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Filed everything with JAMS, no response - what next?


IN_Girl
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Hello everyone, 

I was being sued by Midland and elected arbitration via JAMS, the court approved the MTC and I filed all of my paperwork in mid-January, along with my check to JAMS.  They have cashed the check, I had to send them some additional information, however Midland has done nothing.  It's been over 3 months!  What should I do?  Motion to dismiss?  Give them more time? Help!

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Sit tight.

 

Arbitration is unlike court, specially in JAMS. 

 

until all parties pay, nothing happens, Midland could decide to pay six months down the road and on its final notice, you never know . I would wait for JAMS to dismiss based on non-payment of Midlnd. (I had three dismissals each after one year and all for non-payment of the otherside).

 

JAMS will send 3 letters and on the last one will be final notice to the party who didn't pay. After that it will close the case.

 

Then when you have all papers in hand go to court and do anything you want with them.

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  • 2 weeks later...

on another note, i am very nervous about arbitration.  My agreement states that "reasonable" attorney fees could be awarded.  I read on one of the posts that one gentleman lost his case for approximately 2K, but they also included 40K for attorney fees.  Holy crap.  Does anyone have any insight to Midland or Indiana with Jams and the allowed fees.  I have looked everywhere and can't find anything.  Am I worrying for nothing?

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You have to check IN's consumer laws. It varies by state. Some states do not allow attorney fees to be charged to the other side. In CO, no more than 15% of the original debt can be added in lawyer fees, it can be less, subject to a judge ruling. IN consumer law should state something like that as well.

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You might notify jams and see if you can begin without them. Tell them you are ready to begin the arbitration. Midland filed the suit against you and has done nothing in over 3 months. Dont wait for them to move. The goal is to win an award against them and file it with the court and ask for sanctions for not arbitrating.

 

Indiana consumer laws

http://www.ai.org/legislative/ic/code/title24/ar5/ch0.5.html

http://www.state.in.us/legislative/ic/code/title34/ar57/ch2.html

http://www.in.gov/judiciary/rules/trial_proc/

http://www.in.gov/judiciary/rules/trial_proc/

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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  • 2 months later...

I just wanted to give everyone an update on this.  I received another letter from JAMS on Saturday stating that Midland has still not paid their fees.  This was the 2nd notice.  They are required to pay $675.  It also restated that attorney fees can be awarded, which still makes me nervous.  I looked at the Indiana consumer laws that RaceCar listed and all I see is where it says "reasonable attorney fees."  What's reasonable?  

 

So I am assuming the best move for me right now is to wait until they send out the next notice?  Is this correct?

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