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Need Assistance Please


Chnde3
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Details:

 

1. Who is the named plaintiff in the suit?  Atlantic


2. What is the name of the law firm handling the suit? F A L R


3. How much are you being sued for? $17,000

4. Who is the original creditor?  Benefical

5. How do you know you are being sued? I was served

6. How were you served?  In person

7. Was the service legal as required by your state? Yes

8. What was your correspondence (if any) with the people suing you before you think you were being sued? None

9. What state and county do you live in? Illinois  Kane County

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)  2009

11. What is the SOL on the debt? To find out:   5

12. What is the status of your case? Suit served? Motions filed? I went to court 4 times and now they said arbitration

 

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)  No

14. Did you request debt validation before the suit was filed? No

 

15. How long do you have to respond to the suit?  I only have a few more days to file a Supreme Court Rule 222 Arbitration Disclosure Statement

 

16. What evidence did they send with the summons? A signed contract

 

I am in the midst of filling out the Arbitration Disclosure Statement and am stressed. They continue to use an account that ends in XXXX but on my initial loan documents it has a different account number so this is what I have been using as a defense.

 

I will post my responses in a bit but does anyone have any experience in dealing with the above?

 

Upon browsing this website I have come across JAMS, is this something different than the Arbitration that I am being put through?

 

Sorry for my lack of intelligence but I have never gone through this before. Thank you so much for your time, all opinions are appreciated!

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Look at the original agreement and see if it specifies private arbitration. That can cost them well above $5,000 and they won't want to pay it, even for 17K on the other end. They won't take the chance that you'll flush this with BK if they win. They have maybe 350 invested in your account, they most likely won't lay out thousands more.

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This appears to be court arbitration and probably not what you want. If the contract specfies JAMS, you will need to file a motion with the court to force JAMS arbitration.

 

I completely agree with 1stStep, and you need to file a motion for JAMS quickly if as you say, you only have a few days left to file 222 Arb.

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Here is what my contract states: The party initiating the arbitration proceeding shall have the right to select one of the following three arbitration administrators: the National Arbitration Forum ("NAF"), the American Arbitration Association ("AAA") or JAMS/Endispute ("JAMS").

 

I am not the party initiating arbitration so can I/should I still select JAMS?  Also the account number they continue to refer to I really have no knowledge of so still not sure the route I need to take. I do have an outstanding account but do not owe even close to what they are stating. Opinions on how to handle please?

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I had filed my responses to discovery (denied all) and when I went to court the Attorney stated to the judge that he did not have a copy of it (I did UPS it and had signature) so the Attorney asked me for a copy. The judge asked the Attorney what next and the Attorney stated arbitration. After court the Attorney and I walked to another office and he stated to the employee behind the desk that he needed to schedule a date for arbitration and then she gave us a date.  I am assuming it to be court arbitration.

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Thank you everyone, I REALLy appreciate your responses! I have sent Howucantoo a message I hope she has time to chat with me. 

 

I noticed a missed a call on my phone earlier, I googled the number and it was the attorney but they left no message. I did not call back but do wonder why they called.

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I think the sticking point in all this is going to be that discovery was initiated first That gives the court jurisdiction they even answered so I think the jams election is gonna be sticky. This mandatory arbitration I thought I heard that the FAA trumps this court arb. I would would file a motion to compel private arb.

and since you have a short timeline your gonna need linda7's motion and thread ricky tic. This court arb is it binding arb or not? and you need to fax to JAMS this weekend or before the disclosure. If you didn't request discovery it would be ok but answering theirs could lead to problems.

 

I am just a rookie on arb matters but those are the issues I see that must be addressed.

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We know it's IL, that's under your username. You can probably find some information about court arbitration on the state judicial website. There have been a lot of people from IL posting here but I never heard of this being mandatory. If you still get a trial de novo, take it. If the arbitrator's decision is final, you'll have to know what the process entails. You need to be able to do discovery, JDBs are much easier to beat in court. They rarely have the paperwork (they won't pay for it) and their lawyers suck. Their business model is designed for 95% default judgments, not a long legal battle.One rule of thumb here......whatever the opposition wants, don't give it to them. They are not doing this because they think it will help you. They paid 2 or 3 cents on the dollar for your account, they are looking for an easy score.

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