PAULA

ARBITRATION INITIATION GRANTED BY JUDGE

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I am ordered to stay proceedings pending Private/Contractual Arbitration. Proceedings stayed for 30 days for defendant to initiate arbitration.

 

My question is: I know I need to prove the judge I initiated JAMS, do I send a cover letter to judge stating that I initiated Jams and please find enclosed proof of service and copy of Initiation cover letter? I also send the same documents to lawyer/ firm of the OC?

 

Letter smth like below?

Judge name

Judge address

 

My name

My address

 

Case Number:

 

RE: Arbitration Initiation Order

 

Dear Sir/Madam

 

Please find enclosed a copy of the Arbitration Initiation letter that was filled with JAMS (together with the corresponding attachments) and proof of service.

 

Thank you in advance.

 

If you have any questions do not hesitate to contact me at: xxx-xxx-xxxx.

 

Regards,

 

Typed name

 

Please jump in and advise!!!!!

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I don't have any advice but my observations are:

Assuming a collection lawsuit brought by a plaintiff and a favorable ruling on a defendant's motion to compel arbitration, I would probably review whether it makes sense to object to the court basically ordering me to "sue myself". If JAMS permits the plaintiff to file a claim against a consumer based on an alleged debt ideally I would want to have them be the one to file a claim, assuming they choose to do so. If they have a choice of forums to initiate arbitration in I might have to "sue myself" to lock in the consumer preferred JAMS forum.

 

If the alleged creditor is an OC I am curious what specific arbitration claim a consumer would be filing. If the alleged creditor is a JDB it is likely there might be some valid claims for the consumer.
 

I would want to have a very good understanding of the applicable arbitration statutes. Assuming FL is the governing law, here is a link to some of the arbitration statutes: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0682/0682ContentsIndex.htm

 

As required by California Code of Civil Procedure § 1281.96, here are the current statistics from JAMS http://www.jamsadr.com/files/Uploads/Documents/JAMS-consumer-arbitrations.pdf

 UPDATE 3/3/2014: JAMS statistics are now a spreadsheet instead of a pdf file and are found on this page http://www.jamsadr.com/consumer-arbitration-disclosures/ under a this link: Download quarterly disclosures

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No, I haven't received a response yet. I sent the papers in and printed out the confirmation of receipt, if I wait to hear, I am passing the 30 days from court order. I don't know if I should let the court know that I initiated arbitration as ordered or I don't have to.

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I have received answer from arbitration. the lawyer paid initiation fees also. I let the court know about me initiating prior the 30 days.

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Paula,

I have read you other post also. Let's start with the answers to those questions first. You should create an email address to use for the arbitration. It is much easier, and better than the phone. This way you have your's and the othersides communicaiton in writing. Not a lot of wiggle room when it is in an email, although that works both ways.

Next you need to get yourself a copy of the JAMS consumer rules, and also review the "Comprehensive Rules". You need to study these as they will be the rules to the game. They may push for Streamline Rules, you really don't want this if you can stop it, shoot for Comprehensive. This is where they will have to spend the most.

You mention both sides have paid, meaning the arb is moving forward. You should recieve a letter from JAMS that will have a case number. This is considered a commencement letter, depending on the rules used you will have either 14 or 7 days to submit you full detailed claim. The otherside will then have 14 or 7 days to answer.

This should keep you busy for a day or two until Linda returns.

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Thank you for helping me. I don't know what you mean by an email for arbitration( for this forum or for Jams and lawyer? - I already have provided email for arb and lawyer)...JAMS sent me and the lawyer an email with an attachment saying that after both parties pay their share an arbitrator will be chosen. the attachment is a notice of intent to initiate arb. It also states that pursuant to the parties dispute and arbitration rules it will be conducted acc to JAMS Streamlined arb rules & procedures arb rules. Can I still request the comprehensive? He says I can call or email if I have questions. He also included the Minimum Standard Procedural Fairness Document.

So lawyer did not pay his share yet...and he tried to call me yesterday. Left a voicemail to return his call. Is he looking to make a deal? What do I do?

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Thank you for helping me. I don't know what you mean by an email for arbitration( for this forum or for Jams and lawyer? - I already have provided email for arb and lawyer)...JAMS sent me and the lawyer an email with an attachment saying that after both parties pay their share an arbitrator will be chosen. the attachment is a notice of intent to initiate arb. It also states that pursuant to the parties dispute and arbitration rules it will be conducted acc to JAMS Streamlined arb rules & procedures arb rules. Can I still request the comprehensive? He says I can call or email if I have questions. He also included the Minimum Standard Procedural Fairness Document.

