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Court ordered county arbitration - what to do?


columbiacrossing984
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Thank you all for help.

 

I am in Oregon.

 

I followed Linda7's wonderful arbitration strategy so far.

 

- Answered plaintiff's complaint

- Filed MTC to private arbitration

- Initiated JAMS arbitration

- JAMS arbitration already commenced

 

Everything was going as planned, then all of a sudden the court sent me the notice that the case has been transferred to County Arbitration and told me that I need to pick an arbitrator in 21 days. The letter does say that I can file a Motion for Exemption from Arbitration within 14 days.

 

Questions:

 - Is there any sample MTE that I can use?

 - If not, can I just use the original MTC I filed and rephrase it here and there?

 - any other tips?

 

Thanks!

Mike

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Thank you all for help.

 

I am in Oregon.

 

I followed Linda7's wonderful arbitration strategy so far.

 

- Answered plaintiff's complaint

- Filed MTC to private arbitration

- Initiated JAMS arbitration

- JAMS arbitration already commenced

 

Everything was going as planned, then all of a sudden the court sent me the notice that the case has been transferred to County Arbitration and told me that I need to pick an arbitrator in 21 days. The letter does say that I can file a Motion for Exemption from Arbitration within 14 days.

 

Questions:

 - Is there any sample MTE that I can use?

 - If not, can I just use the original MTC I filed and rephrase it here and there?

 - any other tips?

 

Thanks!

Mike

Have you filed any of your JAMS paperwork with the court?  If not, I think I would file a motion for exemption from court arbitration and within state that the governing agreement allows the consumer to pick private/contractual arbitration and that pursuant to the terms of the agreement, you have selected JAMS.  Then I would attach your JAMS paperwork.  Let them know that you had previously filed a MTC private/contractual arbitration.  Make sure to attach a copy of the JAMS commencement too.

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Great. Thank you so much Linda!

 

As for the orignal MTC I had it notarized, and sent copies to the plaintiffs. Do you think I should do the same with motion for exemption?

Yes, always send a copy CRRR to them. 

 

Did you also file an affidavit with your agreement saying it was the agreement that governed the account?  That should have been done when you filed the MTC arbitration, but if you haven't - then I would do it with this motion and highlight the arbitration provision and attach the affidavit.

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