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Thank you @shellieh98.  And so the only way I would know if they refile, is if we would get letters again from local BK attorneys, unless they actually would serve, right?  I did not actually pay any JAMS fees, requesting they pay them per the contract.  Should I send in a check for $50.00?  But JAMS did initiate the arbitration once I filed.  This has been stressful, as everyone else says as well, so I'm sorry for the trivial questions, but my husband could lose his job over this.  

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Bro. If JAMS accepted, you don't need to pay them. Until the SOL passes, or they refile and you answer with a motion to dismiss and show you initiated JAMS that was part of your agreement, it's not over.  But I don't think you will have a problem if they refile.  They just need to write this one off.

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Agreement to Arbitrate: Either you or we may, without the other’s consent, elect mandatory, binding arbitration for any claim, dispute, or controversy between you and us (called “Claims”).

Claims Covered

What Claims are subject to arbitration? All Claims relating to your account, a prior related account, or our relationship are subject to arbitration, including Claims regarding the application, enforceability, or interpretation of this Agreement and this arbitration provision. All Claims are subject to arbi- tration, no matter what legal theory they are based on or what 

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remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. A party who initiates
a proceeding in court may elect arbitration with respect to any Claim advanced in that proceeding by any other party. Claims and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis, and the arbitrator may award relief only on an individ- ual (non-class, non-representative) basis.

Whose Claims are subject to arbitration? Not only ours and yours, but also Claims made by or against anyone connected with us or you or claiming through us or you, such as a co-applicant or authorized user of your account, an employee, agent, representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy.

What time frame applies to Claims subject to arbitration?

Claims arising in the past, present, or future, including Claims arising before the opening of your account, are subject to arbitration.

Broadest interpretation. Any questions about whether Claims are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced. This arbitration provision is governed by the Federal Arbitration Act (the “FAA”).

What about Claims filed in Small Claims Court? Claims filed in a small claims court are not subject to arbitration, so long as the matter remains in such court and advances only an individual (non-class, non-representative) Claim.

What about debt collections? We and anyone to whom we assign your debt will not initiate an arbitration proceeding to collect a debt from you unless you assert a Claim against us or our assignee. We and any assignee may seek arbitration on an individual basis of any Claim asserted by you, whether in arbitration or any proceeding, including in a proceeding to collect a debt. You may seek arbitration on an individual basis of any Claim asserted against you, including in a proceeding to collect a debt. 

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@yamamama

Thank you.  Check the agreement again.   Perhaps read the language right before "Agreement to arbitrate". 

Does it say anything like "arbitration replaces the right to go to court" or something that indicates that court would no longer be an option?

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PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBI- TRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCE- DURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES. 

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@yamamama

4 minutes ago, yamamama said:

PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBI- TRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCE- DURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES. 

There you go.   If they were to refile in court, based upon the statement that "Arbitration replaces the right to go to court" and the fact that you initiated arbitration, I would speak to an attorney about a possible FDCPA violation for taking an action they could not legally take.

The language in the agreement clearly states that either party can elect arbitration.  You not only elected, you initiated.   Since their agreement points out that "arbitration replaces the right to go to court", they should not refile in court.

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@yamamama

Unfortunately, yes. 

Now, a JDB would probably not be subject to your election of arbitration with this JDB.  

If you receive a collection letter from a new JDB, you can choose to send a timely DV request (within 30 days of the letter that contains the 30-day notice) or not. 

Hopefully, nothing else will happen and this will be over.  :-)

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That would be a wonderful wish come true.  But if I did get another DV request from a new JDB, I can just go thru the same process and elect JAMS in my DV letter.

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15 hours ago, BV80 said:

@yamamama

There you go.   If they were to refile in court, based upon the statement that "Arbitration replaces the right to go to court" and the fact that you initiated arbitration, I would speak to an attorney about a possible FDCPA violation for taking an action they could not legally take.

The language in the agreement clearly states that either party can elect arbitration.  You not only elected, you initiated.   Since their agreement points out that "arbitration replaces the right to go to court", they should not refile in court.

This is true, however, unfortunately it was also true very early on in this same thread when Op had filed in JAMS before being sued and they filed suit anyway.  No attorney the Op contacted wanted to take the case on that basis.  This is likely because almost all consumer attorneys these days only want to take the easy, slam dunk cases with well established case laws and this particular one would require some leg work that they were not willing to do for the $5k they would get out of this case.  Even though it is right there in the contract, black and white, this is one of those cases that the Op would have to file themselves in federal court, and that is a tough thing for most pro-se consumers.

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I have no interest in filing a suit against them for FDCPA violations, I only want it to go to arbitration if it gets pursued.  I DO NOT want it to get into civil court, and would have to file a MTC/dismiss if needed, but I'm hoping that they don't refile, and I won't hear from them again, until it gets sold to someone else.  If. . . . and that's a big if, I don't hear from them again, it is all thanks to all of you for your great insight on how to handle DV letters, and collections.  I truly appreciate everyone's help and thank you all for your knowledge and words of wisdom.  I just want others to know that they really need to listen to what you all say, because you all know exactly what you are talking about, and if you don't know, you say so.

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When a JDB buys a debt, they step into the OC's shoes.  The OC sold it.  the JDB sent you notices.  You filed in JAMS.  If they sell it again, I believe the motion to dismiss will hold up.  To bad for JDB #2 if they didn't know you already tried to settle this through arbitration.  Your arbitration, and JAMS sub-sequentially closing the case prior to the new owner should hold up for the new owner, as they step into the shoes of the 1st JDB. 

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I haven't actually had to file a MTC/dismiss, and so your feeling is that if it does get sold, ( and I would guess that it would), I would not have to file a new arb claim, and I could just present the info on the original claim to the new owner? 

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@shellieh98

4 hours ago, shellieh98 said:

When a JDB buys a debt, they step into the OC's shoes.  The OC sold it.  the JDB sent you notices.  You filed in JAMS.  If they sell it again, I believe the motion to dismiss will hold up.  To bad for JDB #2 if they didn't know you already tried to settle this through arbitration.  Your arbitration, and JAMS sub-sequentially closing the case prior to the new owner should hold up for the new owner, as they step into the shoes of the 1st JDB. 

I have to respectfully disagree.   A JDB steps into the shoes of the original creditor.   A JDB is not an OC, and the OP did not initiate arbitration with the OC. 

We might have to be careful in assuming a MTC or a court's granting of a MTC would carry over to a different party unless there's a rule or precedent that says so.   I'm just thinking it's better to be safe than sorry.

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