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MTC for JAMS Arbitration in limbo please comment


Colonialman
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Good evening,
 
Linda7 has been offline for awhile so I am seeking comments. I filed a MTC JAMS May 2 per the alleged OC agreement
dated 2008, The County Court judge could not make a decision based on the Card Policy and my demand for JAMS and gave the
Plaintiff (Asset) JDB and their attorney M&J in the big D another 7 days from May 8 to reply (By May 15) or my order for JAMS is "so ordered."
 
Today County Ct Judge accepted the Plaintiff Motion for Extension (Electronically filed through County Court system a benefit I do not have) of time to respond another 14 days. This is so they can prepare a defense to my JAMS Demand.

Order re Plaintiff's Motion for Extension of Time to Respond
The motion/proposed order attached hereto: GRANTED.

ORDER FOR EXTENSION OF TIME TO RESPOND TO DEFENDANT’S MOTION
THIS MATTER having come before the Court, and the Court having reviewed MOTION FOR
EXTENSION OF TIME TO RESPOND and being further advised in the premises,
HEREBY ORDERS that the Plaintiff’s MOTION FOR EXTENSION OF TIME TO RESPOND
is hereby granted. Plaintiff will be allowed an additional fourteen (14) days to investigate Defendant’s
claims and to respond to Defendant’s Motion to Stay Litigation and Proceed to JAMS.

 

The judge has showed me he is Creditor friendly. According to the OC ARB POLICY the judge has no jurisdiction now that a DEMAND for JAMS is filed and fee paid.

 

Question: Should I object and on what grounds?

                 Should I wait and see what happens?

 

Has anyone else had this happen and what was outcome?

 

Thank you
 

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I have done 2 JAMS cases in CO. From what I've been told, CO is creditor friendly. However, with regard to your JAMS request, as long as you haven't done/requested Discovery, the court should approve arbitration.

 

In fact, in 1 case, the OC didn't have the contract so I used another one from the same OC but obviously was for a different card and used the arb clause on that. I just stated in the MTC that the OC refused to provide the contract and I have therefore found one with an arb clause.

The Judge approved. However, in my case, the opposing side, even though they objected, did not claim the clause did not apply.

The Judge noted this and ordered the arbitration.

 

The initial disclosures that's required by CO procedure doesn't count.

However, I'm afraid I'm not able to help with suggestions on whether to wait or if you can object.

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