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Going Arb - A few questions.


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So I filed my answer and MTC Arb today on a cap1 orriginal creditor suit on a 2008 contract.

 

Odly enough the attorney called today and offered me a 60% settlement. I advised I do not owe anything and would rather go arbitration route.

 

He said he is fine with going arbitration but said I would have to file with JAMS first. My question is should I pay the $250 fee and file with JAMS before the MTC hearing? According to the 2008 cap1 agreement it says if you or we elect Arb we will not have the right to pusue a claim in court. It dosn't say I have to inititate arbitration... what am i missing?

 

It is my understanding that max out of pocket fees for JAMS arbitration is $250 for consumers, is that correct? I will not get with huge fees for arbitration?

 

If we end up going to arbitration can I include FDCPA violations on the part of the attorney before they began suit on alledge complaint including illegal phone calls/messages, lack of validation letter and ultimately this law suit if he dosn't dismiss? Or should this be a seperate law suit against them as the attoreny and myself do not have any arbitration agreement between us?

 

Thanks.

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Wait, he told you to file with JAMS ?

 

I think he knows that AAA will not accept C1 arbitration and that by itself is disceptive !

 

You don't have to initiate claims against yourself unless court orders you to .

 

 “The general rule is that the party asserting a claim has the burden to initiate arbitration” (Mountain Plains Constructors, Inc. v. Torrez, 785 P. 2d 928, 930 (Colo. 1990); “It is the responsibility of the party asserting the claim to initiate arbitration”(Gold Coast Mall, Inc. v. Lamar Corp., 468 A. 2d 91, 100 (Md. 1983);
“It is antithetical to the interests of such a party to itself initiate a proceeding, be it a court suit or arbitration, that would expose it to the risk of liability” (Gold Coast at 100)
“Absent express language in the contract placing the initial burden on either party, (to initiate arbitration) that responsibility properly rests with the party seeking relief.” (Lane-Tahoe, Inc. v Kindred Constr. Co., 91 Nev. 385, 536 P. 2d 491, 494(1975).

The advanatge for initiating party is the forum choice.

FDCPA covers debt collectors and I have always included  lawyers in my claims for misbehaving.


 

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Wait, he told you to file with JAMS ?

 

 

Yes, he specifically said if I wanted to go the arbitration route I would need to initiate First. I said, I am not the one with a dispute here cap1 is. He said that dosn't matter I would have to initiate myself to go to arbitration.

 

It seems he added another FDCPA violation stating that I needed to initiate the arbitration so ill add that to my list. I was playing dumb with him on the phone to see what he would say. Obviously he was trying to push me to settlement.

 

I told him I was not going to settle for that amount as I have FDCPA claims against his company... he then told me I could not even bring those up in arbitration because myself and the attorney have no arbitration agreement...

 

Attorney also said that I would be responsible for my own arbitration fees (but i could request the $250 as reimbursement from cap1) and those arbitration fees could be expensive...not sure if that is another deceptive act...it was my understanding that the $250 initial filing fee was the max on a consumer - but i am not sure.

 

Right now I am waiting on a hearing date for the MTC Arb to be set by the judge.

 

Any other thoughts?

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Yes, he specifically said if I wanted to go the arbitration route I would need to initiate First. I said, I am not the one with a dispute here cap1 is. He said that dosn't matter I would have to initiate myself to go to arbitration.

 

It seems he added another FDCPA violation stating that I needed to initiate the arbitration so ill add that to my list. I was playing dumb with him on the phone to see what he would say. Obviously he was trying to push me to settlement.

 

I told him I was not going to settle for that amount as I have FDCPA claims against his company... he then told me I could not even bring those up in arbitration because myself and the attorney have no arbitration agreement...

 

Attorney also said that I would be responsible for my own arbitration fees (but i could request the $250 as reimbursement from cap1) and those arbitration fees could be expensive...not sure if that is another deceptive act...it was my understanding that the $250 initial filing fee was the max on a consumer - but i am not sure.

 

Right now I am waiting on a hearing date for the MTC Arb to be set by the judge.

