AZ - Letter from attorney (no suit yet)

[b7a4]

Received a letter from plaintiff's attorney. Says:

Quote

Creditor: P r a

Original Creditor: GE 

Amount: a bit over 500 (not verbatim, can you imagine? lol)

Debtor: Me

 

Please be advised that this firm represents the above need creditor. We have provided above the original creditor name if applicable. Your account has been referred to this office for collection, You woe the amount due shown above. For further information, write this office or call us at 866-------.

 

Demand is hereby made upon you for payment of the amount due. If you cannot make remittance of the total amount due, but wish to make partial payments and discuss payment terms, call this office with your proposal. You are hereby advised that this is an attempt to collect a debt, and that this firm is acting pursuant to the FDCPA, 15 USCA, Sec 1692 et seq.; any imformation obtained will be used for this purpose.

 

If you do not dispute the validity of this debt, or any portion thereof, within 30 days after recent of this letter, we will assume it is valid. If you dispute the validity of this debt, or any portion thereof, in writing, within 30 days after receipt of this letter we will mail verification of the debt, or a copy of a judgement, if applicable, to you. We will also provide you with the name and address of the original creditor, if different from the current creditor, if you request the same from us, in writing, within 30 days after receipt to this letter

 

 

So...since I'm not being caught off-guard this time, if/when I get sued, I'm definitely going the arbitration route immediately (2010 agreement i found online has JAMS).

 

A) So what should my first step be? Ignore this letter and wait for them to sue before doing anything?

 

Respond to their letter? If so, with what?

 

Thanks!

[1stStep]

Send a DV letter to preserve your rights under the FDCPA.

 

Send it certified - return receipt requested.

[Harry Seaward]

I would demand arbitration in the DV. Assuming the card agreement says something like "arbitration removes the parties rights to litigate in a court of law",  you can argue they committed another violation by filling a lawsuit when they were legally prohibited from doing so.

 

There is some debate about this but if you go ahead and initiate with JAMS now IMO, there is a good chance you can get their lawsuit dismissed because JAMS will already have jurisdiction before the lawsuit was filed. 

[shellieh98]

^^. Sound advice.

[Goody_Ouchless]

If "they" lurk, "they" post.

[b7a4]

^^ huh?

[shellieh98]

Do what Harry said. If they file suit against you, you have a counter suit in JAMS. You want to take away their right to the AZ court deciding this case. Send them a debt validation and include a demand for priviate contractual arbitration.

[BV80]

Do what Harry said. If they file suit against you, you have a counter suit in JAMS. You want to take away their right to the AZ court deciding this case. Send them a debt validation and include a demand for priviate contractual arbitration.

 

 

Theoretically, it's a violation if they file suit.  There's nothing to support the theory.   However, considering the amount of the debt, the threat of an FDCPA counterclaim may be enough to make the debt go away.

[b7a4]

Is there JAMs in Arizona? I clicked Locations on their website, but they don't have AZ listed.

 

Arbitration Provision: Location/Fees: The arbitration will take place in a location reasonably convenient to you. If you ask Us, We will pay all filing, administrative, hearing and/or other fees the administrator or arbitrator charges up to $2500. If the cost is higher, you can ask Us to pay more and We will consider your request in good faith. Under all circumstances We will pay all amounts We are required to pay under applicable law.

 

 

If I read this correctly, I don't have to pay the initiation fee?

 

Important Limitations are Restrictions: If a claim goes to arbitration, neither you nor we will have the right to: (1) have a court or a jury decide the claim (2) engage in discovery (IE the right to obtain information from the other party) to the same extent that you or we could in court...

 

 

 

Does sending a DV fall into discovery?

[shellieh98]

no a DV is not discovery.

You can ask JAMS to accept a 50.00 good faith fee, and the contract states all costs will be paid by the creditor.  They like some kind of payment to get the ball rolling.  Your fees would be capped at 250.00 if the creditor didn't pay any of your fees.

The nearest JAMS office to you is in California.  But when you file with JAMS you ask for any hearings in YOUR hometown. Most of the things will be done via email at first, but the hearings are in person.  The JDB would have to foot the bill for that person to come to you.

[b7a4]

I think their initial case management fee is now $400...Ouch...not being cheap, or stating that I'm clairvoyant, but isn't it possible that the JDB would settle for less than that...or just asking/stating that I want to go the Arb route enough to scare them? 

