PAULA

ARBITRATION INITIATION GRANTED BY JUDGE

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The 30 days are coming up, how can I find out. I think the lawyer called me today but no voicemail. After my calculations it would be by the end of this week. Can I call JAMS?

Nothing in the mail or email from any of them....

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They will get a bill for the retainer of about $5k soon.  They may or may not continue and pay this portion.

 

MAYBE.  Everyone always jumps to the conclusion that a retainer fee is paid by a creditor or JDB in every case they file against a consumer.  It isn't accurate.

 

There are a MYRIAD of ways to retain a law firm and for large JDBs, creditors, etc. they often negotiate ONE yearly retainer fee that is very large.  It is paid quarterly or semi-annually and negotiated for a set number of total billable hours under specific circumstances and may include a percentage of money actually collected as a bonus to the firm.  If the law firm can get 10,000 cases done in a year for that annual retainer so be it.  20,000 fine.  

 

Stop and consider that this may be why filing of suits slows down considerably right before the fiscal year ends:  billable hours are running out and the plaintiff does not want to increase their fees.

 

The notion that it will cost them $20k in fees to pursue a case or arbitration is false.  It might not cost them a thing out of pocket but will hit against the retainer.  It would not be uncommon for the firm to approach their client with a run down of how many billable hours they believe it will take and whether it is wise to pursue the case and ultimately the plaintiff decides.  This is why small dollar amounts they are more likely to walk away from but when you start to get into five figures they will go to arbitration because the rules are much more lax and it is much easier to get their "documents" admitted.  

 

Simply assuming they will walk away because arbitration is expensive and it will be out of pocket for them is a mirage that could be dangerous to chase.

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They have only paid the initial fee.

 

They will get a bill for the retainer of about $5k soon.  They may or may not continue and pay this portion.

I would assume this means the next bill from JAMS.

 

There is limited information available to consumers regarding arbitration. I would want to make use of all of it. Links to some arbitration information for JAMS and FL were posted in post #2.

 

I prefer litigation to arbitration.

 

Arbitration is risky.

Litigation is risky.

Represented parties opposing represented parties lose approximately 50% of the time in court. For every winning party there is likely an equal number of losing parties.

Unrepresented parties lose plenty of the time in court.

Consumers that go to a final hearing in private contractual arbitration over a debt collection dispute are most likely to lose from everything I have read.

 

The purpose of arbitration in a alleged debt dispute is to scrape the scum off my shoe. If that scum is similar to bubble gum I may experience some angst about the decision to enforce arbitration.

 

Whether litigating my case in arbitration or court I must know the rules or the learning curve is likely going to be brutal and brief. IHMO

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Ok,

So I received the Commencement of Consumer Arbitration - notice to all parties.

I have a list of available arbitrators, we are asked to agree on an arbitrator or if we do not agree I have to send a list with two names then rank the rest in the order of preference. I have 7 days to return the strike list.

 

My question is how do we agree on an arbitrator? we do not communicate. Am I supposed to email the lawyer asking if he agrees with my choice or get the case manager involved which will draw a higher bill? Please help

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Ok,

So I received the Commencement of Consumer Arbitration - notice to all parties.

I have a list of available arbitrators, we are asked to agree on an arbitrator or if we do not agree I have to send a list with two names then rank the rest in the order of preference. I have 7 days to return the strike list.

 

My question is how do we agree on an arbitrator? we do not communicate. Am I supposed to email the lawyer asking if he agrees with my choice or get the case manager involved which will draw a higher bill? Please help

Unless the process is specified in the agreement between the parties I would start by looking at Rule 15. Arbitrator Selection and Replacement.

 

The JAMS ADR Clauses, Rules, and Procedures can be found in post #17

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MAYBE.  Everyone always jumps to the conclusion that a retainer fee is paid by a creditor or JDB in every case they file against a consumer.  It isn't accurate.

 

…..

 

Oh, Clyde.  Keep up.  ::drowning::

 

The retainer is paid to JAMS toward the cost of the arbitration. It is used to pay the cost of the arbitrator and other administrative cost. It has NOTHING to do with the cost of the attorneys representing the creditor or JDB, that is not even included.

 

Follow this link and download the JAMS consumer arbitration disclosures.  It list a lot more than consumer arbitrations, but if you search through it, you can find the consumers and many of them that go to hearing have a billing of at least $4,000. It also shows the non-consumer party paid the fee for most of them.

http://www.jamsadr.com/consumer-arbitration-disclosures/

 

The attorneys fees are on top of this and I have not speculated on what that could cost them.

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i realize that DB is much more pro-arbitration, in general. And, because of that, there are a lot more posters there who have personal experience with JAMS.

