mama21

Stay at Home Mom Served Summons by Midland Funding in AZ - new and not sure what to do

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ELECT ARBITRATION THAT IS GOING TO BE SENT CMRR TO PLAINTIFF ATTORNEY WITH COPY OF CARD AGREEMENT.

 

Certified return receipt _________________________

 

 

NOTICE OF LITIGATION WAIVER



Pursuant to "Card Services," cardholder agreement, (see attached), I  ELECT arbitration via JAMS to resolve all of our disputes.

As per this agreement, " Any claim or dispute (“Claim”) by either you or us against the other, or against the employees, agents or assigns of the other, arising from or relating in any way to this Agreement or any prior Agreement or your account (whether under a statute, in contract, tort, or otherwise and whether for money damages, penalties or declaratory or equitable relief), shall, upon election by either you or us, be resolved by binding arbitration. " 

 

I expect dismissal of (case ############) no later than 10 days from the receipt of this notice.

 

 

 

 

 

 

­­­_________________________________________________

NAME                                               Date

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Filling out JAMS form now and would like some feedback on what answers should be.

 

Nature of Dispute: Claimant hereby demands that you submit the following dispute to final and binding arbitration (a more detailed statement of the claim(s) may be attached).

 

Dispute:  Fia Card Services agreement with the defendant states that all claims or disputes must be resolved through binding arbitration.

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Claim & Relief Sought By Claimant: Claimant asserts the following claim and seeks the following relief (including amount in controversy, if applicable)

 

Claim:     Should I put the same answer as dispute and as for relief state to dismiss?

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Filling out JAMS form now and would like some feedback on what answers should be.

 

Nature of Dispute: Claimant hereby demands that you submit the following dispute to final and binding arbitration (a more detailed statement of the claim(s) may be attached).

 

Dispute:  Fia Card Services agreement with the defendant states that all claims or disputes must be resolved through binding arbitration.

. I dispute this account in it's entirety.

Claim & Relief Sought By Claimant: Claimant asserts the following claim and seeks the following relief (including amount in controversy, if applicable)

 

Claim:     Should I put the same answer as dispute and as for relief state to dismiss?

Character, amount, and interest applied are disputed. Claimant asks for arbitration and relief deemed proper.

Election For Expedited Procedures (Comprehensive Rule 16.1)

 

Is this something I want to check and ask for?

No

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Thank you Harry. Although it may be long I will post each doc I am going to send out here and see if there is any correction needed.

Excellent idea!

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I believe you will need to list California's address. If I recall there is none in AZ, so you use the closest in your circuit.

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I believe you will need to list California's address. If I recall there is none in AZ, so you use the closest in your circuit.

But if they end up with actual arbitration, it would be in her home town right? 

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No, it's not done in person.

Or I should say all the pre hearing stuff is not in person. Lots to do before the actual hearing. They are supposed to agree on a place, that could be in the OP S HOME TOWN, OR AT THE Jams office in Cali. There will be 30 days notice at least, and everything has to be in arbitrators hands before that. Jdb's would need to bring their live witness with them.

Not to many cases get that far.

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So filing with JAMS it says to include - Proof of Service

 

Is this the election/demand letter that I am CMRR to plantiff attorney?

 

Thanks

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Yes, a copy of the letter, the square green certified mail receipt and the rectangle green card you get back when it's delivered.

 

Send only copies - keep your originals. 

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Yes, a copy of the letter, the square green certified mail receipt and the rectangle green card you get back when it's delivered.

 

Send only copies - keep your originals. 

 

I think she is asking about serving the Jams initiation and the arb election letter. I would do as Harry says says with both. 

Remember, "election" is just more of an announcement of intention per the agreement. Innitiation is actuall filing with Jams. 

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So, here is what happened today.

 

CMRR to Plantiff Attorney - Election/Demand for Arbitration with copy of Card Agreement

 

went to court to file - MTD/MTC - Answer which also included card agreement and copy of election/demand for arbitration that was sent to attorney with receipt of CMRR.

 

The clerk told me the fee and process of filing and answer, then I explained that I have the MTD/MTC in there as well.  She then went to the back and then came back saying "We are already setting you up for arbitration, are you still wanting to file your motion?"

