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Thanks for the great info.  All I know is that I would need a lot of help whether in court or arb.  Quite frankly court scares the crap out of me, and I don't know if I could endure the stress from it, which is why I keep wondering about arb.  So, now my question is, should I send them the DV letter, and then wait to see if I actually get served, or just file with JAMS after I send out the DV letter.  I'm just guessing that after they get my DV letter, they will then go on and file a suit, but that's only because the JDB has now hired the attorney.  I can't imagine they would hire an attorney to just send out DV letters every once in a while, when they are perfectly capable (and have done so already) of doing that themselves.  Is arb. done at the court house or another location?

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My husband doesn't recall signing anything for this account. Would that be something we could request to see? Also sorry for so many questions about arb., but I want to get this right the first time. I think we are going to send them a DV letter, and demand arb in it, and then go ahead and file a case with JAMS. Or should we just send the DV letter without mention of arb and file a case with JAMS once I send out the DV letter.

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It makes no difference.  Putting arb in a DV letter to me, is basically meaningless.  Sending a formal JAMS demand is the meat of it. 

 

Your husband does not remember signing anything, because credit card applications do not usually require a signature.  He went to the store and they said "do you want to finance this?"  He said yes, then gave them his SSN and some other information and had the credit account opened.  They do not have to produce a signature.

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Thanks for the info.  It wasn't a store credit card, it was just a citi card, and I can use the arb clause from 2011 right?  Last payment was early 2012.  I will send a DV letter along with starting a case with JAMS.  I'm sure I will need some help walking thru the JAMS app., as it looked like some of it I didn't understand.  

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I'm planning to reply to the letter from the lawyer requesting DV. I will send it CMRRR. Then I will file a claim with JAMS and send out all of the appropiate papers to the JDB and law office. In looking at the JAMS site, it states a $400.00 fee, not $250. Has this changed? I plan to send in $50.00 and then request the JDB advance the rest. I would like to have someone review my letters that I will be sending. I am mainly going with some of the samples I've been reading under the arbitration section. I guess I'm still confused whether to demand arb along with the DV or just send out the DV letter and then follow that up with JAMS application. If I demand arb in my DV letter, could they then just turn around and file a suit, disregarding the demand?

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Read the JAMS Consumer supplimental rules. They clarify a couple things that apply to consumer cases only such as a cap on consumer fees of $250.

The JAMS "application" as you call it IS the demand. The pdf form says right at the top "Demand for JAMS arbitration". This is the only important thing you need to send if you want to open a JAMS case.

The rules explain everything you must send them, and I believe it is also stated on the demand form as well.

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Thank you so much for the clarification. I have also been reading the posts on this site for arbitration, which has been very helpful. I'm sure I'll have more questions as I get into it.

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I've been researching cardmember agreements for citi, (not a retail one) and I keep coming up with this "who pays" clause.

"Who pays? Whoever files the arbitration pays the initial filing fee. If we file, we pay; if you file, you pay, unless you get a fee waiver under the applicable rules of the arbitration firm.
If you have paid the initial filing fee and you prevail, we will reimburse you for that fee. If there is a hearing, we will pay any fees of the arbitrator and arbitration firm for the first day of that hearing. All other fees will be allocated as provided by the rules of the arbitration firm and applicable law. However, we will advance or reimburse your fees if the arbitration firm or arbitrator determines there is good reason for requiring
us to do so, or if you ask us and we determine there is good reason for doing so. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines."

I'm not clear on this. Does it mean I may have to pay court fees, etc, or does the JDB/attorney?

Also for electing my hometown for the hearing, is this done in a court, or where generally? We live in a small town, and I'm not too crazy about going to the court house in this town, in that case would I elect the next town over?

Also, in reading through other posts about arb., I'm unsure about Claim and Relief sought . . . . . What would my claim be?

Thanks for helping, it's overwhelming, and very frightening.

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So from what I understand, it will have to go to a federal court to meet for abr.? Also, I'm reading that I should be selective about the JAMS location I pick to send in my claim.  Some say Las Vegas, or San Francisco, even tho I live in MI.  

 

As far as my claim & relief sought, I don't know that they have done anything illegal.  I did receive a DV letter back in March from the JDB, and sent in a reply, in which they sent me back 2 photocopied pages of the acct.  Now the letter I have to reply to is from an attorney the JDB hired.  So that's why I'm not sure about what to put in the section. 

 

And this is kind of a dumb question, but do I fill the JAMS claim out by hand?

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@fisthardcheese, I'm getting ready to send out my DV/demand letter, and some other posts say to send the letter (with JAMS) directly to the attorney that sent me my letter and then also to the JDB, so that they cannot dump this attorney and hire a new one, claiming "no knowledge of demand for arb.

