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Am new to this site,  apology in advance if I am not initially following the "norm", am a quick learner.

Have reviewed many threads for dealing with Portfolio Recovery with Forster garbus and garbus, regarding JDB tactics.

Received complaint from Portfolio last month. Following many on this site, I responded to the complaint with denials as PRA has provided nothing to substantiate debt nor agreement with debtor. Court date is schedule in October 2016. This week received request for admissions as well as First Set of Interroggatories. Not surprisingly, many of the lines used are repeated in other states threads on this site which implies this is still in semi automated phase.

Little background:

Amount JDB looking to collect 750.00

State filed NJ Special Civil Part

Complaint filed/ Response filed in time at courthouse with copies certified to PRA 

Initial assessment of both requests is leading and trick questions I should be VERY cautious to respond.

Looked into Jams as option based on threads by Bruno the JDB Killer but it appears the credit card agmt with US Bank allows for arbitration but only if the amount exceeds the limits of small claims courts. In this case, it does not, so am I correct in assuming I will have to continue with this current charade until our October court date? Am I understanding the arbitration agreement correctly? See link below: https://applications.usbank.com/oad/teamsite/usbank/docs/FR006213482_05_USBHEALTHCARE.pdf?locatio

Assuming I cannot elect JAMS at cost of $250 verified in JAMS consult today, can someone offer example responses to these BS interrogatories and admissions after the complaint response I sent clearly stated there is nothing to substantiate any claims (PRA provided nothing in original complaint)

 

Here are some of the questions that seem perplexing to me:

State the address (es) at which the defendant resided in the last 10 years? (what's with this? address is the same for last 20, but why are they asking and am I ok to state same as addressed on complaint?!)

Does the defendant acknowledge that defendant entered into an agreement with Portfolio recovery Assoc, LLC assignee of US bank National ASssoc? (NO!! I will not acknowledge as burden if proof is on them! So is there a basic denial or objection I can use?

Did defendant at anytime receive any written communications from Portfolio Recovery Assoc LLC assignee for US Bank National Assoc? (yes, they have sent recurring notices that I owe this debt but I ignored as I did not recognize. Note: I did not ask for validation in time. So do I say yes I got your robo form notice with little data? the only other written communication was the initial complaint with the courts!

If the response to Rog 5 is yes, identify the written communication recieved and produce true copies. (the true copy of the initial complaint is all I have outside of this latest bs)

Did defendant ever receive monthly payments from portfolio recovery ..... (Outside of a the vague robo produced debt collection notice I got nothing)

if answer is yes>>>>>>

Did the defendant ever make any payment to portfolio recovery....? (no none ever made because I didn't know wth this debt was for)

ADMISSIONS ARE AS FOLLOWS:

You applied for credit privileges or took money advances under a credit card or line of credit or promissory note loan with portfolio recovery a$$ llc assignee of US Bank National Assoc.   (Why would I answer this when my complaint clearly stated they provided nothing to substantiate this debt? Its like they are just trying to infuriate me with bs questions they know THEY have to answer!)

You were extended monies under portfolio recovery.,.... (no I was not ever)

You are person authorized by made purchases and or received cash advances or took money advances under a credit card or line of credit or promissory note with portfolio recovery.... (where is the proof assholes?)

You received monthly statements concerning portfolio recovery assoc......specifying previous balance new purchases payments finance charges minimum payments new balance or line of credit promissory note. (NEVER)

You promised to repay for the monies extended by portfolio recovery assoc.....(I never met, spoke, signed, called, paid portfolio anything!!)

You did not contest the amounts reflected on the monthly statements within 60 days as provided by law. (Am lost on this one. WHo are they referring to?)

This sum alleged to be due and owing on portfolio recpvery....in this complaint is accurate. (I have NO idea of accuracy)

This balance due as set forth in the last monthly statement sent by portfolio recovery a$$...before referral to collection in the amount of 750 is in fact due and owing. (are you kidding me?)

