cjayramone

Need help, being sued by Hunt and Henriques. Should I file with JAMS?

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Hello, I'm being sued by Hunt and Henriques for about 2,600.  The original company was HSBC and the original debt was about 1,900. I have 30 days to report back to the court. Should I try to file for arbitrations through JAMS or is there another option that I should look into? The account will be about 4 years old next year. Any help will be most appreciated. I'm a newbie here.

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Experience with H&H - filed General Denial Answer, issued Demand for Bill of Particulars, then CCP96 --- ASTMedic's thread and SkippyB (Sandra Pacheco's case - San Mateo) as my resources to prepare for trial.  Both cases were dropped.

You can easily win this -- you are in the right place to get advice...

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You ask me and I say don't do arbitration because you waive too many rights and you can beat a junk debt buyer easily in court, plus you have strict rules of procedure that have to be followed along with an appeals process.   I can direct you to numerous success stories using court and arbitration.  

 

You ask Linda7 (she posts a ton on arb) and she will tell you all the advantages to taking them to JAMS and can direct you to numerous success stories using arbitration and not court.

 

And guess who is right?  We both are.   I'm 100% with what I'd tell you and so is she.   So you have to make that decision for yourself.  

 

You could not pay me to go the arb route and keep me out of a courtroom and those that go arb will tell you how wonderful it is not dealing with the courts or going to court.    Again, we are both 100% right.  

 

Read carefully about both and then decide what is best for you.    A ton of the time they drop a case when arb is filed but they also do the same when an answer to a lawsuit is filed.   Then sometimes you run into ones that fight you tooth and nail and don't care if it's arb or court.  

 

Only you can decide.   Ask ten on this board and most likely five will tell you arb and five will tell you stay in court.   For the amount they are suing you for, generally speaking, any type of aggressive defense in any forum usually has them tucking tail and running.  

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Thank you Coltfan and Homeschool mom.  One question I do have. I tend to get really nervous speaking in front of people, so I don't sound confident. Will that be a problem in the courtroom?

 

Question for homeschool mom, could you provide me the links for threads if possible?

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[quote name=cjayramone" post="1238000" time="1364958804]Thank you Coltfan and Homeschool mom.  One question I do have. I tend to get really nervous speaking in front of people, so I don't sound confident. Will that be a problem in the courtroom?   Question for homeschool mom, could you provide me the links for threads if possible?

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To coltfan, I can't afford a lawyer at all. Would Jams be a better option for that case?

 

You have the same case it both forums.   Arbitration strategy is mostly based on costs to the other side.    It's not uncommon for the initial fees to start the arbitration being more than the debt itself.   With arbitration you're putting the creditor in a position to be throwing good money at bad (same for court in discovery). 

 

Look at it this way.   JAMS is college football and Court is professional football (or the other way around, makes no difference).

 

You don't play the football game exactly the same way with the exact same rules but it's pretty darn close.   Either way you'll have to learn a lot about football to know what's going on at either a pro or college game.  There are some differences with some plays and rules are allowed in college and not in pro and the other way around.    Same thing with Arb and Court.   Not exactly the same but you're going to have to have a good understanding of the big picture to be successful in either forum.  

 

For example, if you want arbitration there are usually strict steps you have to take to get arbitration going.   They are laid out in the contract and the courts have also ruled on the issue.     With court there are rules of procedure to get the court process rolling and they differ from arbitration but you have to follow them (answering the lawsuit) to get the process going.  

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BOP is a bill of particulars. 

 

If you are worried about court costs don't.  California is very generous when it comes to granting waivers.  H&H never go to court and tend to fold like a cheap suit three or four months in.  I got them to dismiss without prejudice after waging mad battle for three months.  Get over your fear of public speaking fast.  Think of it this way it will keep you from paying them a penny which they may not really be "legally" eligible to collect in the first place.  Or you can always do all the grunt work yourself and hire an attorney when and if its time to go to trail-which I seriously doubt it ever will be.  That is what Sandra Pachecho did after fighting Midland for well over two years herself.  Here is the link which also includes her lawyers trial brief.

