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miker735

Election of Arb Followup

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I am sending an attorney/collection firm a followup letter to a lawsuit that was filed against me in NJ. I have about 20 days to answer the lawsuit. In the letter I am reiterating that I elected JAMS to resolve the matter. I am making a demand that the lawsuit be dropped or stayed pending the arbitration. Can I put a reasonable time limit on the days that I am expecting them to respond? If they don't respond within the time limit I would then file the answer and the MTC at the same time.

 

Do I also have to send the same letter to the OC as well even though they are being represented by the  attorney?

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

 

I would send a letter to plaintiffs law firm electing arbitration with Jams also send a copy of the credit agreement with arbitration.

 

Then answer plaintiffs complaint electing arbitration with Jams as an affirmative defense and request the trial court stay proceedings pending arbitration with your motion. You will need a copy of the credit agreement with arbitration to give to the court as proof of a valid agreement to arbitrate.

 

I would not send a copy to the OC if it is a JunkDebtBuyer bringing the case.

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Thank you. In addition, the attorney who filed the complaint certified that he had no knowlege of "pending" arbitration or "contemplated"  arbitration even though I elected arb in the letter. If I elected arb wouldn't it appear that it was contemplated? A knowledgable person I spoke to feels the certification relied on a false statement and should be reported to the State Board of Ethics and pointed out to the court. Has anyone else discovered this in a complaint?

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How did you notify them that you wanted arbitration?

I notified them in an initial letter sent as a followup to their first letter stating that they were an attorney/debt collector collecting for the original creditor.  I notified that I elected arbitration with JAMS. The letter was sent CMRRR.

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