 

Last, because the amount is so small, I understand interrogs in special civil are limited to only 5 questions....this I assume is once we get to court proceedings?

I did not file a motion to dismiss for lack of standing, any recommendations at this stage?

Do I file for interrogatories and use exactly what they sent me?

Do I send admissions same time as they did me and what might I want them to admit outside of being aggressive AHs.

Do I send a request for documents?

and are any of the above to be filed with the courts prior to the court date? as I see it they do not, and exchanges will go back and forth for the next 2 months until the court date or one does not respond in timely fashion.

trying to stay cool, but after taking days to get the response to the original complaint together and then getting over the anger of knowing how much time I have to spend with this when they bear the weight of proof, well, its a headache for sure.

Bruno if you're out there, I'd love to hear from you. anyone else with similar experience, I look to your advice. I have to respond to these in less than 14 days, all responses will be appreciated! 

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If they use the small claims reason mention your counterclaim filed in arb will be over the small claims amount and ask them to pay your JAMS fees. You'll not want to participate in discovery to avoid waiving your right to arbitrate. Arb steps thread here-

You have to go to debtorboards to find Bruno, I think.

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What counterclaim?  

In NJ Special Civil,  the limit is $15,000.

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The small claims limit is $3,000 in NJ Special Civil. I don't know what the OPs counterclaims are or if the JDB Atty would even bring up small claims.

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12 hours ago, CCRP626 said:

If they use the small claims reason mention your counterclaim filed in arb will be over the small claims amount and ask them to pay your JAMS fees. You'll not want to participate in discovery to avoid waiving your right to arbitrate. Arb steps thread here-

You have to go to debtorboards to find Bruno, I think.

Maybe I am being thick headed, my apology in advance....if counterclaim is filed it would include only the $250 JAMS fee I am required plus the 7XX.00 they are trying to collect, I am still well under the $3000 cap in NJ Special Civil Part Small Claims, no? What am I not understanding? Also, below is the arbitration clause I found in the US bank credit card agreement on line...am I interpreting this correctly?   

  

34. Arbitration Provision:

(a) You agree that either you or we can choose to have binding arbitration resolve any claim, dispute or controversy between you and us that arises from or relates to this Agreement or the Account and credit issued thereunder (individually and collectively, a "Claim"). This does not apply to any Claim in which the relief sought is within the jurisdictional limits of, and is filed in, a small claims court. If arbitration is chosen by any party, the following will apply:

(1) NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE A CLAIM IN COURT OR TO HAVE A JURY TRIAL ON A CLAIM, OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY, EXCEPT AS PROVIDED FOR IN THE APPLICABLE ARBITRATION RULES.

(2) Arbitration will only decide our or your Claim, and you may not consolidate or join the claims of other persons who may have similar claims. YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS, OR AS A PRIVATE ATTORNEY GENERAL, PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.

(3) The arbitration will be performed in accordance with this Arbitration Provision and the rules of the chosen arbitrator in effect when the Claim is filed.

(4) The arbitrator’s decision will generally be final and binding, except for the limited right of appeal provided by the Federal Arbitration Act.

(5) Other rights that you would have if you went to court might also not be available in arbitration.

(b) The party commencing the arbitration may select to use either JAMS or the American Arbitration Association ("AAA") (or, if neither of these arbitration organizations will serve, then a comparable substitute arbitration organization agreed upon by the parties or, if the parties cannot agree, chosen by a court of competent jurisdiction). If JAMS is selected, the arbitration will be handled according to its Streamlined Arbitration Rules unless the Claim is for $250,000 or more, in which case its Comprehensive Arbitration Rules shall apply. If the AAA is selected, the arbitration will be handled according to its Commercial Arbitration Rules. You may obtain rules and forms for JAMS by contacting JAMS at 1-800-352-5267 or www.jamsadr.com and for the AAA by contacting the AAA at 1-800-778-7879 or www.adr.org. Any arbitration hearing that you attend will take place in the federal judicial district where you reside. At your request, we will advance your filing and hearing fees for any Claim you may file against us. If you prevail on your Claim, we will pay your arbitration costs and fees, other than attorney, expert and witness fees and expenses. We will also pay any fees or expenses that applicable law requires us to pay. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. §§ 1 through 16, including but not limited to applicable statutes of limitation, and shall honor claims of privilege recognized at law. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

