Patz

How to Determine SOL for Arbitration (FDCPA)

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2 hours ago, BV80 said:

This is different.

The person who posed the question on Avvo filed a timely breach of contract lawsuit in court.   He was asking if his filing  of his lawsuit tolled his breach of contract claim.

You did not file a lawsuit.  

Didn't mean to imply it was tit for tat.  But there was discussion about the filing date of the complaint being a critical date.   That would be the case regardless which party filed suit.

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4 hours ago, Patz said:

As I mentioned above, "they ignored my request for arb BEFORE any fees were paid."  So of course arb was initiated. 

You're being evasive or deliberately obtuse. Maybe your trying to conceal your identity, but you never said at any prior time that you had initiated arbitration.  Perhaps them ignoring your request for arb before you paid fees means something in your mind but I don't see how this means to anyone else that "of course" arbitration was initiated. I asked you to clarify several times in several different ways whether or not you had initiated arbitration or asserted your claims before a court or arbitrator. I'm still not certain of the answer to this question. 

It's clear you came here looking for a specific answer and aren't at all interested in input that opposes what you want to hear so I'm not sure why you keep asking your question hoping for a different response. 

Simply put, if before the expiration of the FDCPA SOL, you asserted your claims in a court of law, or possibly an arbitrator (not merely sent a letter to the debt collector), your claims will survive the SOL. If you believe there is precedent for some other outcome, no one here knows what that might be so it looks like we can't give you the answer you want. 

Best of luck and maybe you'll be the one to set the precedent for those that come after you. 

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43 minutes ago, Patz said:

Didn't mean to imply it was tit for tat.  But there was discussion about the filing date of the complaint being a critical date.   That would be the case regardless which party filed suit.

The person clearly said they filed their lawsuit within the statute of limitations. Did you file a lawsuit or assert your claims within the SOL? The date the complaint was filed in that case is relevant because it was the same party that later elected arbitration. That is not the case for you. They filed a lawsuit. If you wanted to preserve your claims, you would have had to file your own lawsuit, counterclaims or an arbitration case BEFORE the FDCPA SOL expired.

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8 minutes ago, Harry Seaward said:

You're being evasive or deliberately obtuse. Maybe your trying to conceal your identity, but you never said at any prior time that you had initiated arbitration.  Perhaps them ignoring your request for arb before you paid fees means something in your mind but I don't see how this means to anyone else that "of course" arbitration was initiated. I asked you to clarify several times in several different ways whether or not you had initiated arbitration or asserted your claims before a court or arbitrator. I'm still not certain of the answer to this question. 

It's clear you came here looking for a specific answer and aren't at all interested in input that opposes what you want to hear so I'm not sure why you keep asking your question hoping for a different response. 

Simply put, if before the expiration of the FDCPA SOL, you asserted your claims in a court of law, or possibly an arbitrator (not merely sent a letter to the debt collector), your claims will survive the SOL. If you believe there is precedent for some other outcome, no one here knows what that might be so it looks like we can't give you the answer you want. 

Best of luck and maybe you'll be the one to set the precedent for those that come after you. 

Harry, I'll just end with this.  In my initial post, I said:  "Case originally filed in court in Nov 2013.  Arb filed in April 2014."  Don't know how you missed that.  And yes, when on forums like this, I am cautious about too much detail.  People have been affected my their forum posts.  Not at all foolishly interested only in opinions that agree with mine.  But forums like this are a place for lively debate.  At least that's how I perceive them.  Often, back & forth conversation can lead to helpful information.  I asked my question once.  The rest was discussion.

Won't debate your analysis of me.  Neither here nor there.

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7 minutes ago, Patz said:

Harry, I'll just end with this.  In my initial post, I said:  "Case originally filed in court in Nov 2013.  Arb filed in April 2014."

I asked half a dozen times if you did anything other than send a letter to preserve your claims before the FDCPA SOL expired and never received a negative or affirmative response. Even now you have not answered this question.

Edit : it's fine if you don't want to answer it for whatever reason. Just feel free to let us know there's gaps you can't fill in and we'll stop trying to go there. 

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47 minutes ago, Patz said:

Case originally filed in court in Nov 2013.  Arb filed in April 2014."

You also said:

22 hours ago, Patz said:

My question revolves around the fact that the SOL for my FDCPA claims would have expired in Dec 2013.


You need support (case law, court rules) that says that a lawsuit filed by one party tolls the SOL on any claims the other party may have and especially on claims that arose prior to the other party's filing.

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