 

I then asked her if it was with JAMS, and stated that our motion is, if arbitration is granted, that it be selected with JAMS.  At first she replied with who is that, then said oh yes they will be here.

 

I am in Arizona, does JAMS come to our local county court.  She is stating that the "mediation" will be held there at the county court????

 

I have filed my MTD/MTC, Answer, and card agreement with my election/demand that was sent to the attorney. What should I expect next.

 

Thanks 

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NO. she does not know anything, she is referring to the court mandated mediation....you do NOT want that.

You should expect they will try to fight it. They may file an opposition to it, and you come back at them. I'm glad you filed it anyway, the clerks take money, schedule hearings but not many of them have learned anything about the process.

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So, here is what happened today.

 

CMRR to Plantiff Attorney - Election/Demand for Arbitration with copy of Card Agreement

 

went to court to file - MTD/MTC - Answer which also included card agreement and copy of election/demand for arbitration that was sent to attorney with receipt of CMRR.

 

The clerk told me the fee and process of filing and answer, then I explained that I have the MTD/MTC in there as well.  She then went to the back and then came back saying "We are already setting you up for arbitration, are you still wanting to file your motion?"

 

I then asked her if it was with JAMS, and stated that our motion is, if arbitration is granted, that it be selected with JAMS.  At first she replied with who is that, then said oh yes they will be here.

 

I am in Arizona, does JAMS come to our local county court.  She is stating that the "mediation" will be held there at the county court????

 

I have filed my MTD/MTC, Answer, and card agreement with my election/demand that was sent to the attorney. What should I expect next.

 

Thanks 

Clerks are ....  never mind.

You're in justice court and there is no compulsory arbitration there, and even it there were, it would NOT be with JAMS..  I have no idea why she told you that, but just move ahead with your plan to compel PRIVATE CONTRACTUAL arbitration.  You're on track and if anyone starts talking about anything other than private contractual arbitration, politely tell them "no, thank you" and stick to your guns.  The court arbitration thing is free, so don't be surprised if Midland tries to steer you toward that like it's the 'same thing'.  It is not.

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Thank you for your replies,  so what should I expect to get from the court next.  I just want to make sure they don't just set up the court mediation and then I"m stuck with that.

 

Thanks

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The court would be dumb to order the court sponsored arbitration because the court (or state, county, whatever) picks up the tab on that one.  Private arbitration is paid for by the parties so the court should jump at the opportunity to grant your motion and make this case cost the court/gov't as little as possible.  in any event, your motion was specific to the arbitration discussed in the card agreement.  If the court does anything but order the parties into THAT arbitration, I would treat it as a denied motion which you can appeal as soon as the clerk enters the judgment into the record (couple days to a week after the ruling).

 

I don't know that there is a rule for how long the court has to rule on a motion (I've heard 60 days but anything I've read in the rules just says "timely"), but plan on it being a couple months from now.  Midland has 15 days to respond to your motion and then you have 5 days to reply after that; but if the court finds no merit in Midland's response it could grant the motion without waiting for your reply.  Someone here got a ruling in 2 or 3 weeks after filing, but I wouldn't count on that as the norm.  Times vary by court.

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.  The court arbitration thing is free, so don't be surprised if Midland tries to steer you toward that like it's the 'same thing'.  It is not.

 

@mama21

 

JDBs are deceitful enough to do just that if they think they can get away with it.  Be careful.

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For what it's worth, "some" justice courts in AZ DO require arbitration (they call it "mediation") as part of the process. My court requires it and I have been through a couple. It's basically a third year law student asking if both sides can come to an agreement. Complete waste of time.

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It's important to distinguish between mediation and arbitration in that mediation does not have a process or rules.  It's completely unofficial. 

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True, but I suspect the clerk heard "arbitration" and assumed it was JC "mediation." This seems to be a problem in every jurisdiction that offers any form of dialog outside of the court room. Defendants probably need to explicitly point out in their MTC's that they are NOT requesting any such court-offered mediation/arbitration.

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@Goody_Ouchless Agreed, there has been much confusion regarding the court sponsored arbitration and contractual arbitration.  

 

Contractual Arbitration removes the jurisdiction of the court (to a degree), so by agreeing to, or participating in the Court sponsored Arbitration, you are still agreeing to the jurisdiction of the courts, the opposite of what you want in contractual arb.

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