Getting into JAMS Arb with CItibank (maybe?)

[drpockets]

Well, folks, it looks like it's started - I think I'm in the early stages of Arb with Citi in JAMS.

 

The facts:

 

• Sued in Oct. 2012 by Citi
• Filed Answer, did Discovery, etc.
• Citi Atty filed MFSJ in March, hearing set for today (4/17/13)
• I elected Arb via JAMS last week, sent by fax to atty and Cert mail RRR.
• Same day, I MTC Arb to court.
• Same day I file with JAMS, send notice of doing so to atty
• Went to court today, saw on Docket that MFSJ was PASSED PENDING MOTION TO ABATE (didn't know exactly what that meant).
• Went before Judge, was told he got response from atty not opposing my motion
• Judge passed on MFSJ, stayed case, suggested I contact Citi atty
• When I got home, there was an e-mail from JAMS with attached Notice of the Consumer Minimum Standards of Procedural Fairness.
• E-mail back-and-forth between atty and JAMS - JAMS tells them I have filed, and paid portion of my fees. Citi has not paid yet.

SO - does this mean JAMS has accepted the case?

 

The debt is 5 figures, so I'm expecting a fight. Wish me luck.

[TomnTex]

If your going to do it, I would file before I told the other side and elect JAMS as Citi would probably try and push you towards AAA.

[lheart]

Yes, JAMS has accepted. But the arbitration does not commence until Citi pays their fees.

[Days Late Dollars Short]

Looks like you're off and running, and quickly I might add.  You better get busy on your formal complaint now.  Good luck to you.

[lheart]

Looks like you're off and running, and quickly I might add.  You better get busy on your formal complaint now.  Good luck to you.

You can start working on the formal complaint, but there is no need to file it until Citi pays their fees and then only on the last day of the deadline identified in the JAMS rules.

[howucan2]

You can start working on the formal complaint, but there is no need to file it until Citi pays their fees and then only on the last day of the deadline identified in the JAMS rules.

This !

 

BUT Be prepared for fight, Citi will pay and will go all the way !

[drpockets]

Spoke to their lawyer today and he wanted to know if he had my permission to request authorization from OC to discuss a settlement offer. I said he did, and he said he would contact me once he had that authorization.

 

As of now, I haven't been notified by JAMS that OC has paid the fee, and the lawyer wants to talk settlement. They did offer settlement just after filing MFSJ, about 35%, but I didn't accept because I could not pay it.

 

Should I be encourage by this, or is this standard procedure?

 

Thanks all!

[howucan2]

Actually it's a good sign, but don't expect anything less than 50% from Citibank.

 

I don't know your situation but I know that the lawyer you deal with has basically no power to accept anything, because there is behind the scene (Citibank arbitration/litigation department ) conductors in arbitration and litigation. That's the reason why he asked to facilitate talks !

[lheart]

Spoke to their lawyer today and he wanted to know if he had my permission to request authorization from OC to discuss a settlement offer. I said he did, and he said he would contact me once he had that authorization.

??? Why would he need your permission to communicate with his client?

That being said, settlement is what you want. Just be careful this attorney does not have you negotiating against yourself. He may try to play "good cop, bad cop" since he started with the "Can I have your permission...." line. He may try to say' ".. I told them to accept, but they are being unreasonable. Can you offer a little more?"

Good luck, and keep up the good work.

[drpockets]

Got a 35% settlement offer again. Still too much for me to afford, but I think it's a good sign.

 

Help me out if you can, anyone - should I go back to them with a really low offer and a lot of additional demands?

 

I figure the worst that can happen is they'll just say no and proceed with arb. I figure the best is I can get increasingly low offers until they hit something I can actually pay.

[drpockets]

OK, this one confuses me - AFAIK, JAMS accepted my arb request, sent info to OC's attorneys, and invoiced them.

 

I got a package in the mail Friday that OC has initiated with AAA, almost 2 weeks after I sent my info to JAMS (and to them), and a week after case was stayed in court to allow for arb.

 

Apparently, OC's attorneys sent a check to AAA with their and my fees.

 

I have not received anything from AAA.

[howucan2]

Someone better bring a class action against Citi for deceptive practices or every debtor who MTC wil be railroaded to AAA .

 

In court's order did it clarify which forum arb must be initiated in ?

 

 

Did you pay $250 JAMS initiation fee prior to Citibank initiation ?

[drpockets]

Court didn't mention any forum.

 

I made a partial payment.

[howucan2]

I would read the signed MTC order again.

 

if order specified you (defendant)  has to initiate then drag their behind back to court on motion for clarification, maybe throw in a motion for sanction if they disobeyed the court order.

 

There are other ways to do this too, if I was in your shoes I would consult a consumer attorney immediately (initial consultation is free).

[lheart]

What was the judges order for the MTC?