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Arbitration / JAMS Question


titans1987
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I am beginning to Strongly Consider arbitration in my cases but have a few questions I was hoping could be Answered by someone with more experience than myself

1. I found an agreement for GE that has JAMS and that the JDB will pay the filing fee. It also states •

they will pay $2500 dollars and I Can ask for them to pay more and they will consider the request in good faith

what precisely does that mean? are they bound in any way to pay? If not are the costs split between us or am I responsible for all of the charges?

2. Does electing arbitration waive any right to me for FDCPA violations?

3. I do need to Make an affidavit stating the agreement is true to the best of my knowledge

Are there any other steps or things I need to prepare for Concerning arbitration?

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1.  Look at JAMS consumer rules.  The most you have to pay is the $250 filing fee, and if the contract says the JDB pays it, then your cost of arb is NOTHING, in terms of fees.

 

2.  No, you can still sue for FDCPA violations, or use them as claims in arb against the JDB.

 

3.  Yes, that is a good idea.

 

Other things to do:  do a lot of reading, here, on Debtorboards, the JAMS rules, the agreement.

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I am filling out the JAMS paperwork to get it ready to go and am stumped on a couple points:
 
Nature of Dispute:  Claimant hereby demands that you submit the following dispute to final and binding arbitration.
Do I include the court case information here?  Not sure what to put at this part.
 
Claim & Relief Sought by Claimant:  claimant asserts the following claim and seeks the following relief.
How in depth do I get on this - do I point out that the entire claim should be dismissed and it is because of Reasons A, B, C, & D with an explination of each point.  Do I also include what I believe to be FDCPA violations against the JDB?
 
Also - for submission to my "Local" JAMS Resolution Center - do I simply choose the location closest to me?
 
If the agreement says that I only pay $50 or they pay all - do I mail it in with my $50 and note that the agreement states the creditor will pay the rest?  If they are to pay it all, can I send it in with no payment making a note of that or do I need to demand the payment from the JDB before filing these with JAMS?

 

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I am filling out the JAMS paperwork to get it ready to go and am stumped on a couple points:
 
Nature of Dispute:  Claimant hereby demands that you submit the following dispute to final and binding arbitration.
Do I include the court case information here?  Not sure what to put at this part.
 
Ok, you are filing a claim aginst the JDB for some type of consumer law violation.  If the JDB decides to play ball (not likely due to the cost of JAMS), they would file a counterclaim against you for the debt.  At this point, you can be general and just state violations of state and federal consumer protection laws.  You will need to provide more details when you file your formal complaint.  If they pay up.
 
Claim & Relief Sought by Claimant:  claimant asserts the following claim and seeks the following relief.
How in depth do I get on this - do I point out that the entire claim should be dismissed and it is because of Reasons A, B, C, & D with an explination of each point.  Do I also include what I believe to be FDCPA violations against the JDB?
 
Again, be general at this point.  Don't even mention their court case, unless that is part of their violation.  You do need to seek some monetary damages, as provided in the FDCPA.  There are statutory damages ($1K) and actual damages.  Certainly, this has caused you emotional distress, right?  Dismissal of the court case (or a stay of same) will be sought in your motion to compel arb filed with the court.
 
Also - for submission to my "Local" JAMS Resolution Center - do I simply choose the location closest to me?
 
Yes, that would work. 
 
If the agreement says that I only pay $50 or they pay all - do I mail it in with my $50 and note that the agreement states the creditor will pay the rest?  If they are to pay it all, can I send it in with no payment making a note of that or do I need to demand the payment from the JDB before filing these with JAMS?
 
Yes, if the agreement says you only pay $50, just send JAMS $50 and state the agreement says the creditor pays the rest.  If they pay all, send no payment to JAMS and, again, reference the agreement.  Unless the agreement says you need to pay first and then get reimbursement from the creditor.

 

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