(c) This Arbitration Provision shall survive repayment of your extension of credit and termination of your Account. This Arbitration Provision shall be governed by federal law, including the Federal Arbitration Act, and by Ohio law, without regard to its internal conflict of law principles, to the extent such state law does not conflict with federal law or this Arbitration Provision. Notwithstanding any language of this Agreement to the contrary, should any portion of this Arbitration Provision be held invalid or unenforceable by a court or other body of competent jurisdiction, this entire Arbitration Provision shall be automatically terminated and all other provisions of this Agreement shall remain in full force and effect.

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I just read it again....its the term Small Claims that is throwing my understanding off....any clarity? Also, as states by electing arbitration I do not have to participate in pre-discovery which is what i am dealing with now as they requested interroggatories and admissions. Am I understanding right?

Because PRA filed a complaint in court already and because I responded,  even though all allegations were denied, do I still have the right to arbitration under this contract?

Last, in reading so many threads on how to manage Portfolio....and seeing that these interrogs and admissions are text book from others in same space, what would happen if I were to simply deny all admissions again, and object to interrogs? Should I post my response for you to better assess where I am and risks?

If the debt amount was over 1k, I would not hesitate to go for JAMS but with potential to have to put out 250 and then risk more games from them before filing a motion to dismiss at additional 30, am just wondering if I am better to answer these rogs and admissions and keep it going until Oct when they approach me in court for a settlement as a last ditch effort before going to trial? In my assessment, seeing they clearly bought this debt and have provided no documents to prove standing, I have a damn good chance of winning, don't I?

And like other threads, I have contacted NJ debt lawyers but have found likewise at this low a debt amount, they feel I have more in my favor to fight pro-se. Ugh. I guess I will pull on my newbie paralegal **** kickers if I want to win this thing.

 

 

 

 

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At your request, we will advance your filing and hearing fees for any Claim you may file against us.

^^^ That would take care of the $250 to JAMS and the agreement also takes care of discovery. Even if that wasn't in the agreement, you'd not want to participate in it since it can waive your right to arbitration.

1 hour ago, Paralyzed said:

Maybe I am being thick headed, my apology in advance....if counterclaim is filed it would include only the $250 JAMS fee I am required plus the 7XX.00 they are trying to collect, I am still well under the $3000 cap in NJ Special Civil Part Small Claims, no? What am I not understanding?

You would need to review the case for any FDCPA, TCPA, FCRA and state consumer law violations. That arb thread gives some examples and you can do a search of the board. @fisthardcheese arbitration posts are excellent resources such as this one or this one. Pull all three credit reports to review for inconsistencies with their other paperwork. After they have paid all their fees and arb is commenced as shown by a letter from JAMS, you can provide detail on your claims. You'd want to get familiar with JAMS Consumer and Streamlined Rules. If they fish for more detail, that's to be provided when arbitration commences, there will not be pre-arbitration discovery, refer them to the cardmember agreement and the JAMS rules.

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Appreciate all the advice. Was reading arb thread when you posted. Spoke to Jams. When I submit the form for arbitration the 250 is required to be paid in full via check. They will in turn notify the plaintiff and we'll take it from there.  because I have a request for admissions and interroggatories dated 7/29, I suspect I should respond to each with objection and that I have elected arbitration. Since the letters seems to fit so many others posted in site, i do not want to risk them assuming I did not respond in time. Would that be smart?

