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HeatherW

Assignment to Arbitration in NV

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I was served a Summons and Complaint in February, which I Answered on March 17. I am being sued by a JDB on a credit card debt.

 

I just received a notice from the court (2nd Judicial District Court, Washoe County, NV) dated April 17 which is an "Assignment to Arbitration". It goes on to say,

 

 

"To all parties or their respective counsel of record:

      Pursuant to Nevada Arbitration Rule 6©, you are being provided with the following list of arbitrators selected at random from the panel of arbitrators assigned to the Court Annexed Arbitration Program:   (lists the names of 5 arbitrators here)."

 

 

 

The Nevada Arbitration Rules are here: http://www.washoecourts.com/ARBITRATION/PDF/NAR.PDF

 

I have 10 days to choose two arbitrators from the list provided.

 

Anyone have any experience with this scenario that can offer some guidance?

 

Thank you!

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You don't want this, and this is not the arbitration that is discussed here in this forum.

 

What you have been referred to is court-administered arbitration.

 

What is discussed here is private, contractual arbitration in an arbitration forum such as JAMS or AAA, preferrably JAMS, from the consumer's point of view.

 

Who is the OC?  See if there is an arbitration clause in the cardmember agreement.  If there is, you can file a motion to compel private, contractual arbitration with the court and hopefully get out of the court and into JAMS.

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I found the agreement and the arbitration clause. It states in relevant part "The party filing a Claim in arbitration must choose one of the following two arbitration administrators: American Arbitration Association or National Arbitration Forum."

 

I understand from reading this forum that AAA is not the way to go, but I don't recall mention of NAF. I will look through this forum and see what I can find on NAF.

 

From reading the Nevada Arbitration Rules, it look like the program is mandatory for all cases with few exceptions:

 

 

Rule 3.
Matters subject to arbitration.
 
(A) All civil cases commenced in the district courts that have a probable jury award value not in excess of $50,000 per plaintiff, exclusive of interest and costs, and regardless of comparative liability, are subject to the program, except class actions, appeals from courts of limited jurisdiction, probate actions, divorce and other domestic relations actions, actions seeking judicial review of administrative decisions, actions concerning title to real estate, actions fordeclaratory relief, actions governed by the provisions of NRS 41A.003 to 41A.069, inclusive, actions presenting significant issues of public policy, actions in which the parties have agreed in writing to submit the controversy to arbitration or other alternative dispute resolution method prior to the accrual of the cause of action, actions seeking equitable or extraordinary relief, actions that present unusual circumstances that constitute good cause for removal from the program, actions in which any of the parties is incarcerated and actions utilizing mediation pursuant to Subpart C of these rules.

 

As stated here, it looks like the time has expired for me to be able to file for an exemption from the program, since I needed to file my request within 20 days of submitting my Answer to the Complaint. I don't know anything, but it looks like I don't have grounds for my case to be exempt.

 

Rule 5
Exemptions from Arbitration
A party claiming an exemption from the program pursuant to Rule 3(A) on grounds other than the amount in controversy, the presentation of significant issues of public policy, or the presentation of unusual circumstances that constitute good cause for removal from the program will not be required to file a request for exemption if the initial pleading specifically designates the category of claimed exemption in the caption. Otherwise, if a party believes that a case should not be in the program, that party must file with the commissioner a request to exempt the case from the program and serve the request on any party who has appeared in the action. The request for exemption must be filed within 20 days after the filing of an answer by the first answering defendant, and the party requesting the exemption must certify that his or her case is included in one of the categories of exempt cases listed in Rule 3. The request for exemption must also include a summary of facts which supports the party's contentions. For good cause shown, an appropriate case may be removed from the program upon the filing of an untimely request for exemption; however, such filing may subject the requesting party to sanctions by the commissioner.

 


So, am I screwed? Do I still have options?

 

Thanks again.

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Can I file a motion to compel arbitration (per my credit card arbitration clause) anyway, even though it's this late in the game? How relevant are the NV Arbitration Rules in this case, or does my credit card agreement supercede the NV Rules?

 

OR does the above-mentioned Rule 5 - Exemptions from Arbitration and its time limit of requesting exemption within 20 days of filing my answer completely end all my options?

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I don't know about Nevada law, but it never hurts to try to get into private arbitration.

 

There are some Chase agreements with JAMS.  Check on cardmemberagreements.org and on Debtorboards.

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So regardless of the two arbitrator option given in the Chase agreement that I have (AAA or NAF), if I can find another Chase agreement that allows the option of choosing JAMS, I can use that? How does that work?

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@HeatherW

 

What year was the acct. opened and closed?    About how much is debt?

 

Find this thread in this arbitration forum  "Linda7 Steps and Strategies of Arbitration" 

It is usually on the first page - read it, it will help you understand the process a little better.

 

If you are able to MTC private arbitration you'll need to move quickly.

 

www.cardmemberagreements.org/chase-bank/ 

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Account was opened in 2005, closed in 2007. Debt is approx. $17,000.

