Wife being served by Portfolio in PA

[RelayerPA]

First, the formatted summary as requested by the forum:

1. Who is the named plaintiff in the suit?

My wife

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Polas, Brown, Babcock, Norfolk, VA (Portfolio)

3. How much are you being sued for?

$943.31

4. Who is the original creditor? (if not the Plaintiff)

Sterling Jewelers/Kay's Jewelers

5. How do you know you are being sued? (You were served, right?)

Served with papers which were picked up at the court after notice of attempted service.

6. How were you served? (Mail, In person, Notice on door)

Notice on door.

7. Was the service legal as required by your state?

Yes. It was picked up in person.

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

Unknown. Letters get lost. Perhaps phone calls, but unrecognized telephone numbers are sent to voicemail. No messages have been left.

9. What state and county do you live in?

York County, PA

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

According to the complaint, May 11, 2014

11. What is the SOL on the debt? To find out:

Six years on revolving accounts, I believe.

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

Suit served.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

No

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

Preparing answer right now. The summons was picked up on 13 June, but it is stamped by the courts as 6 June with a 20 day response time limit.

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

Little, actually...

• A verification statement signed by Je'Lisa Pass on April 28, 2016
• A bill of sale from Sterling dated April 23, 2015 with a chargeoff sale agreement date of February 18, 2015
• and only what appears to be the last page of an account statement. No name is on the statement. It says Page 2 of 2 with no presence of a Page 1, and shows a total owed of $761.10 + $15.84 interest.

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It looks like common fare of paperwork in this complaint that can be expected based on the information in the history of threads in this forum. But I can certainly see discrepancies. The "evidence", as received, is terrible. The account statement sent in the packet of papers is laughable and I cannot even begin to think it has any standing.

But...  there is more to this, and I am currently approaching this as a "least sophisticated consumer", unless advice to do otherwise seems sensible. I'll explain...

Our county has an online record of court filings. On the day my wife received the original serve notice, she called the court to ask about the notice and was told she can pick it up in person, which she opted to do. However, the next day, a scanned copy was filed in the case. The public has access to these records. We looked up her case and found a scanned packet of 10 pages.

• Cover notice for complaint
• Cover page for suit, in English
• Cover page for suit, in Spanish
• Actual enumerated complaint (two pages)
• Verification page attesting the debt has been verified
• A page with only "Exhibit A" printed on it
• A page marked "Exhibit B" showing Bill of Sale
• The first page of a Kay's account statement with my wife's name on it, showing an account balance of $943.31 (Page 1 of 2 of the account statement)
• Page 2 of 2 of the account statement matching the print copy of the packet received in the complaint.

The packet of papers that was picked up from the courthouse had been pre-stapled in their current order. The staple has not been removed or altered, so the papers are in the order and quantity as originally assembled. But it concerns me that this is the evidence delivered to her and it does not match the evidence that we believe to be the "official" court record electronically filed. Someone screwed up putting the paperwork of this case together and we're not sure about our options beyond answering the complaint using only the information handed in the packet (least sophisticated consumer).

What's more, the paper version has been hand stamped Jun 6, 10:54AM by the court. The electronically scanned version has been hand stamped Jun 6, 10:53AM. The electronic version is not the same copy we received.

We are certainly open to, and appreciate, input on our options in this case.

Thanks!

[Clydesmom]

1 hour ago, RelayerPA said:

But...  there is more to this, and I am currently approaching this as a "least sophisticated consumer", unless advice to do otherwise seems sensible.

Now that a lawsuit has been filed "least sophisticated consumer" does not apply.  You either hire an attorney who is educated in defending a suit or pour a ton of effort into educating yourself on how to defend it if you cannot afford a lawyer.  Actually your wife has to do it you cannot defend her in this suit if you are not an attorney it is practicing law without a license.

1 hour ago, RelayerPA said:

Someone screwed up putting the paperwork of this case together and we're not sure about our options beyond answering the complaint using only the information handed in the packet (least sophisticated consumer).

Again, LSC does not apply.  You answer the summons based on what you have and challenge their paperwork at trial.

She does want to review the settlement that PRA made with the CFPB regarding their shoddy paperwork and lawsuits.  If the paperwork does not meet the stipulated agreement with the Feds then she could have a basis for dismissal if not a good solid defense.  