  

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In your election letter to the Plaintiff's Atty you can mention a stay on court proceedings including discovery and also put in your fees request, include that in your MTC Arb as well and court order they are to pay. You can hold off on submitting your demand to JAMS until after the MTC is ruled on.

Outside of formal court discovery, one thing you can do to gather info is use the CFPB order against Portfolio to obtain required lawsuit initiation documentation they're to provide within 30 days of your request. See pages 32-35.

http://files.consumerfinance.gov/f/201509_cfpb_consent-order-portfolio-recovery-associates-llc.pdf

NJ Statutes Title 2A 23B has your arbitration statutes you can use. Summary Action is their term when compelling arbitration so check your rules for any specific filing detail. This guide (not Special Civil so double check info) should help as well. https://www.judiciary.state.nj.us/civil/practitioners_guide.pdf

and Special Civil Rules. http://www.judiciary.state.nj.us/rules/part6toc.html

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Wow, that CFPB filing was a mind blower. Gives me a LOT of insight into their inner workings! Thanks so much!

Will be doubling back with the court tomorrow to make sure I understand the correct steps to take in Special Civil regarding the election to arbitrate after receiving the interrogs and admissions. I have read all added in links but admit as a newbie to the legal ease involved, understanding takes multiple reviews. I don't want to risk error. Again thank you.

I do have one question that is gnawing at me and may be a result of how I think versus what the law requires...in your response which I pasted below..."At your request" refers "your" to whom? We is whom? .....am i to assume this is a line in an agreement somewhere but not necessarily in the US bank agmt (I can't find it anywhere) and because the Plaintiff has provided nothing to prove standing I can make an assumption that this is acceptable? Where would I use this line in the Motion to Compel? Would I be required to reference where this line came from? Why would the judge consider the defendants motion to compel in NJ, where the system seems to be written for the benefit of the creditor, if there is nothing to substantiate an agreement this request might be implied? Chalk it up to 16hours of reading multiple forums, maybe the sponge is too filled tonight...but I just don't understand how I could compel the court to have Portfolio Recovery pay this fee unless they give credit to the fact that my response to the complaint was very clear in denying everything because the complaint lacked standing on multiple  levels?  :( Aren't I gambling a bit?

 

At your request, we will advance your filing and hearing fees for any Claim you may file against us.

^^^ That would take care of the $250 to JAMS and the agreement also takes care of discovery. Even if that wasn't in the agreement, you'd not want to participate in it since it can waive your right to arbitration.

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In the Motion to Compel you'll be attaching the cardmember agreement and referring to it as an Exhibit. See the arbitration steps thread for templates. In your MTC you'll mention you contacted the Plaintiff to elect arbitration and request fees paid per the agreement. If you look at the examples it's pretty well covered.

The only thing the Judge is deciding on is if there is a valid agreement to arbitrate, everything else is to be decided in arbitration. The JDB is claiming they stepped into the footsteps of the original creditor. See paragraph 24 of the agreement you linked.

For the agreement, you want to use the last one while the account was active, archives at http://www.consumerfinance.gov/credit-cards/agreements/

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I just don't understand how I could compel the court to have Portfolio Recovery pay this fee unless they give credit to the fact that my response to the complaint was very clear in denying everything because the complaint lacked standing on multiple  levels?

It doesn't look like you need an answer, do your MTC making sure you comply with the court rules.

an appearance by a defendant appearing pro se shall be deemed an answer http://www.judiciary.state.nj.us/rules/r6-3.html

BTW, that's the only place I found that appearance by a Pro Se is an answer. None of the court pamphlets or other self help docs repeat that. It's kind of moot though, since they do allow pre-answer motions but if you're at the courthouse asking questions, I'd be curious what they say about just appearing.

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@CCRP626

Excellent advice,  as usual.