 

Any other thoughts?

Yes, $250 is the maximum for initiating in JAMS. For the consumer.

 

In addition to naming the OC as respondent you want to name the attorney and

lawfirm for violations.

 

They , I assume , are acting as debt collectors on this. As such they are the ones

that FDCPA apply to.

 

Unless your state says oterwise, FDCPA does not apply to OCs.

 

If you wnt to be certain to get JAMS then you need to initiate.

 

But in order to do so you need claims against them.

 

if you initiate pre-MTC you would have the paperwork to show the

court it is already in motion.

 

Also, you would eliminate, most likelyy, the attorney/OC filing in AAA.

 

You should read the first few pages of the following and this will get you

up to spped on private contractual arbitration so you can get down to

the nitty gritties.

 

http://www.creditinfocenter.com/community/topic/314030-the-strategy-and-steps-of-arbitration/

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If OP was dealing with Citibank I would've made sure I filed in JAMS before filing MTC. I would request the judge order JAMS because I have already filed in that forum. Not so here where AAA will not accept C1 filing and it seems like C1 has a firm deal going on with JAMS when every debtor goes through a ringer with C1 litigation specialist, (why else would counsel suggest OP to file in JAMS and not AAA?).

 

I suggest reading  http://www.debtorboards.com/index.php?PHPSESSID=7c101836984a1d6a9a6a0fdb2c0624c8%3BwwwRedire

 

to see how things up in JAMS with C1.

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So after reading the 2nd link there, maybe the attorney was not lying when he said it would be very expensive for me to go arbitration. Looks like the fact is $250 max is not correct and you could be held liable for all fees.

 

I had a BK discharged in 2008 so I cant file BK again until 2015. So I guess if i lose in Arb and get hit with a 56k lawyer bill that might be a problem...LOL

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study hard cic has had many winners in arbitration,I think arbitration you stand a better chance then in court,you lose alot of rights you would have in court,but how many attorneys have been to arbitration(very few).Its still like court but the rules are relaxed.you will still plead your case ,just like you would in court.study and know more that your opponent.

http://www.creditinfocenter.com/community/topic/318039-how-to-win-in-arbitration/

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I didn't post for you to get scared, I did it so you'll be aware. Many others have won , but it all depends on how much knowledge is accumulated in the process. I can tell you that I was as scared as anyone, but I was adament not to lose.

 

It is better to get the case dismissed w/o prejudice instead of a stay in court, this way no attorney's fees can be awarded in JAMS. (I just filed a dispositive motion on that issue).

 

You have to build your case against OC and their hired gun (s). What violations stick to OC, example; TILA, TCPA, FCRA, UCC and your state consumer laws,

for collectors/lawyers FDCPA, TCPA, State consumer laws.

 

The longer the case drags, the better chances for compound violations to occure. AND the more experienced you'll become granted you won't just sit there and expect people to do your work then the better chances of wining a mutual dismissal and wiping out the debt.

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I would write it in form of memorandum or clarification and in a way not to raise suspicion.

 

Play dumb !

So i wrote an email confirming everything (violations) he told me on the phone call and I wrote that I would rather SIF then continue. He responded offering a little bit lower SIF subject to MRE 408 and would dissmiss with a signed release for any/all claims.

 

He did not dispute or correct any of the statements (he said on the phone call) that I listed in my email to him.

 

Thoughts?

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Settlement  offer /negotiations are not admissible in court.

 

You're email will not muster any evidence if there was a hint of offer or negotiation in its body !

 

Are you dealing with law firm that starts with "B" ?  The reason I ask is they are licensed in IL, MI, PA, AZ and their specialty is C1 and C2 (lol) (Citibank).

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Almost forgot to tell you, our state law puts the OC on the same footing as the CA regarding Fair Debt Collection (state version).

 

The downside is the damages are minimal but nonetheless, I'd still rather bring a knife to a gun fight as it's better than nothing.

 

 

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Settlement  offer /negotiations are not admissible in court.

 

You're email will not muster any evidence if there was a hint of offer or negotiation in its body !