[RelayerPA]

That's fine... LSC will be taken off the table. The insight on it is helpful. I can assume the court will use the electronic copy. Both versions (electronic and paper) both appear to be rather shoddy.

She will file "on her own" basically. I'm just doing the legwork to help her but she understands everything being done.  We can see the other cases in our county that have been filed my Portfolio and were closed (w/o prejudice). They have been suing in batches each week. We can use the responses those defendants filed as guidelines. Our goal is to make us less of an attractive target and worth forgetting about, especially since the CFPB Consent Order has Portfolio admitting that 90% of their income comes from default judgements.

My question is, do we reference elements of the CFPB Consent Order in her response as part of her affirmative defenses, or bring them up in court only if it doesn't get dismissed?

[Clydesmom]

1 hour ago, RelayerPA said:

Our goal is to make us less of an attractive target and worth forgetting about, especially since the CFPB Consent Order has Portfolio admitting that 90% of their income comes from default judgements.

PRA is definitely after the "low hanging fruit" of the default judgment.  The dismissals you see are likely due to Defendants who indeed did fight back.  PRA considers it a cost of business to let those few cases go to retain that 95% default judgment rate.

1 hour ago, RelayerPA said:

My question is, do we reference elements of the CFPB Consent Order in her response as part of her affirmative defenses, or bring them up in court only if it doesn't get dismissed?

I would not.  I would not want to show my planned defense too soon.  List any affirmative defenses that apply one of which I would use is "lack of standing" and reference that their evidence does not show they have legal standing that they purchased HER account.  The consent order specifically states they have to have proof they purchased an individuals account if suing.

[CCRP626]

@RelayerPA What is the difference in the court file and the one you got in the mail? Is there just more docs in what you received or do the same titled docs have content that doesn't match? Motion to Strike and Motion for More Definite Statement could be possibilities. What court is this in to help find the rules, magistrate, municipal, etc.?

[RelayerPA]

22 minutes ago, CCRP626 said:

@RelayerPA What is the difference in the court file and the one you got in the mail? Is there just more docs in what you received or do the same titled docs have content that doesn't match?

The court file has the first page of the Kay's credit card statement, with the name, account number, total due, etc.

The printed version that was handed to my wife by the court is missing that page. All of the copies are stapled together and it simply does not exist in the stapled batch.

Then again, there's that issue with the rubber stamped date being different between the court electronic version and the printed version.

[CCRP626]

You can always ask for everything during discovery including what is required in the CFPB order. You may have a pre-trial conference to point out issues as well. For the time stamp I think it's explainable- multiple copies getting stamped individually in the time clock. If the first is done at 10:53:59 it's going to read 10:53, the second done one second later at 10:54:00 would get marked 10:54. If one looks substantially different than the other, you could bring them both to the "Judge" to give you more time to answer pointing out Rule 316.

Rule 316. Amendment to Complaint.

 Amendments to the complaint may be made only at the hearing in the presence of the adverse party or his representative. Amendments other than those made as to form shall constitute grounds for continuance.

   Official Note

   It was felt that the usual notice requirements involved with respect to amendments made prior to the hearing are too difficult and burdensome to be made applicable to magisterial district court proceedings. Consequently, this rule forbids amendments other than those made at the hearing in the presence of the adverse party.

Look over your court rules if you need to ask leave of court for discovery or if you can just do it now along with motions.

Knowing which court they have you in will help. Such as Magistrate has this rule I'd be pulling the CFPB order out to contradict them-

http://www.pacode.com/secure/data/246/chapter300/s321.html

Rule 321. Hearings and Evidence.

 The magisterial district judge shall be bound by the rules of evidence, except that a bill, estimate, receipt or statement of account which appears to have been made in the regular course of business may be introduced in evidence by any party without affidavit or other evidence of its truth, accuracy or authenticity.

   Official Note

   The exception to the rules of evidence provided by this rule was inserted because the Pennsylvania statutes making certain business entries admissible in evidence (see the Judicial Code, §  6108, 42 Pa.C.S. §  6108) apparently do not apply to bills, receipts and the like which are made in the regular course of business but are not made as ‘‘records.’’ The fact that this exception permits the introduction of these items of evidence without affidavit or other evidence of their truth, accuracy or authenticity does not, of course, preclude the introduction of evidence contradicting them. The exception was deemed necessary because the items of evidence made admissible thereby are probably the proofs most commonly used in minor judiciary proceedings.

