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OC Atty Lied Re JAMS Initiation, I have proof, grounds to MTD?


jdfkl
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So OC atty opposed MTC. Court granted MTC under the Arb Act -- Judge basically felt his hands were tied.  

 

At that time, the judge spoke to the OC about the arb forum options at his disposal (even though I specified JAMS in my MTC...judge didn't notice, and didn't address me as the forum-chooser).

 

I don't remember receiving an actual order in the mail, but court records simply state "Stayed. Arbitration Act."

 

Early this year OC sends me a letter saying their hands are tied to initiate JAMS -- because JAMS doesn't allow creditors to initiate anymore, and that if I don't initiate then I lose my rights (he filed a copy of this letter).  I sent him a certified letter simply stating I was pursuing the matter (and filed it).

 

This OC atty has been fraudulent (criminally...really!), so I immediately dove headfirst into fact-checking JAMS "new" rules.

 

As evidence of my research I have records of emails to JAMS, phone records, a few FedEx mailings to JAMS, and a written response from JAMS that prove the OC lied regarding initiation.  (It took a few months to get JAMS to acknowledge my question.)

 

About 2 weeks after I finally received a response from JAMS (which the OC is unaware of), the OC motioned to resume proceedings based on his inability to initiate, and my failure to initiate.

 

I have the documents I need to oppose the motion -- based on the fact his motion is built upon lies. What I'm wondering is......

 

......Is the fact that I have proven he, an officer of the court, is boldfaced lying the court, in contempt of the Arb Act, and subvert his own agreement grounds to MTD?   Or is that too far-fetched?.... I have caught him red-handed.... and I don't know if I will get the chance to catch him red-handed again?  Or will I destroy my credibility with the court by overreaching?  Or --as the saying goes-- raise the point, or waive it?

 

 

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USC is correct IMO, you rarely would want to accuse the otherside of lying. But certainly, I would lay out all the facts you found. I would throw a barb or two about being lazy and not pursuing the courts direction with the same zeal, as he is trying to get out of arbitration.

Frankly, not sure why you just didn't initiate the arb, then you would not be fighting this battle. Courts can be fickle and if the judge is pro bank, you may find yourself back in court. Hope not, but always a possibility.....

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USC is correct IMO, you rarely would want to accuse the otherside of lying. But certainly, I would lay out all the facts you found. I would throw a barb or two about being lazy and not pursuing the courts direction with the same zeal, as he is trying to get out of arbitration.

Frankly, not sure why you just didn't initiate the arb, then you would not be fighting this battle. Courts can be fickle and if the judge is pro bank, you may find yourself back in court. Hope not, but always a possibility.....

 

If the other party is lying, and it can be proven, while I might not come right out and say "you're lying", why would it be a problem to point out that they're not being truthful?  

 

However, as far as any repercussions against the attorney, that might be a different story.  Perhaps he's going on what he's been told by his client.   Hopefully, the attorneys on the boards will offer some insight.

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You elected arbitration now initiate the arbitration with jams, send jams fifty bucks.

If you don't you may wind up with AA a more creditor friendly arbitration forum(plaintiff will pick AA if you don't file with Jams).

You need to be the forum-chooser for the reason above.

Read your credit agreement see the rules about who pays or if they will pay or advance the fees to you.

http://www.jamsadr.com/

http://www.creditinfocenter.com/community/topic/314030-the-strategy-and-steps-of-arbitration/

http://www.consumerfinance.gov/credit-cards/agreements/

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You elected arbitration now initiate the arbitration with jams, send jams fifty bucks.

If you don't you may wind up with AA a more creditor friendly arbitration forum(plaintiff will pick AA if you don't file with Jams).

You need to be the forum-chooser for the reason above.

Read your credit agreement see the rules about who pays or if they will pay or advance the fees to you.

http://www.jamsadr.com/

http://www.creditinfocenter.com/community/topic/314030-the-strategy-and-steps-of-arbitration/

http://www.consumerfinance.gov/credit-cards/agreements/

 

+1. Initiate with JAMS.

 

The evidence you mention from JAMS is hearsay. If someone else wrote it, you would need them to testify to it or provide an affidavit of its authenticity. Just initiate and avoid all this.

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I had to initiate in JAMS because the judge ordered me to claiming that the OC already expressed their preference for litigation over arbitration when suing me.

 

I did initiate .

 

But they wanted to oppose the court order and lied all over the place about how I managed to have a hearing

and they were not given proper notice. In their brief in opposition they tried to state that no forum would accept the case

even though I had already initiated.

 

They filed a motion in opposition and before the hearing was heard on this

I sent them, the attorney, a memorialization of exact steps I took, notices sent, and another copy of the jams

demand.

 

In addition I quoted back to them what they had said and did. And what the attorney wrote in his brief

not being correct and what actually I had done.

 

And I told the attorney I want her ( they switched attorneys)  to have this for her records as I would be

stating this in court during their motion..

 

Within a week I got a call from the atty wanting to discuss a mutual walk away.

 

Not saying this would work for you, but if you initiate, and go through the motions,

 

and then  write up exactly what they have told the court, about JAMS not accepting

and send it with your proof top them, that JAMS does acccept

 

stating that you wanted them to have a factual and truthful memorization of events from your records

that will be presented  they motion to resume it might work for you.

 

They would then be aware that you have something to prove they were not truthful.

(Kind of a wiggle room around the hearsay evidence, if they don't contest that immediately

with you. They would, in fact be accepting it.)

 

Might being the key word here.

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  • 2 weeks later...

Thanks for all the input.  I am listening!

 

 

 

They filed a motion in opposition and before the hearing was heard on this

I sent them, the attorney, a memorialization of exact steps I took, notices sent, and another copy of the jams

demand.

 

In addition I quoted back to them what they had said and did. And what the attorney wrote in his brief

not being correct and what actually I had done.

 

And I told the attorney I want her ( they switched attorneys)  to have this for her records as I would be

stating this in court during their motion..

 

Within a week I got a call from the atty wanting to discuss a mutual walk away.

 

 

 

 

 

DonqIII, a mutual walk away would be great.

 

May I ask ballpark about how much money they were willing to walk away from?  Just curious if that had an impact.

 

Thanks for the 411.   :-)

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Thanks for all the input.  I am listening!

 

 

 

 

 

 

DonqIII, a mutual walk away would be great.

 

May I ask ballpark about how much money they were willing to walk away from?  Just curious if that had an impact.

 

Thanks for the 411.   :-)

Just south of 2K

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