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How to determine if my case is eligible for JAMS?

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I'm being sued by OC Capital One in CA. The account in question was opened 2/1/2008.

 

I found a 2008 Cap One agreement online: http://www.scribd.com/doc/34862708/Cap1cardagreementArb

 

And section 15 seems to indicate that I can elect for JAMS.

 

 

Arbitration seems to be controversial topic on this forum with many against it. 

 

I'm in CA and reading the JAMS "Consumer Minimum Standards" it seems like the Plaintiff would have to pay most of the arb fees and additionally would be bared from making me pay their costs and attorneys fees even if they win.

 

http://www.jamsadr.com/rules-consumer-minimum-standards/

 

Is that right or am I missing something big?

 

Thanks

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Plaintiff would have to pay most of the arb fees

 

 Actually, since you are in Cali, they might have to pay ALL of your fees, regardless of what the Arb Clause says, if you qualify for the JAMS Fee Waiver.

 

If your Total Gross Household Income is less than 3 times the Federal Poverty Level, you qualify.

 

http://aspe.hhs.gov/poverty/13poverty.cfm

 

Start with $11,490 for yourself.

add $4,020 for each person living in your house, then triple it.

 

If your income is less than that amount , you qualify.

 

Fee Waiver and JAMS Demand are attached.

 

First, complete the JAMS Demand, then make at least 4 copies.  You are gonna send 1 copy to the OC, the original and 1 copy to JAMS, 1 copy for the court (if needed later) and at least 1 copy for yourself.

 

Second, make at least 5 copies of the Cardholder Agreement.  You are gonna send 1 copy to the OC, 2 copies to JAMS, 1 copy for the court (if needed later) and at least 1 copy for yourself.

 

Send to the OC, via CMRRR, the letter electing Arb, a completed "JAMS Demand," and a copy of the Cardholder Agreement showing JAMS.  This is your "Election" of Arb in JAMS.

 

When you get the Green Card, make a copy for JAMS.  Complete the Fee Waiver.  Send the copy of the Green Card, Fee Waiver, the original and a copy of the JAMS Demand and 2 copies of the Cardholder Agreement to JAMS.  This is your "Initiation" of Arb with JAMS.

 

Feel free to use the following verbage in your election letter.  I prefer to let them know what is headed their way.  ::devillaugh::

 

     "As you have not provided a XXXX Cardmember agreement, I have taken the liberty of finding one which shows JAMS as the private contractual arbitration forum and hereby elect to arbitrate this dispute.

JAMS initiation paperwork will be sent to you shortly, followed by the commencement paperwork sent directly from JAMS, including OC/JDB’s costs, as well as my $400 cost as I am eligible for the California JAMS Fee Waiver."

JAMS Fee Waiver Blank.doc

JAMS_Arbitration_Demand.pdf

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Thank you cjb3, 

 

This is extremely helpful!

 

I will contact JAMS about the fee waiver. If they want my Gross Adjusted Income (GAI) then I qualify. However my "Total Income" is just slightly over the cutoff. Hopefully it is the former that they want.

 

One last question I had about the arb procedures: 

 

Besides sending all the paper work to the OC and their council as well as JAMS don't I also need to send something into the court? In fact don't I need to "Motion to Compel Arbitration"?

 

As for timing I would need to do this before, or even instead of, sending my Answer to the court. Is that correct?

 

Thank you so much!

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"Total Income" is just slightly over the cutoff. Hopefully it is the former that they want.

 

Yes, it is gross income and, if you are married, you need to add your spouses.  I will edit my post to reflect "Total Gross Household Income" for future use..

 

First, You must answer the complaint!!  Do this first.  I know it sucks that in Cali, you have to pay $275 to file an answer (or has it gone up?)

 

Second, follow the steps above including the Election.

 

Initiation seems to be an issue lately. It appears that some folks elect JAMS, but end up with AAA because -

     1 - the Cardholder Agreement gives both choices, and

     2 - the debtor does nothing after electing, and

     2 - the OC beats the debtor to the Initiation by doing it with AAA.

 

So, if your Cardholder Agreement gives a choice, then Initiate as soon as you get the green card back.

 

Personally, I would file the MTC Arb at the same time as I file the answer, if timing permits.  Otherwise, file it after the answer is filed.

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Thanks for that, I will be sure to file them as close together as I can.

 

 

I've run into an issue filling out the JAMS Arbitration Demand. 

 

I need to fill out the section "Claim & Relief Sought By Claimant".

 

However, since I am the defendant, what claims I could I possibly be bringing?

 

Thank you

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Think of it this way.  In Arb -

 

Claimant = Plaintiff

Respondant = Defendant.

 

Since YOU are filing in JAMS, you are the Claimant, they are the Respondant.

 

Since THEY fled in Court, they are the plaintiff and you are the defendant.

 

Under the "Claim & Relief Sought By Claimant" section,.I usually put

 

"My detailed complaint, including evidence, will be filed later.  Monetary relief for my fees and statutory damages include, but not limited to, $x,xxx plus punitive damages."

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Interesting.

 

So I file a claim against them and then they file a counter claim against me for their original claim? 

 

It seems like the original claim that they filed in court would need to be arbitrated somewhere down the line.

 

I will claim monetary relief for the fees I had to pay to file my answer and also I'm assuming to file my MTC Arb.

 

Thank you

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I will claim monetary relief for the fees I had to pay to file my answer and also I'm assuming to file my MTC Arb.

 

Yes, and don't forget, your other costs, ie, paper, ink, copies, postage mileage etc.  Also, any FDCPA, FCRA and TCPA damages caused by their CA's under Respondant Superior".

 

 

So I file a claim against them and then they file a counter claim against me for their original claim?

 

Yes, so include in your Claim your issues regarding your dispute the amount of the debt, etc.

 

What is the aleged debt amount?

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Yes, and don't forget, your other costs, ie, paper, ink, copies, postage mileage etc.  Also, any FDCPA, FCRA and TCPA damages caused by their CA's under Respondant Superior".

 

 

I don't think they have committed any violations. Before I was served they never once contacted me. I had been communicating with the OC but the last I heard from them was a letter notifying me of the Charge Off. That was 3 months ago.

 

Then nothing, no collection attempts, no settlement attempts, no letters, nothing until I got served. 

 

So unless they were required to contact me I don't think they could have violated any rules.

 

 

Interestingly in their their "Second Cause of Action (Account Stated)" They claim that:

 

"Within the past three years, in <County>, California, an account was stated in writing by and between Plaintiff and Defendants and it was agreed that a balance of $9,XXX.XX was due to Plaintiff from the Defendants."

 

They certainly didn't send me anything in writing and I never agreed that a balance was due.

 

 

Yes, so include in your Claim your issues regarding your dispute the amount of the debt, etc.

 

What is the aleged debt amount?

 

The alleged amount is approximately $9.6k. It seems to have grown with interest and fees. When I last was able to access my account it was $8.4k.  

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Hi I'm VERY new to this site and am being sued by portfolio recovery for an HSBC Orchard card opened in 09. Still confused as to what my options are and if/when to elect Arbitration. I have yet to be served with summons (but sure it should be any day now) and have only found out about the case filed against me by PRA through recent attorney advertisements in the mail and confirmed it by doing a public record search online for my county magistrate court with the case # that was provided in the advertisements. I live in Atlanta, GA. Any advice on where to start and how to best prepare myself would be greatly appreciated. Please let me know if you need more info on my interactions with PRA since they acquired this account. Thank you!!

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