[Coffee_before_tea]

@b7a4

 

JAMS fees are capped for the consumer (you) at $250. 

 

Moreover, if the quote you posted above is correct, where "If you ask Us, We will pay all filing", then they are required to pay your $250 filing fee.

 

In your demand letter, you'd want to reference this, and request they pay for your portion of the filing fee.  The same can be communicated with JAMS, that the other party is required to pay your portion of the fee.  

[b7a4]

Is this the correct arbitration form to fill out?

http://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf

 

Also, in the requirement "C", I am to submit the entire contract containing the arbitration clause. Only thing I found online was a 2010 GE Money Bank (the OC was GE Capital Retail Bank...same company???) So can I submit this application/cc agreement? (http://www.cardmemberagreements.org/wp-content/uploads/2012/08/2010-GE-Money-Bank-Agreement-with-JAMS.pdf)

[Coffee_before_tea]

@b7a4

 

When was the card opened, and what was the date of the last payment?

[b7a4]

@Coffee_before_tea

 

Opened I think 2007...not 100% sure. Last payment would have been Dec 2010

[Coffee_before_tea]

@b7a4

 

A 2009 or 2010 should work fine then.  What kind of card was this?  Lowes?

[b7a4]

@Coffee_before_tea

 

American Canine Association (ACA) credit card

[b7a4]

Meh. Sued. I didn't do anything, no DV or initiating with jams. Death in the family around the same time, so a bit busy with other stuff and wasn't able to file within the 30 day timeframe.

After reading through here most of the day, here is what I have come up with for my plan of attack:

1) Fill out the arbitration application with JAMS.
2) Send letter to attorney stating that I'm electing arbitration, and include copy of agreement AND JAMS application.
3) Sent JAMs paperwork to JAMs (one of the requirements is that I send them proof of service certified mail reciept)
4) At the same time that I send off JAMs paperwork, Instead of filing an "Answer" with the court, file a "Motion to Dismiss for Lack of Jurisdiction" (does anyone have any samples?), and include a copy of the letter sent to the attorney/agreement/JAMs application. Do any of these need to be notarized?

Does this all sound correct? When would I file a Motion to Compel Arbitration and Dismiss or in the Alternative Stay Proceeding Pending Arbitration?

 

[b7a4]

So this is the JAMS form that I fill out? http://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf

Would this be considered "Demand for Arb Based on Pre-Dispute Provision"? or "Arb Based on Post-Dispute Full Executed Arb Agreement, Oral Stipulation, or court order compelling arb"

Reason I ask is since I've been sued, does it not fall under Pre-Dispute?

Then fill out the form...when I get to Arbitration Provision Location:, just copy+paste the arbitration clause from the contract?

"Claim & Relief Sought By Claimant: Claimant asserts the following claim and seeks the following relief" What do I put here?

"Amount in Controversy in US Dollars"...I put how much the debt is for?

"Request for Hearing".....Phoenix, AZ is sufficient?

And I do not want to select Expedited, correct? 

 

Also, do I just mail jams a $50 money order?

[b7a4]

Not sure which agreement to use...Original creditor was GE Capital Retail Bank/American Canine Association...default was 12/2010.

Should I use this agreement? 2013 GE Capital Retail Bank (http://www.sundevilauto.com/media/71307/cc1application.pdf) or 2012 GE Capital Retail Bank (https://www.onlinecreditcenter2.com/consumereApply/Internet/ana/en/pdf/TermsConditions.pdf)

or 2010 GE Money Bank (http://www.cardmemberagreements.org/wp-content/uploads/2012/08/2010-GE-Money-Bank-Agreement-with-JAMS.pdf)

I'm thinking the GE Capital Retail Bank one (even if its 2013)...GE Money Bank is technically not the correct entity?

[1stStep]

You will want one as close to the default date as possible.

[b7a4]

Does it matter if it says GE Money Bank or GE Capital Retail Bank?

[1stStep]

The entity that claims to be the assignor to Portfolio.

[b7a4]

Morning bump. Anyone know what I fill out here?

Relief Sought By Claimant: Claimant asserts the following claim and seeks the following relief" What do I put here?

[b7a4]

Jeez...no one? What about a sample of what to write in my Motion to Dismiss for Lack of Jurisdiction?