Jump to content

New-Initiating Arb with JAMS


Newleaf
 Share

Recommended Posts

I am being sued for $1200 by Portfolio recovery services.  The OC is HHGregg.  I have been posting in another forum on what to do...I know the debt is mine.   However, it was filed in ohio, and while I now live in Kentucky and just officially changed my address, my bank, my work, hospital and doctor bills for the last 7 months have had me living in Kentucky.  Therefore, I am filing a motion to dismiss due to improper venue but was instructed since my HHgregg contract has a JAMS arbitration clause, that I should also include that if it is not dismissed that I then elect my right to arbitration through JAMS.  

 

I guess, what should i expect from this?  and do I need to start it with JAMS after I send the letter to the court and to the lawyer filing the suit.  What should I expect from arbitration if it gets to that?  My real debt is only like $600 or so, then a lot of interest and late fees tacked on...so i find it hard to believe with what i'm reading on here that they'd let it go to that.  Can the plaintiff dismiss the case if they don't want to go to arbitration?  

 

What do i need to do if they decide to not pursue it any further.  I read on a previous posters thread about getting out of the lawsuit and things he made sure the JDB did after the situation was dismissed.  What am I able to ask for or expect from the JDB?  

 

Thanks for any help!

Link to comment
Share on other sites

Arbitration is a good strategy with a JDB, as they hate arb because of the costs.

 

I would first focus on a motion to dismiss due to improper venue.

 

If they sue again, in KY, then respond with a MTC arbitration and an answer.

 

Most likely, PRA will never pay the fees to arbitrate.  So you will never get to an actual arbitration hearing.

Link to comment
Share on other sites

So I dont send the "request for arbitration if not dismissed" now? I just amswer what they said and then add on a mad in the notes?

Another question...when answering the points in the complaint...would answering them on that a certain way hurt my being granted arbitration by jams? I know the debt is mine...so dont want to lie...

Link to comment
Share on other sites

Answering the points honestly, or saying you do not have enough information to admit or deny, should not hurt you.  Be sure to include an affirmative defense that the court lacks jurisdiction since arbitration has been elected.

 

But, that's for the answer, if and when, you get sued in the proper venue.  Right now, focus on your MTD for wrong venue.

 

I think it is best to keep motions simple, and addressed to a single subject.  First, MTD- venue.  If that is denied, then MTC- arbitration.

 

Plus, if you keep hitting them with separate motions, the plaintiff needs to respond to each one, and lawyers don't work for free.  They might decide it's too expensive to deal with you, and dismiss the case.

Link to comment
Share on other sites

  • 3 weeks later...

 

But, that's for the answer, if and when, you get sued in the proper venue.  Right now, focus on your MTD for wrong venue.

 

I think it is best to keep motions simple, and addressed to a single subject.  First, MTD- venue.  If that is denied, then MTC- arbitration.

 

Plus, if you keep hitting them with separate motions, the plaintiff needs to respond to each one, and lawyers don't work for free.  They might decide it's too expensive to deal with you, and dismiss the case.

 

+1 Keep it simple. One motion at a time. MTD first all by itself, otherwise you are accepting the jurisdiction of the court by asking them to rule on the status or merits of the case.

 

Once it is dismissed, consider filing an FDCPA suit for suing you in the wrong jurisdiction, or hold on to it for a counterclaim if they sue in KY.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.