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Confused, and possibly in trouble Asset Acceptance AZ Pre Trial MTC Arbitration denied


janedoenotme
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Hi, I had filled my answer to the court and also filed a MTC and dismiss private/contratual Arbitration.  A little history. This is with Asset Acceptance for an old Dell/Cit Online Bank agreement. I filled my answer and with it the Motion. I denied most all of the Plantiff's Complaints. Then I also filed and sent Certified Registered mail a separate letter to Asset and the Law firm Fulton a Notice of Arbitration Election. The contract that I included  "If you initiate arbitration, you must pay the lessorof one-half of any required arbitration fees or $125, unless the applicable rules and procedur of the arbitration applicable rules and procedures of the arbitration administrator or this arbitration provision provides for a lesser amount, and we will pay the remaining amount of any fees, including any required deposit. You may seek a waiver of any required arbitration fees under the applicable rules of the arbitration administrator. If you seek, but do not qualify for such a waiver, upon written request we will advance 50% of any arbitration fees required to be paid by you and will consider an advance of the full amount of such fees."

 

I then stated, "This notice is my formal written request for you to advance 50% of the arbitration fees required to be paid by me, with a request that you consider an advance of the full amount of such fees.

 

As of this notice you must dismiss or stay any and all actions in regards to the alleged debt pending the srsult of the Arbitration."

 

I have a proof that they received the documents on the 28th of October. Now, here are my concerns/problems etc... I have a Pre trial hearing on Monday. The document I received from the court was folded together and I did not know until just now that they denied my motion to compel and dismiss. I don't necessarily think that the court is being "negative" about it because I filed an order granting continuance of the Pre-trial and I was granted that, however, I now see that this is what they responded on the denial..."Defendant has filed two document containing request for the following: to continue the pre-trial conference, to compel arbitration, and to dismiss. No responsive pleadings have been received. The Court finds sufficient cause to continue the pre-trial conference and does so. The Court does not find sufficient cause to compel arbitration or dismiss the case. parties may elect to pusue arbitration if they believe they are entitle to do so. Upon receiving notice that the matter is in arbitration the Court will defer proceedings pending the outcome of such....

 

I called the JAMS office and they told me to file the Demand for Arbitration but that basically until receiving it they couldn't tell me anything. I was going to go out and mail that paperwork today and copy to Asset... I am concerned that JAMS won't take it. Anything I can do to help on this??? And what to do in court???

 

Now, the other problem. I am pretty sure that I received an "affidavit from Asset that just gave the regular song and dance about the account having been purchased by them, with a copy of it along with a whole bunch of others. No statements, agreement signed, accounting of all charges etc. like I requested. I can't find that document now. Not to give excuses but I have been training for a new job and spending about 16 hours a day doing that. All for nothing now as I had to go to court for my Home Invasion and so I lost that job... Can't seem to catch a break!

 

Can anyone, everyone please offer me some help on where and what to do now to help my cause??? Thanks in advance. I will be glued to any responses...

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I don't think the situation seems that bleak.  The court said,  "Upon receiving notice that the matter is in arbitration the Court will defer proceedings pending the outcome of such...."

 

So, it seems to me the thing to do now is to initiate with JAMS.   Pay the $250 fee yourself to get it accepted.  I see no reason why JAMS would not accept this case, as long as you have a cardmember agreement for the OC that includes JAMS and includes assignees.  You can use the affidavit from Asset as proof that they are the OC's assignee and thus the arb agreement applies to them.

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Problem is I don't have the Affidavit... I can't find it. The other problem is I don't have $250 to send. I am not working. I spoke with the JAMS representative and I told him that I didn't have the $250, he said that nothing would need to be collected immediately, but I am still worried. Can I file paperwork requesting the proof of debt again. I had asked them, more then once to submit full validation of the debt... Can I or should I break that down and file that via certified mail again to them and copy the court??? They have not provided me with anything other then that Affidavit.. which, according to the law, doesn't really cut it...

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Problem is I don't have the Affidavit... I can't find it. The other problem is I don't have $250 to send. I am not working. I spoke with the JAMS representative and I told him that I didn't have the $250, he said that nothing would need to be collected immediately, but I am still worried. Can I file paperwork requesting the proof of debt again. I had asked them, more then once to submit full validation of the debt... Can I or should I break that down and file that via certified mail again to them and copy the court??? They have not provided me with anything other then that Affidavit.. which, according to the law, doesn't really cut it...

 

You can ask but the problem you have is they already filed suit.  They no longer have to validate with you they only have to prove it to the court.

 

I think where you erred was filing too many motions at once.  Filing the MTD with the MTC ARB caused the court to simply state they were not ruling on anything until you both got into court.  I think had you simply MTC ARB the court would have granted it thus forcing the plaintiff into JAMS or to dismiss.  The plaintiff would be foolish to dismiss without ARB compelled and started.

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If it were me, I would file the paperwork with JAMS, and when the time came to pay the fees, suck it up, beg borrow or steal for them.  What is the amount they are suing you for?  If it is a low amount, I would be surprised if they will file for jams.  You want to have it filied before you go to your pre trial and then you can tell the court you filied, and they are awaiting on the plaintiff.  Be sure and bring the contract that states JAMS to court with you.

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I think where you erred was filing too many motions at once.  Filing the MTD with the MTC ARB caused the court to simply state they were not ruling on anything until you both got into court.  I think had you simply MTC ARB the court would have granted it thus forcing the plaintiff into JAMS or to dismiss.  The plaintiff would be foolish to dismiss without ARB compelled and started.

 

I actually did not file a Motion to Dismiss. I filed only the MTC Private Contractual Arbitration. And I plan to file it today, the Demand. I also have a copy of the letter, twice that was sent to Asset Acceptance "Notice of Arbitration Election" and the Certified Return Receipt with me requesting they submit the fee's....

 

Okay, how about this.... I just found a more current contract with Dell Preferred Cit that states that , " In any arbitration, we will pay the entire amount of the arbitration fees, including any required deposit. It also states that the original agreement can be changed at any time with basically it states that a newer agreement is in place at the time of the action. This agreement was in place at that time... Does this work and if so how to amend, and or file with the court as well???DPA_Terms_2013_wPrivacy.pdf

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