PAULA

ARBITRATION INITIATION GRANTED BY JUDGE

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After the attorney is allowed to speak for the first time ( in the beginning after introductions) What do I start with?

Make The Applicable laws clear, reserve rights to an appeal and reject JAMS Optional procedure,I agree w/ arb agreement appeal procedure ( all this mentioned already in amended complaint) OR

Straight with what I am requesting per quoted rules (in person hearing, discovery: for a subpoena to be issued by Mr. Arbitrator (is that correct- I thought I have to submit one-  for all the phone and cell phone calls w/ regards to the alleged account and in person depositions - is that correct wording and what wold be my possible explanation if the Arb would request one

When do I mention I will have a court reporter?

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When do I mention I will have a court reporter?

(k)(i)
Any Party may arrange for a stenographic or other
record to be made of the Hearing and shall inform the other
Parties in advance of the Hearing. The requesting Party
shall bear the cost of such stenographic record. If all other
Parties agree to share the cost of the stenographic record,
it shall be made available to the Arbitrator and may be used
in the proceeding.
 
I would want read and reread the applicable arbitration rules until I truly understood them.
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The quotes are for you to just copy the words, not from any particular spot, although many posters here recommend getting those in discovery.

 

IS this a JDB, or is it actually Amex who is suing?

 

Forward flow agreements are the contracts on which the sales of debts from OCs to JDBs are frequently based.  They usually contain things that they do NOT want you to know. Such as, (this is all paraphrased, of course) --we will sell you this debt at an average cost of $.012 per dollar, if you agree to, going forward (hence, forward flow) buy at least $2 million in debt from us each month for the next 6 months. Also, things like, because we are selling you this debt so cheaply, there will be a profit sharing of X% of every net dollar you collect on this block of debt. Also, things like, none of these debts carries any warranty at all. They may be inaccurate, they may be paid already, they may be from people who are dead and they may have been included in a bankruptcy.

 

Frequently the contracts themselves state that they will remain confidential. Obviously, because filing suit on any of these totally unwarranted debts is fraud on the court.

 

I know that you are freaking out. And that there is a lot to learn. But you really needed to have spent a lot of time, every day, working on this till some of it started to sink in. The best thing that you can do at this point is to spend every spare moment either reading, making notes, or going over your notes. 

 

And do everything in your power to make that "spare time" as big as you possibly can.

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Hi Paula,

 

 

I would like to know your status if possible. I am starting my glideslope to JAMS.

 

Thank you

If Linda is helping u, you are all set. :) she is the best.

Did you already look at her post Strategies for arbitration or something like that, it was extremely helpful and made everything so clear. just search in forum

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The quotes are for you to just copy the words, not from any particular spot, although many posters here recommend getting those in discovery.

 

IS this a JDB, or is it actually Amex who is suing?

 

Forward flow agreements are the contracts on which the sales of debts from OCs to JDBs are frequently based.  They usually contain things that they do NOT want you to know. Such as, (this is all paraphrased, of course) --we will sell you this debt at an average cost of $.012 per dollar, if you agree to, going forward (hence, forward flow) buy at least $2 million in debt from us each month for the next 6 months. Also, things like, because we are selling you this debt so cheaply, there will be a profit sharing of X% of every net dollar you collect on this block of debt. Also, things like, none of these debts carries any warranty at all. They may be inaccurate, they may be paid already, they may be from people who are dead and they may have been included in a bankruptcy.

 

Frequently the contracts themselves state that they will remain confidential. Obviously, because filing suit on any of these totally unwarranted debts is fraud on the court.

 

I know that you are freaking out. And that there is a lot to learn. But you really needed to have spent a lot of time, every day, working on this till some of it started to sink in. The best thing that you can do at this point is to spend every spare moment either reading, making notes, or going over your notes. 

 

And do everything in your power to make that "spare time" as big as you possibly can.

 

I am going through a weird situation like bonedaddy in the past (last year) I have the attorney representing Amex Centurion Bank but there was a JDB in the middle... I even have a letter from them. Like they usd the JDB for a while than they hired the attorney to file suit against me...

 

Anyway, I had my first pre hearing conference call and now the arb is expecting me to be more specific with the discovery ( to put together a brief or summary) as I was only able to state that I want full arbitration with all witness in person and provision of all phone records regarding the alleged acc of everybody involved or who has knowledge about my account.

I am working on that now....

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Frankly you should know that the strategy is based on it being so expensive they don't want to go and pay this. Consumer winning in arbitration is very unlikely,

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Ouch that is not very encouraging ... seems the push on most credit sites is to MTC A with issues like this.  hmmmm

A consumer winning a favorable arbitration award on a debt collection defense is highly unlikely. Arbitration is mainly a *potentially* cost prohibitive tool to cause the collector to abandon or favorably settle.

 

I am not sure why there would be a "push on most credit sites is to MTC A with issues like this". If I recall correctly the OP's alleged debt is around 10k. Not what most would call a small alleged debt (small debts in high cost arb forums can create significant leverage for the alleged debtor in a collection dispute).

 

JAMS arbitration consumer statistics: JAMS Disclosures for Consumer Arbitrations shows that the four AMEX arbitration cases that went to final hearing and award were all listed as NONCONSUMER under the Prevailing Party heading.

The JAMS data shows:

The consumer with the attorney representation lost an award for $23786.74

The consumer without attorney representation lost an award for $26933.36

The other two list award as NA

 

The majority (23 out of 39) listed settlement as the Disposition Type. If filing in JAMS with AMEX, from a quick review of the statistics, I would probably be looking for an opportunity to settle whenever the terms offered were acceptable to me for resolving the dispute. The data does not show whether the settlements occur early in the process, at the final hearing or at any time in the process.

 

Perhaps some would say I have a bias against arbitration ( I do not believe that is the case since I have received a check from a CA based on arbitration provided leverage). I think I have a realistic view of contractual binding arbitration's potential benefits in consumer cases and it's limitations. I also have collection defense "wins" in litigation and am much more confident that I can prevail in litigation

 

Still, from my experience: In Arbitration No One Can Hear You Scream TM

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I understand your point(s) ... a win isn't always a win and one mans win is anothers loss ...  Personally, a win for me would be to get my suit dismissed and get out of court, and have arb agree to accept payments I can afford.  Icing on the cake would be the big D decides to walk away - Im around $4500 - I imagine it will cost them a whole lot more than that to get the minimal payments I can afford. 

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