So lawyer did not pay his share yet...and he tried to call me yesterday. Left a voicemail to return his call. Is he looking to make a deal? What do I do?

Yesterday at 8:26pm you posted that the "lawyer paid inititation fees". This morning you say he didn't?

First nothing will move foward until both sides have paid the initiation fee. JAMS will not start a case without the fee being paid. It appears you know the rules by which they intend to use should this move forward, "Srteamline". Again you should go read the Streamline Rules, there are only 28 rules. You should at least start with rules 1-14. These give you the information upto the actual hearing, if it gets this far.

It will not hurt for you to speak with the otherside, as long as you know what your demands are. They maybe looking to settle prior to paying the initiation fee. I don't know how much you allegedly owe on the debt, if the amount is small, under $5K. They would be wise to settle quickly as the cost of arb will be much more than they will win. Know way to know unless you speak with them.

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tHANKS, SORRY FOR THE CONFUSION. I READ THE EMAIL FROM THE ARBITRATION REPRESENTATIVE IN A HURRY THE FIRST TIME , SO I MISUNDERSTOOD...LAWYER DID NOT PAY THE FEE YET.

Regarding contacting the lawyer, I thought I can ask him to communicate through email or mail as phone conversation "scares" me...I would feel more secure to give a prepared answer. Can I do that? how would I formulate that email? The amount is 10K.

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Paula,

Paula while I understand that speaking with the otherside is unpleasant and can be scary. That is exactly what the otherside counts on and how they win cases. Assume they pay the fees and you have to go all the way in arbitration, you will eventully have to speak with these people.

Given that I agree that email is the best form. But in order to get their email address at this point you may need to speak with the otherside, unless JAMS has provided you their email address.

If you can get the email address without speaking on phone then no need to call. Send the email and force the conversation via writing...

$10K is an amount that they may want to proceed with, but their costs will exceed that amount to win in arbitration.

In the end only you can decide how to proceed.

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THANK YOU.

 

Please understand that I have no experience with this type of things... I do have his email address so I will email him something like: " I have received your voicemail on xxx date, if possible please utilize email or mail as means of communication as it would be easier to follow up." What is your opinion, like I said, I am very appreciative of all your experienced advices. I just do not want to make the wrong move :(.

 

Forever grateful.

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THANK YOU.

 

Please understand that I have no experience with this type of things... I do have his email address so I will email him something like: " I have received your voicemail on xxx date, if possible please utilize email or mail as means of communication as it would be easier to follow up." What is your opinion, like I said, I am very appreciative of all your experienced advices. I just do not want to make the wrong move :(.

 

Forever grateful.

Sounds like a good plan, now put it into action!!!

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I EMAILED THE LAWYER. THANK YOU.

 

I received an order from the judge that Plaintiff's motion for mediation is  deferred (as I filled an Opposition to motion for mediation because judge ordered me to initiate arbitration and plaintiff did not give me enough time), but I have 10 days to submit proof to the Court that I initiated arb. I thought that a letter saying I initiated  + the JAMS demand form + proof of delivery for JAMS, plaintiff would be sufficient....What I can do is send the letter I received from JAMS - Notice of initiation + all the documents I send already.

Is there a specific format that I have to have to the new letter ( except court header, case no. etc)The letter would state:

 "Please find attached the following copies of my initiation of arbitration as ordered by Judge xxxx on xxx. Also find attached the letter of initiation from JAMS.

 

Respectfully submitted this day....

I CERTIFY that I mailed a copy of this letter to:

xxx, Plaintiff's attorney

Address

by:xxx, Defendant

Date

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I EMAILED THE LAWYER. THANK YOU.

 

I received an order from the judge that Plaintiff's motion for mediation is  deferred (as I filled an Opposition to motion for mediation because judge ordered me to initiate arbitration and plaintiff did not give me enough time), but I have 10 days to submit proof to the Court that I initiated arb. I thought that a letter saying I initiated  + the JAMS demand form + proof of delivery for JAMS, plaintiff would be sufficient....What I can do is send the letter I received from JAMS - Notice of initiation + all the documents I send already.

Is there a specific format that I have to have to the new letter ( except court header, case no. etc)The letter would state:

 "Please find attached the following copies of my initiation of arbitration as ordered by Judge xxxx on xxx. Also find attached the letter of initiation from JAMS.

 

Respectfully submitted this day....

I CERTIFY that I mailed a copy of this letter to:

xxx, Plaintiff's attorney

Address

by:xxx, Defendant

Date

Paula,

The above information is exactly what you need to send to the court. In you letter I would point out that the reason the arbitration has not moved forward is the fact that JAMS is waiting on Plaintiff to pay their portion of the fees.