[RelayerPA]

Here are the COMPLAINTS set forth by Portfolio Recovery Associates (somewhat paraphrased):

1. (Plaintiff name and address)
2. (Defendant name and address)
3. It is averred that defendant was indebted to STERLING JEWELERS, INC./KAY JEWELERS on dd/mm/yyyy with account number *******
4. By using this account, Defendant agreed to repay all costs and is in default
5. At all relevant times, defendant used the account for products, goods, and/or services
6. Defendant was provided with copies of the Statements of Accounts. A copy is attached hereto
7. Defendant was in default. Last payment on *********
8. Plaintiff purchased this account in interest. Bill of Sale is attached
9. Remaining balance due in the sum of $****.**
10. Despite demands for payment, defendant refused to pay, all to the damage and detriment of the plaintiff
11. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration

Below is the rough draft of the response 

Defendant, **********, answers the Complaint filed in this action as follows:

1.                   I admit everything is true.

2.                   I admit everything is true.

3.                   I have no way to figure out if the information is true or false, in particular, the account number, and deny the information is true.

4.                   I do not know if this information is true or false. I have no way to figure out if the information is true or false.

5.                   I have no way to figure out if this information is true or false. Since I do not know if it is true or false, I deny that the information is true.

6.                   I specifically deny that I was provided with copies of the Statement of Account showing ALL debits and credits for transactions on the aforementioned account. I have no way to figure out if this information is true or false. Since I do not know if it is true or false, I deny that the information is true. I demand that Portfolio Recovery Associates should be required to prove this information is true.

7.                   I specifically deny that the aforementioned account is in default. I have no way to figure out if this information is true or false. Since I do not know if it is true or false, I deny that the information is true. I demand that Portfolio Recovery Associates should be required to prove this information is true.

8.                   I specifically deny that the Plaintiff is the purchaser, assignee, and/or successor in interest. I state that I have not seen this Bill of Sale previously. I have no way to figure out if this information is true or false. Since I do not know if it is true or false, I deny that the information is true. I demand that Portfolio Recovery Associates should be required to prove this information is true.

9.                   I specifically deny the stated balance of $****.**. I am requesting not to owe all the fees that were acquired when transferring said Bill from one party to another. I have no way to figure out if this information is true or false. Since I do not know if it is true or false, I deny that the information is true. I demand that Portfolio Recovery Associates should be required to prove this information is true.

10.               I specifically deny that: despite reasonable and repeated demands for payment, I had refused to pay all sums due. I have no way to figure out if this information is true or false. Since I do not know if it is true or false, I deny that the information is true. I demand that Portfolio Recovery Associates should be required to prove this information is true.

11.               I specifically deny that: amount in controversy is within the jurisdictional amount requiring compulsory arbitration.

WHEREFORE, Defendant, *********, requests this Court to enter a judgement in my favor and against Portfolio Recovery Associates.

 

 

New Matter

First Defense: Lack of Standing

12.               I repeat all statements in the previous paragraphs as if typed in full here.

13.               Portfolio Recovery Associates is not the original credit card company.

14.               I never signed any papers or contract with Portfolio Recovery Associates in which agreed or promised to pay Portfolio Recovery Associates for this debt.

15.               Unless Portfolio Recovery Associates can show how it became the owner of the aforementioned account, and show the legal paperwork to prove it, the Court must dismiss this case against the Defendant.
WHEREFORE, Defendant, ***********, asks the Court to:

a.                   Enter a judgement in my favor and against Portfolio Recovery Associates; and

b.                   Grant any other relief as the Court deems just and proper.

Second Defense: Disputed amount

16.               I repeat all statements in the previous paragraphs as if typed in full here.

17.               I dispute the amount that Portfolio Recovery Associates says I owe.

18.               I believe the amount is wrong because:

a.                   The amount of interest, or the rate of interest, is unusually high;

b.                   The calculations are not present to indicate the accuracy of the total requested by Portfolio Recovery Associates.

19.            Portfolio Recovery Associates must provide proof of the exact amount I owe by presenting evidence of what charges were made and how the amount was calculated.
WHEREFORE, Defendant, **********, asks the Court to:

a.                   Enter a judgement in my favor and against Portfolio Recovery Associates; and

b.                   Grant any other relief as the Court deems just and proper.

 

 

[CCRP626]

Maybe word them like: http://www.pacode.com/secure/data/231/chapter1000/chap1000toc.html#1029.