 

As Iheart stated, the $5K goes to the arbitrator before s/he speaks a word to either party. Depending on the arbitrator chosen by the two parties, the retainer can be higher.

 

There are other expenses, and JAMS rules state that the total expense, outside the $250, is borne by the creditor. MOST, but not all, arb clauses stipulate that the parties will bear their own expenses in arb. 

 

At this point, if I were the OP, I would just wait. It's possible, but unlikely, that the other party will choose the large expense to continue in JAMS arbitration. If they do NOT, at the end of the year after they first paid the initial fee, I would file a Motion to Dismiss with Prejudice with my original judge. 

 

I would argue that it was clear that the plaintiff had abandoned the suit. It would be likely that the judge would grant it, and at that point, they COULD NOT sue me again.

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Lawyer said they have no conflicts so no strike list at the moment.

 

Ok, I  am a little confused after reading Rule 7 - Notice of Claims ( I can't copy and paste, it drives me crazy!!!!)

By the time I submit the strike list I have to submit the COMPLAINT also? or I thought it has to be done in seven days after the arbitrator is chosen...

I read the streamlined rules as they are the ones that were attached to my case commencement letter,

 

 Now regarding the COMPLAINT ... I feel stupid but I can't start this

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I have a template that is extremely detailed( I wonder how am I going to remember all those calls and conversations...). I was advised on another forum to just write a civil complaint mentioning the type of violations and detail them later on.

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Take a breath.

 

Take another one. 

 

Write down (not on the form, just for yourself) all the things that have negatively impacted you because of this suit. That's part of your claim. In Arb, your claims are looser, just as the respondent's are. Keep in mind that they still need to prove standing if they're a JDB, and you can ask for an accounting from inception. But the cost to your relationships, your physical and mental health…they are not so easily quantified, and you can put a dollar amount on them, so long as you have some documentation. 

 

Missing work for a migraine that's related to the suit…that sort of thing.

 

Keep in mind that in your arb case, YOU are the one who initiated, you are the one who's claiming a loss, and they are the ones who have to demonstrate that a)they didn't harm you and b)you did harm them.

 

AND, if this is JAMS, they have to pay for the privilege of doing so, while your costs are limited to the $250.

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BTW: do you already have the list of potential arbitrators? If so, you want to look them up. Use google, but also use google scholar. Find out where they used to work. Have they published papers that seem creditor or debtor friendly? 

 

On the other board, there are several posters who've been as far as completing the strike list--I got as far as initiating, and the JDB folded. But you can ask over there if someone with the experience would be willing to look at your list, if you PM it to them.

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mY TIME LIMIT IS TOMORROW FOR THE STRIKE LIST AND COMPLAINT. I am desperate regarding the complaint, as I am getting good advices from everywhere but the format of it just kills me....Anybody has a short format I could use? Please , I am begging you.... I am trying to stay calm and just  learn my lesson from now on. I should've done it earlier....

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OK, I am back! I filled my amended complaint with a lot of help from everywhere :) .

The pre hearing call is next week and I am preparing myself for it.

 

Anybody have any tips for the pre hearing conference call? I have on my list of requests:

1.in-person hearing for 2 days with all witnesses in person,

2.discovery or exchange of info,

3.object if the attorney is asking for their fees to be paid;

4. hearing date not to be set until discovery is fully completed;

5. ask for a written statement of the award;

 

Any tips any body might have regarding this conference call would be very appreciated. Thank you.

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Note the items that you want in discovery.

 

Is this a JDB? If so, you want "all records of the original creditor, back to inception of the account, including all versions of the credit card agreement and any and all communication with the consumer."

 

"The entire sales contract for the alleged debt, including forward flow agreements." 

 

If they have supplied affidavits, you also want the contact information for subpoena purposes for any and all affiants.

 

Don't just object if they want fees paid, there is language in the JAMS consumer rules about that, find them and quote them.

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guys, I am going crazy.... :). Junk Debt Buyer, I know . No I did not mean that Amex is the JDB.....

I am taking notes left and right :)

Ok, so the main thing is also to quote as much as I can.  How will the call go, anybody have the experience of going through one and remember???....

Thank you in advance.

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Note the items that you want in discovery.

 

Is this a JDB? If so, you want "all records of the original creditor, back to inception of the account, including all versions of the credit card agreement and any and all communication with the consumer."

 

"The entire sales contract for the alleged debt, including forward flow agreements." 

 

If they have supplied affidavits, you also want the contact information for subpoena purposes for any and all affiants.

 

Don't just object if they want fees paid, there is language in the JAMS consumer rules about that, find them and quote them.

Where did u quote the above regarding records?

What are forward flow agreements?

 

"If they have supplied affidavits, you also want the contact information for subpoena purposes for any and all affiants." what do u mean by this one?

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