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Tomorrow a Motion Hearing--Lots of questions


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Tomorrow morning I have a Motion hearing to compel private arbitration for a $20,000 credit card I stopped paying off in 2011 due to medical reasons.

It was for an AT&T Universal Card.  The JDB is PYOD, LLC.  This is in Florida.  I have not participated in discovery even though the attorney tried to trap me.

I have a few questions:

1. What are the chances he will drive 280 miles one way to attend the hearing? 

2. What are the possible ways he could try to trap me outside of the "sign this" before hearing begins (which I won't do).

3. Is there anything I should know in advance?  This is not in small claims.  

Thank folks.

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Thanks.  The JDB never sent any formal opposition to the MTC.   I can't find anywhere in the FL Rules whether attorney is required to respond to MTC formally (?) before the hearing.   The request for date of hearing was given by court back in December.  Since then, JDB attorney has done nothing officially. 

 

This is not small claims.

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Case will be called.

As movant you go first, so don't sit down.

Ask judge if he has had an opportunity to read your motion. If not, ask if he would like to read it before you begin.

Regardless, you present your motion.

Mention that you were never served plaintiff's memorandum in opposition - I think that prejudices you if at hearing plaintiff opposes your motion - perhaps a FL forum member can tell us how far you can go with that to silence plaintiff at hearing.

 

 

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@anebturia I didn't read your earlier thread but I'd say be prepared for them to try to trip you up with "not the correct agreement" or you "waived your right to arb". There's really not much else they can do with your MTC private arb under the agreement.

Oh, and Florida posters have a history (seems to vary from county to county) about going in for a hearing and finding some local rule wasn't followed so you basically end up going back later to actually have your Motion heard.

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Maybe a bit late, but for what it's worth, just be prepared to prove to the court why you're entitled to the relief you're requesting. If you think there's a valid agreement to arbitrate, make sure you have it with you and can tell the court why this is the actual agreement and not some other one that doesn't apply to you.

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I was granted initiation of JAMS.   Attorney communicated via telephonic hearing.  He told the judge that my fees to intiate would be $1050.  I told the judge I thought it would be $250 max for the consumer.  Then the judge..she got catty.   She told me that the attorney called JAMS and that he therefore knew the fee.  So, it was $1050 and that was gospel truth because he was an attorney.  I was confused.

Does anyone know if it is $1050 indeed?

 

 

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@anebturia  "She told me that attorney called JAMS and he knew the fee so it was $1050 so that the truth. "

When the actual answer is $250 does that attorney get sanctions or do they just hold you in contempt or something since you're a Pro Se? Now that we know it's $250 at the most, does your card agreement have any plaintiff pays provisions to make it less than $250 for you?

BTW, I wonder if the Judge thinking you were going to pay more was now more likely to approve your MTC to teach you a lesson?

 

http://www.jamsadr.com/rules-consumer-minimum-standards/

With respect to the cost of the arbitration, when a consumer initiates arbitration against the company, the only fee required to be paid by the consumer is $250, which is approximately equivalent to current Court filing fees. All other costs must be borne by the company including any remaining JAMS Case Management Fee and all professional fees for the arbitrator's services. When the company is the claiming party initiating an arbitration against the consumer, the company will be required to pay all costs associated with the arbitration.

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But . . . if the attorney lied, that is a FDCPA violation, so you can add the attorney and their lawfirm as respondents, in addition to the JDB,  in the JAMS arbitration.  

 

You are throwing an arb party, so invite all applicable players to the party.

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