I assume you have paid your $250 consumer fee,correct?

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lawyer emailed me asking if we can come to a resolution regarding the account... Help !!!!

So this is a good thing, as the otherside is not wanting to pay in JAMS. Doesn't mean they won't, but they are getting worried about costs, already.

Paula I don't know enough about your case to give you precise direction, but here are some general thoughts and ideas.

1. Winning is what you think winning is. This means if paying them some amount for this to be done, is a win for you and your finnacial situation then that works. Some folks around here winning is having the otherside pay you, some is both sides walkaway, others it might be paying 10% or more of the debt. So you see you need to know what winning is....

2. If you are going to make a first offer of settlement, you need to understand that there will be a counter offer. If you determined that settling for $1K on a $10K debt (10%) is where your final postion is, then you need to start with they owe you money. Realize most JDB when they think settling they are going to be at 70% of the debt or greater.

3. If you were file a claim with JAMS does the claim have any real teeth. Meaning do you have a FDCPA violation against the otherside, or are you stretching the envelop. It isn't a problem to strecth the envelope, that is how the arbitration strategy is designed. The reason I has is there should be logic behing you first offer. Example;

I will settle with JDB paying me $1500 this covers my FDCPA claim, cost for JAMS initiation, costs for answer and motion in court.

These are the things you need to consider prior to sending any email of settlement. In most cases I prefer to have the otherside make a first offer, this allows me to know where they are starting for sure. So my response might look something like this:

Plaintiff Attorney,

Recieved your email, I am preparing to send to the court and judge proof of my initiation if arbitration with JAMS. Included in that correspondence is the letter we recieved from JAMS case manager outlining that you have failed to pay your portion of the fees.

Given that I am open to a settelment, what is your offer?

Something like the above, very short, but lets them know they are getting ready to be slammed for not performing....

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lawyer emailed me asking if we can come to a resolution regarding the account... Help !!!!

That is precisely one of the two options that the "magic" of high cost arbitration is supposed to produce.  Hopefully this was expected and not a surprise to the OP.

 

...

If the alleged creditor is an OC I am curious what specific arbitration claim a consumer would be filing. If the alleged creditor is a JDB it is likely there might be some valid claims for the consumer.

...

I EMAILED THE LAWYER. THANK YOU.

 

...

I thought that a letter saying I initiated  + the JAMS demand form + proof of delivery for JAMS, plaintiff would be sufficient....What I can do is send the letter I received from JAMS - Notice of initiation + all the documents I send already.

Is there a specific format that I have to have to the new letter ( except court header, case no. etc)The letter would state:

 "Please find attached the following copies of my initiation of arbitration as ordered by Judge xxxx on xxx. Also find attached the letter of initiation from JAMS.

...

...

3. If you were file a claim with JAMS does the claim have any real teeth. Meaning do you have a FDCPA violation against the otherside, or are you stretching the envelop. It isn't a problem to strecth the envelope, that is how the arbitration strategy is designed. The reason I has is there should be logic behing you first offer. Example;

...

The leverage of JAMS appears to be in the high cost to the other side. The goal, as far as I know, is to stop the pursuit of a collection through legal forums or generate enough leverage to create a favorable settlement.

 

Strong consumer claims or counterclaims are what should cause a collector serious pause about moving forward in arbitration. Lacking strong claims/counterclaims the arbitration is going to be all about the cost of arbitration versus the size of the alleged debt along with: a.) the likelihood of an award covering their attorney fees/cost; and b.) their ability to collect on a confirmed award.

 

I would not file an arbitration claim without at least reading the applicable arb forum rules and procedures (they usually are not all that lengthy). If opposing called my bluff and participated in arbitration I believe I am responsible to have some idea of what I am doing and what to expect. Of course I view each case, where I am on the caption, as my case/responsibility and the judge/arbitrator and opposing are along for the ride.

 

I did not see an affirmative answer to the following question:

...

I assume you have paid your $250 consumer fee,correct?

I believe it is important to have paid those fees.

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Paula,

The above information is exactly what you need to send to the court. In you letter I would point out that the reason the arbitration has not moved forward is the fact that JAMS is waiting on Plaintiff to pay their portion of the fees.

I assume you have paid your $250 consumer fee,correct?

Yes, I did.

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Paula, be sure to read this thread at debtorboards - http://www.debtorboards.com/index.php?topic=25640.0

 

There are several members there that have gone up against the same OC with JAMS and were successful.  After you read through the thread, I'd post in the arbitration forum and let them know where you are with your case and get their input as well.