A statement by a party that after reasonable investigation the party is without knowledge or information sufficient to form a belief as the truth of an averment shall have the effect of a denial.

20 minutes ago, RelayerPA said:

I have no way to figure out if this information is true or false. Since I do not know if it is true or false...

 

[RelayerPA]

11 hours ago, CCRP626 said:

Maybe word them like: http://www.pacode.com/secure/data/231/chapter1000/chap1000toc.html#1029.

A statement by a party that after reasonable investigation the party is without knowledge or information sufficient to form a belief as the truth of an averment shall have the effect of a denial.

 

Good point. So, I should consider rewriting the denials using wording similar to this:

"I find the evidence submitted to me in the complaint by the Plaintiff insufficient to form a belief that the averment is true."

I believe I understand the gist of the rule in the PA Code. Any help with the wording would be greatly appreciated.

 

[CCRP626]

@RelayerPA

7 hours ago, RelayerPA said:

"I find the evidence submitted to me in the complaint by the Plaintiff insufficient to form a belief that the averment is true."

With some of these Judges, I think they could take that as you aren't denying the claim just saying the Plaintiff hasn't provided documents. Something like this would cover that IMO-

The defendant is without knowledge or information sufficient to form a belief as the truth of averment.

[debtzapper]

@RelayerPA

I've answered a number of PA posts over the years.  From what consumer lawyers have said, it is very difficult for a pro se defendant to win in Magistrate Court.  The judges there tend to be pro-creditor.  They will question you in court and if they can get you to admit to the debt, they will find for the plaintiff.   Nothing else matters to them.   These same lawyers say you will fare better in PA Court of Common Pleas, where you can file Preliminary Objections.  If you can find my posts, I go into more detail about that.

That said,  a store credit card suit, especially one as recent as yours, is going to be harder to defend.

[RelayerPA]

The question is, how to get it moved to a Common Pleas court.

I understand if the Plaintiff gets a (non-default) judgement, the Defendant can appeal and it will go to Common Pleas to do so. If there is a speedier way to move it to Common Pleas, that will be considered.

I modeled the response to those I see in the court's online records that have been dismissed (usually w/o prejudice). I'm hoping that any response would send a message bottom feeding CAs that a fight is intended and it's not worth their time to bother getting involved with one. Because at Common Pleas, the FDCRA can be unleashed, along with any rules the CA is bound to in a Consent Order.

[CCRP626]

@RelayerPA this thread might help where the defendant appears to just use Rule 318. No answer used at that point and it explains the magistrate to common pleas move if it comes to that. http://www.creditinfocenter.com/community/topic/326517-sued-by-cap-one-in-pa-in-a-month/

If the Plaintiff attorney shows up at Magistrate trial, here's how that goes for a winning Pro Se- http://www.creditinfocenter.com/community/topic/318807-my-win-against-midland/

The key appears that you need to let the court know so they give that notice to defend. It's basically like small claims in other states where you just need to make an appearance but no answer required, the Plaintiff's claim is considered denied. If the Plaintiff doesn't show, you get judgment in your favor. BUT, if you never gave notice, the case is just continued according to Rule 319. At Magistrate, everything should fall under Rules 300-325, so study those. http://www.pacode.com/secure/data/246/chapter300/chap300toc.html

If you have any counterclaims, there's a bit more to it to have those entered.

 

[debtzapper]

@CCRP626

Great research.

[debtzapper]

@RelayerPA

sued by midland funding in PA - Is There a Lawyer ... - Credit Info Center

www.creditinfocenter.com/.../325151-sued-by-midland-funding-in-pa/

1.  

Dec 16, 2014 - How do you know you are being sued? ... CIC Member; debtzapper .... Guide to defending debt collection suits in PA Magisterial Court.

Being sued by Midland Funding, just learned today ... - Credit Info Center

www.creditinfocenter.com/.../325767-being-sued-by-midland-funding-j...

1.  

Apr 4, 2015 - CIC Member; debtzapper; Members; 953; 2,867 ... Are you being sued inMagisterial District Court or the Court of Common Pleas? If in Magesterial: ... More about SOL defense from a PA Consumer lawyer. You may want

 

[RelayerPA]

On ‎6‎/‎21‎/‎2016 at 4:22 PM, CCRP626 said:

@RelayerPA

With some of these Judges, I think they could take that as you aren't denying the claim just saying the Plaintiff hasn't provided documents. Something like this would cover that IMO-

The defendant is without knowledge or information sufficient to form a belief as the truth of averment.