@Paralyzed

The only way to get your case dismissed is with arbitration.  We have had NJ attys tell us it is almost impossible for a defendant in a collection case to win in NJ Special Civil through litigation.  The judges are very pro-creditor.  And even with arbitration, you can probably expect a lot of push-back from PRA and even from the court because they aren't used to seeing defendants try to arbitrate their cases.   So hang tough.   Arbitration does work, but you have to see it through.

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18 hours ago, Paralyzed said:

Maybe I am being thick headed, my apology in advance....if counterclaim is filed it would include only the $250 JAMS fee I am required plus the 7XX.00 they are trying to collect, I am still well under the $3000 cap in NJ Special Civil Part Small Claims, no? What am I not understanding? Also, below is the arbitration clause I found in the US bank credit card agreement on line...am I interpreting this correctly?   

  

34. Arbitration Provision:

(a) You agree that either you or we can choose to have binding arbitration resolve any claim, dispute or controversy between you and us that arises from or relates to this Agreement or the Account and credit issued thereunder (individually and collectively, a "Claim"). This does not apply to any Claim in which the relief sought is within the jurisdictional limits of, and is filed in, a small claims court. If arbitration is chosen by any party, the following will apply:

(1) NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE A CLAIM IN COURT OR TO HAVE A JURY TRIAL ON A CLAIM, OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY, EXCEPT AS PROVIDED FOR IN THE APPLICABLE ARBITRATION RULES.

(2) Arbitration will only decide our or your Claim, and you may not consolidate or join the claims of other persons who may have similar claims. YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS, OR AS A PRIVATE ATTORNEY GENERAL, PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.

(3) The arbitration will be performed in accordance with this Arbitration Provision and the rules of the chosen arbitrator in effect when the Claim is filed.

(4) The arbitrator’s decision will generally be final and binding, except for the limited right of appeal provided by the Federal Arbitration Act.

(5) Other rights that you would have if you went to court might also not be available in arbitration.

(b) The party commencing the arbitration may select to use either JAMS or the American Arbitration Association ("AAA") (or, if neither of these arbitration organizations will serve, then a comparable substitute arbitration organization agreed upon by the parties or, if the parties cannot agree, chosen by a court of competent jurisdiction). If JAMS is selected, the arbitration will be handled according to its Streamlined Arbitration Rules unless the Claim is for $250,000 or more, in which case its Comprehensive Arbitration Rules shall apply. If the AAA is selected, the arbitration will be handled according to its Commercial Arbitration Rules. You may obtain rules and forms for JAMS by contacting JAMS at 1-800-352-5267 or www.jamsadr.com and for the AAA by contacting the AAA at 1-800-778-7879 or www.adr.org. Any arbitration hearing that you attend will take place in the federal judicial district where you reside. At your request, we will advance your filing and hearing fees for any Claim you may file against us. If you prevail on your Claim, we will pay your arbitration costs and fees, other than attorney, expert and witness fees and expenses. We will also pay any fees or expenses that applicable law requires us to pay. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. §§ 1 through 16, including but not limited to applicable statutes of limitation, and shall honor claims of privilege recognized at law. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

(c) This Arbitration Provision shall survive repayment of your extension of credit and termination of your Account. This Arbitration Provision shall be governed by federal law, including the Federal Arbitration Act, and by Ohio law, without regard to its internal conflict of law principles, to the extent such state law does not conflict with federal law or this Arbitration Provision. Notwithstanding any language of this Agreement to the contrary, should any portion of this Arbitration Provision be held invalid or unenforceable by a court or other body of competent jurisdiction, this entire Arbitration Provision shall be automatically terminated and all other provisions of this Agreement shall remain in full force and effect.

 

17 hours ago, CCRP626 said:

At your request, we will advance your filing and hearing fees for any Claim you may file against us.

^^^ That would take care of the $250 to JAMS and the agreement also takes care of discovery. Even if that wasn't in the agreement, you'd not want to participate in it since it can waive your right to arbitration.