 

Are you dealing with law firm that starts with "B" ?  The reason I ask is they are licensed in IL, MI, PA, AZ and their specialty is C1 and C2 (lol) (Citibank).

No this law firm does not begin with a B.

 

I know the SIF offer is not admissible in court as admission the balance is not correct... but it seem you are saying I cannot use any correspondence that references SIF offer as proof of FDCPA violation?

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No this law firm does not begin with a B.

 

I know the SIF offer is not admissible in court as admission the balance is not correct... but it seem you are saying I cannot use any correspondence that references SIF offer as proof of FDCPA violation?

 

Correct.

 

Disputes in regards to the correct balance is done in discovery phase be it in court or arbitration.

 

When discussing a situation don't avert talking about other things.

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  • 2 weeks later...

Thanks to all who have helped up to this point. I have a few more questions as today I received the attorneys response to my MTC Arb.

 

In their response they "consent to Arbitration pursuant to the customer agreement." and "Plantiff avers pursuant to said Customer Agreement, Defendant is to initiate Arbitration and pay the initial filing fee." and " Furthermore, Plaintiffs Attorneys are not a party to the customer Agreement, and/or Arbitration proceedings, and that any alleged claims Defendant has against Plaintiffs Attorney may not be brought in Arbitration."

 

He then asks the court in his closing to "Deny Defendant's Motion for Arbitration as to alleged claims Defendant has against Plaintiffs Counsel to be brought in Arbitration". - Which is interesting because my MTC includes nothing about me having claims against the attorneys.

 

So this is all on a 2008 Cap1 agreement. He is going to argue in the hearing coming up I need to initiate first. Should I argue against this as I really cannot initiate a dispute against myself on behalf of someone else? Or should I just initiate to make sure I get into JAMS and include my claims against attorney for several FDCPA violations (even tho he claims in his response i cannot do this)?

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C1 has litigation specialist which this case will be handed to after your MTC is granted , that's who you deal with in JAMS. C1 LOVES JAMS !

 

On the other hand some posters on the other board had mentioned AAA will not accept C1 's arbitration. You may have to dig in on the other board or call AAA to find out for yourself. If I find it I'll post here.

 

Now back to this lawyer, he must have read my post (lol)

This is what happened;  you basically knocked him off your case (no collection, no pay). But he is covering his arse not to become a party to the arbitration on your FDCPA claim against him, because he will have to defend himself and pay a fee which will cut even more of whatever he was suppose to make and didn't !

 

Now by filing a separate FDCPA suit against him (if you have a solid claim) you can compel him to arbitrate or you can just file FDCPA suit, but it's better to be in district/federal court not a state court. I don't like state court so I'll leave it to end with these two choices.

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I found the link for AAA with no hassel card: (Call me crazy but I would not initiate arb in JAMS )

 

http://www.debtorboards.com/index.php?topic=21510.0

 

Read this article  arbitration for non-party (attorney)

 

http://www.luc.edu/law/activities/publications/clrdocs/vol24issue4/alderman.pdf

 

http://www.debtorboards.com/index.php?topic=10198.0

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C1 has litigation specialist which this case will be handed to after your MTC is granted , that's who you deal with in JAMS. C1 LOVES JAMS !

 

On the other hand some posters on the other board had mentioned AAA will not accept C1 's arbitration. You may have to dig in on the other board or call AAA to find out for yourself. If I find it I'll post here.

 

Now back to this lawyer, he must have read my post (lol)

This is what happened;  you basically knocked him off your case (no collection, no pay). But he is covering his arse not to become a party to the arbitration on your FDCPA claim against him, because he will have to defend himself and pay a fee which will cut even more of whatever he was suppose to make and didn't !

 

Now by filing a separate FDCPA suit against him (if you have a solid claim) you can compel him to arbitrate or you can just file FDCPA suit, but it's better to be in district/federal court not a state court. I don't like state court so I'll leave it to end with these two choices.

 

Thank you. I have contacted an attorney and will file FDCPA suit against this attorney.

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