I'm just wondering if it would be better to just put "DENIED" on each of the response lines and let them take the next step? Don't give PRA any other words to twist around or work with. The goal here is to compel PRA to produce evidence of their complaint. The exhibits attached do not appear complete and are questionable at best. Especially the Bill of Sale.

On that note, with the following line in the complaint:

It is averred that Defendant was indebted to **(original creditor)** on MM/DD/YY with account number *****

would it be only prudent to admit to the original creditor if there had been an account open with them by the defendant, but then deny the account number, especially if there is no knowledge of that number?

 

[Clydesmom]

7 minutes ago, RelayerPA said:

I'm just wondering if it would be better to just put "DENIED" on each of the response lines and let them take the next step?

NO.  Whether it is a single word or an overly verbose statement that is repeated ad nauseum all you will do is piss off the court and they can compel you to answer again.  You are MUCH better off having a few repeating answers and the rest creatively and individually worded so that it appears much thought went into the answers and the court has not choice but to deny the Plaintiff's assertion you refused to answer.

9 minutes ago, RelayerPA said:

It is averred that Defendant was indebted to **(original creditor)** on MM/DD/YY with account number *****

would it be only prudent to admit to the original creditor if there had been an account open with them by the defendant, but then deny the account number, especially if there is no knowledge of that number?

NO.  If you admit to the OC then the Magistrate Court in PA will simply rubber stamp a verdict for the Plaintiff.  You need a creatively worded answer that casts doubt on PRA and their ability to prove anything.    If it were me I would go so far as to openly state that PRA has not complied with the rules of evidence for the court or their settlement with the CFPB regarding "evidence" they are required to provide in a lawsuit.

On 6/20/2016 at 5:56 PM, RelayerPA said:

11.               I specifically deny that: amount in controversy is within the jurisdictional amount requiring compulsory arbitration.

I would NOT state this.  If that card agreement has JAMS I would file for it because PRA's costs are about ten times what they are suing for and they will simply dismiss and walk away.

If JAMS is in the card agreement I would state:

Affirmed:  the card agreement presented by PRA as belonging to the account as alleged in the complaint states that all disputes will be settled in arbitration and Defendant has opened a case with JAMS regarding this complaint therefore the court does not have jurisdiction to hear this matter.

[RelayerPA]

7 minutes ago, Clydesmom said:

NO.  Whether it is a single word or an overly verbose statement that is repeated ad nauseum all you will do is piss off the court and they can compel you to answer again.  You are MUCH better off having a few repeating answers and the rest creatively and individually worded so that it appears much thought went into the answers and the court has not choice but to deny the Plaintiff's assertion you refused to answer.

NO.  If you admit to the OC then the Magistrate Court in PA will simply rubber stamp a verdict for the Plaintiff.  You need a creatively worded answer that casts doubt on PRA and their ability to prove anything.    If it were me I would go so far as to openly state that PRA has not complied with the rules of evidence for the court or their settlement with the CFPB regarding "evidence" they are required to provide in a lawsuit.

I would NOT state this.  If that card agreement has JAMS I would file for it because PRA's costs are about ten times what they are suing for and they will simply dismiss and walk away.

If JAMS is in the card agreement I would state:

Affirmed:  the card agreement presented by PRA as belonging to the account as alleged in the complaint states that all disputes will be settled in arbitration and Defendant has opened a case with JAMS regarding this complaint therefore the court does not have jurisdiction to hear this matter.

I don't know how to split the quoted text in this forum in a reply, so I'll try to address them appropriately.

I have no problem rewording answers to show thought. The thoughts have already been well considered. Just didn't know if the effort was worth spelling out as an answer or not.

I won't split the answer on the line indicating the original creditor. I may deny the alleged set of claims in that particular complaint, by denying knowledge of an "(original creditor) HAVING account number *******", not "(original creditor)" then the account number. I'll also read through the CFPB Consent Order and look for where they excluded required information. If I find such an exclusion, do I just mention so on the same line in my response, or does it become part of the affirmative defenses?

The problem with the card agreement is that one is not in possession here, nor did PRA provide a copy. The latter might be a great affirmative defense. On a side note, I thought that to initiate a JAMS case, "I" would have to put down a lot of money to do so, or would PRA be required to pay for it? Could I also just "Affirm" compulsory arbitration, THEN follow through with opening a case at a later date?