 

You might also send some pms to those that you see have posted in that thread and get their input into how to negotiate with this particular OC.

 

You have them right where you want them!  :wink: 

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Thank you, Linda! So glad you are back :). I will do so. As you see, they have been helping me in your absence. Thank you all.

 

I emailed back the lawyer as skippy1960 suggested and now I am waiting. The letter with proofs of initiating arbitration for the court was filled, but I read your msg too late so I did not mention anything about him not paying....I will keep checking with the court if they need anything else,I thought it's obvious in the letter from the arbitration that he did not pay yet.

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Paula, be sure to read this thread at debtorboards - http://www.debtorboards.com/index.php?topic=25640.0

 

There are several members there that have gone up against the same OC with JAMS and were successful.  After you read through the thread, I'd post in the arbitration forum and let them know where you are with your case and get their input as well.

 

You might also send some pms to those that you see have posted in that thread and get their input into how to negotiate with this particular OC.

 

You have them right where you want them!  ;-)

 

I keep trying to register for the website you gave me and no success, I am not getting the validation email....I will keep trying..

 

 

the lawyer emailed me back saying that he did not pay his part and my part yet because he just received the letter last week...please...what a lie..he knew since October about my election. He is also asking for 100% but monthly payments...I cannot afford even half of what he is asking per month...

What surprises me is the fact that I already had an offer from ammex earlier before the summons of 65% of the amount. So I thought his would be that or less.

I need to get on that website you gave me...

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So this is a good thing, as the otherside is not wanting to pay in JAMS. Doesn't mean they won't, but they are getting worried about costs, already.

Paula I don't know enough about your case to give you precise direction, but here are some general thoughts and ideas.

1. Winning is what you think winning is. This means if paying them some amount for this to be done, is a win for you and your finnacial situation then that works. Some folks around here winning is having the otherside pay you, some is both sides walkaway, others it might be paying 10% or more of the debt. So you see you need to know what winning is....

2. If you are going to make a first offer of settlement, you need to understand that there will be a counter offer. If you determined that settling for $1K on a $10K debt (10%) is where your final postion is, then you need to start with they owe you money. Realize most JDB when they think settling they are going to be at 70% of the debt or greater.

3. If you were file a claim with JAMS does the claim have any real teeth. Meaning do you have a FDCPA violation against the otherside, or are you stretching the envelop. It isn't a problem to strecth the envelope, that is how the arbitration strategy is designed. The reason I has is there should be logic behing you first offer. Example;

I will settle with JDB paying me $1500 this covers my FDCPA claim, cost for JAMS initiation, costs for answer and motion in court.

These are the things you need to consider prior to sending any email of settlement. In most cases I prefer to have the otherside make a first offer, this allows me to know where they are starting for sure. So my response might look something like this:

Plaintiff Attorney,

Recieved your email, I am preparing to send to the court and judge proof of my initiation if arbitration with JAMS. Included in that correspondence is the letter we recieved from JAMS case manager outlining that you have failed to pay your portion of the fees.

Given that I am open to a settelment, what is your offer?

Something like the above, very short, but lets them know they are getting ready to be slammed for not performing....

Thank you so much for this extremely helpful answer!

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I DON'T KNOW HOW MUCH TIME DOES HE HAS TO MAKE A DECISION ABOUT THE  ARBITRATION.

 

I CAN'T REGISTER WITH DEBTORBOARDS.... It is driving me crazy, I tried with 2 emails...checking spam email also and nothing...

I tried again and it is impossible....

 

I need some help please. 

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Paula,

Lawyers response is normal and his first ask is exactly what it should be in trying to get what he wants. (as much as they can)

A few questions that need answers,prior to responding-

1. Have you been sending all information to the attorney, Certified Mail Return Reciept? Example when you file a claim with JAMS you must serve the otherside, inorder for JAMS to accept your claim and start the process? What date did you do this?

2. Do you have the offer from AMEX at 65% in writing?

3. Did you send your earlier letters electing arbitration, CMRR? How many did you send? What dates were the sent?

4. What is the amount of you claim agaist the otherside that you intend to file with JAMS, should you need to.

5. What is you cause of action for your JAMS claim, FDCPA,TCPA, FCRA etc. ?

In order to give some guidance need to have more specifics....

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1. yes, I did everything Certified Return, will get my dates in order tonight.

2.yes

3. yes, it was an election letter to lawyer and amex, before my MTC. Dates- tonight

4. confused with this...

5. working on it, might need some guidance...

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