 

http://www.sanmateocourt.org/online_services/online_case_access.php

Choose: Open Access

Case No: CLJ494432

 

Step One:

Serve your BOP before you serve your answer-they have 15 days to respond (10 days plus five for mailing)

 

Step Two:

They will send a letter asking for 45 days-a thirty day extension.  Give them another 15 days.  Write them what is called a Meet and Confer letter saying yeah well the rule is you're supposed to respond within 15 days but okay here is another 15 just cause I'm a good person.

 

Step Three:

File your answer right before the 30 days have passed-general denial with some affirmative defenses within the thirty day time frame. Or if your going the arbitration route then file a Motion to Compel arbitration instead.  In California if you file a MTC Arbitration you don't have to file your answer until after the MTC hearing-10 days.  The cost to file a MTC Arbitration is a fraction of what it would cost you to file your answer.  Some experts say file your answer along with your MTC Arb. and list that they are bound to arbitrate as one of your affirmative defenses.

 

Step Four:

By this time-within thirty days of service of the complaint they will have sent a handful of credit card billing statements and a partial bill of particulars that states more statements will be sent if and when located.  Translated it means that's all they got.  They may or may not have a bill of sale showing they bought some account receivables from HSBC (and yours was one of the thousand they bought an accompanying affidavit will state)but at this stage chances are they won't send it to you yet even though they have it.  They won't send it until you request discovery docs from them.  That's what they did to me.

 

Step Five:

 

Thirty days have passed and you have gotten a partial bill of particulars more than likely if they send you anything.  You have filed your answer or you have requested arbitration with JAMS or both.  If you request arbitration do not send any discovery requests even though by law you can do that 10 days after being served.  Why?

 

Because California courts tend to take 3 things into consideration when granting your motion to compel: (1) Did you notify H&H that you "elected" to arbitrate their dispute before filing your answer?; (2) Did you list their duty to arbitrate as one of your affirmative defenses in your answer?, and (3) Did you engage in discovery?. A Bill of Particulars is not a discovery tool although some California courts have ruled that although "it is outside the discovery act it is a good discovery tool nonetheless."

 

A Bill of Particulars, H&H themselves argued in their opposition to my motion to compel a full BOP, is not a discovery tool but is meant to amplify the complaint to help you compose your answer.  Once your answer is filed, H&H argued in my case, the time for a BOP passed which BTW is not true especially if one of your affirmative defenses is "leave to amend" your answer.

 

But H&H's faulty argument ironically is exactly why I recommend that you request a BOP at least two weeks before you serve your answer.  It difuses that argument later on down the road.  We'll I asked for a BOP but you never gave me a full accounting, I gave you at least another fifteen days and you still didn't come up with a full accounting (or full BOP) time was running out to file my answer sooo your Honor I had no choice but to file my answer before I got a full bill.

 

A BOP shouldn't take you more than an hour to compose-plenty great examples on this board.  You must serve it-POS-020 ( http://www.courts.ca.gov/documents/pos020.pdf) and include a copy of that POS in with the Bill of Particulars that you will send to H&H.  Do not file the request for a BOP with the courts.  You will do that if and when you file a MTC a BOP.

 

Good Luck! 

 

Carol-Lynn

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Most of the procedure takes place outside the court. You may have a hearing or two, they don't take that long. Arbitration is a financial weapon. It has nothing to do with whether or not you think you can win your case in court. JAMS can cost $6,000 per day, and they have to pay for it if it's in the cardholder agreement. For a 1900 debt they paid maybe 60 bucks for, they won't arbitrate. It simply isn't in their business model. If you owed 40 grand I'd say you have a problem scaring them off with arbitration. But for this amount, I'd say take a shot and see what happens.

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You guys and gals are truly awesome. I've never been a forum where I get this much help and advice.  I want to thank you all for your information.

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You guys and gals are truly awesome. I've never been a forum where I get this much help and advice.

That's because this is the forum where the winners hang out and help each other.   We are simply the best there is and nobody is even a close second.   We're just better than the rest, we know it, and we are not afraid to let you know.   Just ask us if you don't believe us or try to beat us in court and see how it turns out for ya.  ::USA::

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When I send my 2nd M&C, I'm only giving them an additional 5 days, but when I say I must receive response by such and such date, do I add on the extra 5 days allotted for mailing??

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