I've been reading through the Strategy and Steps of Arbitration post, but still have more reading to get through. I'm finding it very helpful. 

 

I was quoting from the NAR Rule 5 in my previous post above, but Rule 6 A, states either party can stipulate for private arbitration:

 

 

Rule 6.
Assignment to arbitrator.
(A) Parties may stipulate to use a private arbitrator or arbitrators who are not on the panel of arbitrators assigned to the program, or who are on the panel but who have agreed to serve on a private basis. Such stipulations must be made and filed with the commissioner no later than the date set for the return of the arbitration selection list and may require the use of any alternative dispute resolution procedure to resolve the dispute. The stipulation must include an affidavit that is signed and verified by the arbitrator expressing his or her willingness to comply with the timetables set forth in these rules.

 

How do I obtain this affidavit from the arbitrator?
I have until Wednesday, May 1 to get this filed.
 
I am also looking at that link to the Chase credit card agreements. What if I can't find a survivability clause, which would allow me to choose JAMS?

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Heather,

 

Do you know when you made the last payment or the DOLA on this acct?  If it charged off in 07 it may possibly be past the SOL.

 

I looked at the Chase 05 with JAMS agreement (it also lists AAA or NAF)  It says that it includes claims that arise in the past, present or future.  That sounds like survivability to me.  Since your acct was opened in 05 I think you should be able to use that one. 

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I just (quick) checked - credit card debt in Nevada is considered an open ended acct. and the SOL is 4 years.

 

I think you can fight this - maybe easier to do through the court as you may not even need arbitration if it is indeed a time barred debt.  You need to know the date of last activity.  Have you ever acknowledged the debt or made any payments even to a collection agency in the last 4 years?

 

I'm new here and not very experienced, hopefully others here will jump in to help.  If not I'll try to point you in the right direction to the best of my ability.

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-DLDS- thanks for your responses. I also saw the survivability clause in the 2005 Chase Agreement, so that looks good.

 

My original thread about this lawsuit is here:

http://www.creditinfocenter.com/community/topic/319819-being-sued-by-jdb-in-nevada/

 

There are posts there about the SOL issue. The last activity on the account was July 2007.

I just posted there that I think I do want to file a Motion for Judgment on the Pleadings, and use the SOL argument. If you have any advice or specifics on how to do this I'm all ears.

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Seems like you could do a MTD based on SOL.  They didn't produce a signed contract (or anything else for that matter) so it should be 4 years.  If and when you motion either to dismiss or for judgement on the pleadings, do make sure and schedule the hearing when you file it.  Be sure to have the order ready to so the judge can just sign it easily in case he looks at everything and decides that they have no case

 

If you think judge may not be fair- then it may be safest route to just go ahead and file MTC, notify JDB of arb election with JAMS and initiate with JAMS.  I'd do all of it on Monday if possible.  Go buy some RedBull!

 

You'll  need to see how to get an extension on the arb order until after the ruling on the MTD or MTC.

 

You have some options, you need to decide which way to go and get busy getting all the paperwork together.

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The JDB also included "account stated" as one of their causes of action in their complaint. I understand from reading this board that it makes a much more difficult issue to argue against than just merely the SOL. So now I am unsure if I should proceed with the MSJ. Nobody on my other post topic has answered my questions about that.

 

After looking at the process to get going with JAMS, I don't see how I can file an affidavit from JAMS with my stipulation to choose private arbitration with the court. There is no provision in the NV Arb Rules for extensions. I think I'm out of time to stipulate for private arbitration.

 

I saw from looking at the JAMS election materials that it now costs $400, not $250 to initiate with JAMS? Is this correct?

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The fee for consumer-initiated arbitrations in JAMS is $250.  Look for the consumer standards on their website.

 

I would still try for private arb.  In private, contractual arb, the governing law, usually cited in the agreements, is the Federal Arbitration Act, not state law.

 

I am not familiar with NV law, but I would suggest looking for the NV arbitration act.  The state-level arb acts usually mirror the federal act.

 

Also look for NV case law on when going too far in litigation waives arb rights.

 

If you try for arb, all they can say is no.  If you don't try, you don't know if it will work.

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Thanks nobk4me, for providing some clarification and a glimmer of hope!

 

I called the court clerk and was granted a one-week extension to delay the start of the court-mandated arbitration, to give me time to try to get into private arbitration with JAMS. Yesterday I served the election for JAMS on the opposing party, and sent in my forms to JAMS.

 

I doubt that opposing party will respond in a timely manner, so when May 8 (my one-week deadline) rolls around, I don't know what I'm going to tell the court clerk. Any ideas?

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You will probably need to do more than file against them in JAMS.  Unless the extension granted by the clerk covered this.

 

Arbitration, after you have been sued, has two parts. One part is filing with the arb forum.  The other part is filing a motion to compel arb, and to stay the case pending arb, with the court.  This second part is what brings the court case to a halt.

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