against the Collection Attorney and Citi for misleading you as to the status of the venue regarding the debt, and any other violations you may have at this point. Let your claim in JAMS expire for non participation/payment from the otherside.

Here are some reasonings why.

If you loose the Motion for Sanctions, which you will ask for court to clarify the forum, your choice or theirs along with some cash. You will be forced to participate in AAA, and you will lose, period. They will get the underlying debt and what ever your claims were will be lost.

So filiing in Federal Court puts additional leverage back on your side. Certainly, if you could find an attorney to take your claims to Federal Court, would be much better.

Assuming the Debt is under $5K you maybe able to make this work, if you have a big balance, they have called your bluff, and are moving forward.

Filing a Motion for Sanctions is the same as your MTC. You are asking the court for relief and sanctions, because you followed the court order and filed with JAMS and they didn't follow through. In fact they created a bigger jurisdictional mess, by going to AAA.

[BV80]

My comment is based on the premise that JAMS was included in the cardmember agreement.

Since the court order awarded you the right to initiate, it would seem Citi had no right to initiate arbitration in any forum at all.

1. They have disregarded a court order.

2. They are disregarding the terms of their own agreement that allow for arbitration to be initiated with JAMs.

[Coltfan1972]

You file a motion asking the court to order sanctions. I did it when the other side would not answer an interrogatory even after being compelled two times prior.

They immediately answered the interrogatory a day after the motion and the judge let them off the hook, but that is how you do it. You file a motion with the court and you ask the judge to order whatever sanction you want to argue.

I filed mine against the attorney for the junk debt buyer, not the junk debt buyer. However, here, since it's an original creditor I guess you could drag the OC into the picture.

[1stStep]

Colt - what was it you told me about being a lawsuit snob?

This seems to be a situation where the OP should invite everyone...

[Coltfan1972]

This seems to be a situation where the OP should invite everyone...

Ydontu,

1stStep is right. This is not a time to be a lawsuit snob. It is a party that all must be invited, or you will be labeled a snob, and nobody wants that title.

Thanks for showing me the error of my way, 1stStep. I'm so ashamed that I almost led a member down the road of lawsuit snobbery.

[racecar]

I found this posting in Coltfan1972 - 1979 year book at Arkansas OxFord High School.

Not only is Coltfan1972 a lawsuit snob, In this author's opinion Coltfan1972 is a well dressed lawsuit snob.

Here is his post as found in his 1979 highschool yearbook page 3.

"Trying to fill up my time posting on USENET while I stay awake to fix my delayed sleep phase disorder, I was reading an article on AskMen.com with an excerpt saying: “Before buying a pricey blazer that looks 2 sizes toosmall, learn the ins and outs of getting one that actually fits.” I thought, “Forget that.…get it bespoke.”

Then I read that AskMen.com suggests that fat men should “avoid one– and two-button blazers.” Again, I thought that one could simply get a bespoke suit.

This is the moment I Coltfan1972 realized that I turned into a snob. I need to stop saying “bespoke suit”. I have to stop thinking about my suit.

I still am looking for more versa*tility in my bespoke suit (there I go). As it stands, I much prefer wearing the waistcoat. But I tried my suit on with a black shirt sans waistcoat and found that it was a very workable look at the courthouse. It was less formal, and a little edgier I suppose. When I go in to pick up my shoes on Friday, I think I’ll order a couple of shirts as well. I’m thinking one black shirt with single cuffs: this way I can further up the ante by wearing burgundy silk knot cufflinks just like the junk debt buyer attorney has. As for the second shirt, I’m not quite sure yet…I tried a light blue shirt with the suit and somehow it just looks off. I feel that my suit is not deep enough a black to wear with the light blue,could be ok in federal court. But if not light blue, then what? I don’t think pink works with my skin tone, nor would I seri*ously consider it. Perhaps I will stick with good old black and white.On another note, I get plenty of looks from both men and women. An awesome law suit will do that. But inter*est*ingly enough, I get more looks from women when I wear my three-piece with a tie in court. Now, some people might find it a fashion faux pas to wear a suit complete with waistcoat and French cuff shirt without a tie in court, but I personally like the look. And hey, Patrick Jane does it (albeit without a French cuff appar*ently)."

I could not stand to post anymore but you get the idea.