[fisthardcheese]

Just for information, the Kay Jeweler's card agreements have an arbitration clause with both AAA and JAMS in them.  When facing an unfriendly court, why not just get out of the court system completely and shift the burden on PRA to pay the $3400 in order to chase down their $900 claim against you?

http://www.kay.com/CreditTermsView?langId=-1&storeId=10101&catalogId=10001

[RelayerPA]

35 minutes ago, fisthardcheese said:

Just for information, the Kay Jeweler's card agreements have an arbitration clause with both AAA and JAMS in them.  When facing an unfriendly court, why not just get out of the court system completely and shift the burden on PRA to pay the $3400 in order to chase down their $900 claim against you?

http://www.kay.com/CreditTermsView?langId=-1&storeId=10101&catalogId=10001

So, what do I do to shift it to arbitration? Just make the appropriate request in the response to the complaint?

[CCRP626]

@RelayerPA I think we covered earlier you don't have to answer at this point, just do the notice of intent to defend (318) and show at the hearing. Bring your Kay agreement and let them know you'll be arbitrating per the agreement. If Judgment against you, you get a de novo appeal to Common Pleas.

If you haven't contacted the court clerk to let them know you intend to defend, do so now.

No mention of motion practice for magistrate so if you want to be formal and try a motion to compel private contractual arbitration, use rule 315.

For the CFPB order, there's nothing in that about them providing the cardmember agreement but they have to provide a lot of other documentation (page 34 of the order) within 30 days of your request. There's nothing about discovery in magistrate, so send a letter requesting the docs in paragraph 119 and they have to provide them within 30 days at no charge.

 

 

 

[RelayerPA]

On ‎6‎/‎26‎/‎2016 at 11:41 AM, Clydesmom said:

If JAMS is in the card agreement I would state:

Affirmed:  the card agreement presented by PRA as belonging to the account as alleged in the complaint states that all disputes will be settled in arbitration and Defendant has opened a case with JAMS regarding this complaint therefore the court does not have jurisdiction to hear this matter.

I may use the above response in the Answer being filed. I'm just curious, Is it OK to state it that a JAMS case has been opened, even if one has not been opened? I also thought that to open a JAMS case requires a large deposit of money. I don't want to spend more than what is being sued for to make a point with the Plaintiff. Or do I just initiate the JAMS paperwork and wait to see what the Plaintiff and/or court does?

[CCRP626]

JAMS is limited to $250 for you (a lot more for them). Check your agreement, the Plaintiff may even be stuck paying your fees. Just get a MTC Arb rolling or at least a nod (court order) from the Judge when you show at the hearing that this is okayed for arb. When approved, initiate with JAMS. Don't say you opened a case with JAMS when you haven't.

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.

These standards are applicable where a company systematically places an arbitration clause in its agreements with individual consumers and there is minimal, if any, negotiation between the parties as to the procedures or other terms of the arbitration clause. A consumer is defined as an individual who seeks or acquires any goods or services, primarily for personal family or household purposes, including the credit transactions associated with such purchases, or personal banking transactions. These standards do not apply to the use of arbitration in resolving disputes arising from commercial transactions between a lender and commercial borrowers or a company and commercial customers, other financial services such as investment transactions, real estate transactions, or to matters involving underinsured motorists. Nor do they apply if the agreement to arbitrate was negotiated by the individual consumer and the company.

[fisthardcheese]

13 hours ago, RelayerPA said:

I may use the above response in the Answer being filed. I'm just curious, Is it OK to state it that a JAMS case has been opened, even if one has not been opened? I also thought that to open a JAMS case requires a large deposit of money. I don't want to spend more than what is being sued for to make a point with the Plaintiff. Or do I just initiate the JAMS paperwork and wait to see what the Plaintiff and/or court does?

Rather than relying on what you may have heard from other who also never have read the consumer rules for JAMS arbitration, I find that just reading the rules myself will answer all of my questions and give me the understanding I need to proceed.  Those rules are listed right on the JAMS website.

I would not worry at all about filing for arb yet.  The only thing that matters is the court case.  I need the judge to order arbitration before arb matters. I would put most of my focus on a Motion to Compel Arbitration and knowing what the card agreement says about arbitration so that I can effectively argue my right to arbitration to the court.