Also, my card is a Citi Thank you card, and the only agreement I can find is from 2013. It does have the JAMS in it, but I looking for one between 2000 and 2011. Do you know where I can get a hold of one of those, preferably before 2010 from what I've read, or does anyone have one?

Still unsure of Claim & Relief sought. . . . . andy help with this?

Also, I just stated a very simple sentence from a post of your I found but did not say anything about verifying the debt, do I need to?

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@yamamama

 

Nature of Dispute: CONSUMER  ARBITRATION

    Claim and Relief Sought: Resolution of Contractual Dispute

    Location: LOCATION NEAREST MY HOME TOWN

    Election for Expedited Procedure:   NO.  DO NOT MARK THIS

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Thank you so much. I think I found an agreement from 2009, so I'll use that. As far as sending it out, just send it to the nearest JAMS location (which for me is Chicago)?

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Sorry, one more question. Under respondent, should I list the JBD and then further down it asks for representative/attorney if known. So, JDB as respondent or the actual attorney as the respondent? I got the letter from the attorney.

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I just want to make sure I am understanding this arbitration clause correctly.  It states:

 

If you have paid the initial filing fee and you prevail, we will reimburse you for that fee.  If there is a hearing, we will pay any fees of the arbitrator and arbitration firm for the first day of that hearing.  All other fees will be allocated as provided by the rules of the arbitration firm and applicable law.  However, we will advance or reimburse your fees if the arbitration firm or arbitrator determines there is good reason for requiring us to do so, or if you ask us and we determine there is good reason for doing so.  Each party will bear the expense of that party's attorneys, experts, and witnesses, and there expenses regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.

 

 

So, does this mean that they could recover their fees from me in the end?  And what would be a good cause for the arb. to require them to advance me the fees?

 

Do I need to look for an older cc agreement?  This is from 2010, and the card was opened around late 90's and defaulted in 2011.  It is a citi thank you card, not from a retail store.  

 

Thanks for the help.

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List the JDB as a respondent with the law firm who sent the letter as their representative.

 

Use the agreement you have.  The language about who pays for arb is standard.  Just as if you lose in court the judge can award the other side court costs, the arbitrator is also allowed to do so.  However, it is very rare. So rare that I have yet to see it happen to anyone I have talked to or seen post here or on other sites about using arb.  In fact, you are looking so far down a road that will likely end before you get to that point anyway.  This JDB will not want to pay the $5k just to get the arb started, let alone pay to travel to your town for a hearing.  And if they do and they win, they certianly would not want to pay ANOTHER $5-$15k for a second round of arbitraiton on an appeal that you will file, plus their travel expenses and other costs.

 

If I recall correctly, JAMS rules require that an in person hearing be located in the closest city to you that HAS a federal court, not IN the federal court.  The hearing may be conducted at any type of conference room.  Sometimes the court houses have those available, but it can also be in a library room or other building.

 

In reality, what will most likely happen, is you send in the JAMS paperwork and the $250 and you will likely not hear from the JDB again.

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Thank you so much for clearing up my questions.  You have actually put my mind at ease, and I know it is far down the road.  So what you are saying is that the JDB would also have to show up at the hearing, not just the lawyer?  And you think I should send in the 250 as opposed to asking for them to advance the $$, like some of the other posts have said.  Or send in 50 as a good faith, and wait for them to respond to the advance request?  I feel so much better about where it would take place as well, even tho that is way far into the future, for some reason courtrooms freak me out.

 

So for the lawyer, I send the DV/demand letter, copy of arb. application and copy of cc agreement?

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OK, so I sent it all out to the lawyers office, and the day I received the little green card back, with the signature, I also received an envelope from the law office.  They sent about 5 different statements for validation.  Then there is a paragraph that reads:

 

"In light of the documents attached hereto, I would request that you contact this office to resolve this matter on an amicable basis.  I thank you for your anticipated cooperation and look forward to hearing from you soon". 

 

I was waiting to file JAMS until I got the green card back, and I also requested they forward any contractual fees to JAMS.  So. . . . . . . now, do I go ahead and file JAMS, with a $50.00 check for good faith, sit and do nothing, or what do you all recommend?

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The answer is up to you. You can file JAMS now, you can contact them to settle like they asked or you can wait until they sue and file MTC with the court.

If this were me, I would file with JAMS, then send an email to the attorney telling him I recieved his letter and agree that an amicable agreement can be reached. I would offer that they pay me $1000, wipe out the alleged debt and remove from CRAs and in exchange I will withdraw my arbitration claim from JAMS.

Just know that an email like this will upset them. But thats the fun in it.

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@fisthardcheese

 

If this were me, I would file with JAMS, then send an email to the attorney telling him I recieved his letter and agree that an amicable agreement can be reached. I would offer that they pay me $1000, wipe out the alleged debt and remove from CRAs and in exchange I will withdraw my arbitration claim from JAMS.

 

 

 

What is the $1000 for?

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