You would need to review the case for any FDCPA, TCPA, FCRA and state consumer law violations. That arb thread gives some examples and you can do a search of the board. @fisthardcheese arbitration posts are excellent resources such as this one or this one. Pull all three credit reports to review for inconsistencies with their other paperwork. After they have paid all their fees and arb is commenced as shown by a letter from JAMS, you can provide detail on your claims. You'd want to get familiar with JAMS Consumer and Streamlined Rules. If they fish for more detail, that's to be provided when arbitration commences, there will not be pre-arbitration discovery, refer them to the cardmember agreement and the JAMS rules.

CCRP626!!! Chalk it up to a good night's sleep and a pot of coffee but I just found the line you quoted above in the agreement!!! WOO HOO!!  NOW I get you point!! A bond moment for sure, my apology!

This morning I called the courthouse following direction from Linda as advised....goal was to determine is in filing a motion to compel arbitration, another hearing date would be required. I actually felt 100% better after the call. The clerk there was adamant there would be no reason to file the motion since the judge would require pre-trial mediation day of hearing and I could talk to PRA thencome to agreement and move forward. I explained that the contract allowed me the option to choose to go to private arbitration and by doing so would require PRA to cease the litigation while the arbitration date was pending scheduling, that once scheduled, PRA would be required to attend and address and we could move from there. Clerk was short tempered and asked why would i want to do that when I could do it for free pre-trial and save the motion to compel? I explained that PRA filed this complaint without providing any detail as noted in my answer, and because they are a junk debt buyer with a propensity for CFPB violations as noted in multiple filings across the US, I didn't feel comfortable with litigation and prefer the private arb option extended to me. I asked if the court would require a copy of the JAMS Submittal of Arb, she was at a  loss. I asked if Verification of Affadavit (as advised from Linda) was requires in address to certification of serve and she said the following " If you want to file a motion, follow the form on line, cost is $25, you will have to certify that you sent the letter to Portfolio attorneys. Since you have a hearing date, but are filing a motion for this kind of action, the motion will be copied to Portfolio to argue or respond. If they do not respond or argue, then the court will simply review and that's it. You will get a notice after the plaintiff responds."

Am a little unclear on what happens is PRA decides to argue. I did approach her with that by saying, what would they argue when they filed a complaint making allegations of a debt but showing absolutely nothing to justify it? She was frustrated with me, for sure. Said that's up to them. If they don't get back to the court in time, the motion, I think she said, is usually cleared by the judge after review and that's it.

This all goes to support everyone's advise that arb is best option to address PRA in State of NJ. That said, I have used formatting from Linda to file motion, will add as attachment to form on line and include letter with my election to Forster, garbus who is plaintiff attorney. I am thinking also, as Linda does mention it, that filing motion and sending letter should include JAMS app so PRA does not try and force AAA arb later down the road.

My question.....This infamous line I missed last night regarding PRA having to extend the cost of the arb up front....should that be highlighted in the contract attached to the motion for easier review by judge? I will put together the draft and post for your review and advise. Let me know your thoughts then.

Last - with regards to potential CFPB violations and review of that case....I did find an old notice sent by PRA and in it they are very sneaky in wording about litigation review etc. I am looking again today to be sure I didn't miss anything, but as I see it, there may be potential for a violation. If that be the case, I would suspect additional steps may include my filing the violation with Consumer Pretection, along with a suit in Special Civil for the violation found.

 

 

 

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On 8/10/2016 at 8:46 AM, CCRP626 said:

The small claims limit is $3,000 in NJ Special Civil. I don't know what the OPs counterclaims are or if the JDB Atty would even bring up small claims.

Just checked with court house to make sure this was not an case Special Civil Part Small Claims....it is not so cc agmt with private arb is a viable option leaving little argument for PRA for my motion to private arb

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@Paralyzed check your rules to see what goes with the motion such as notice of motion and such to meet all the court rules for filing. Make sure anything you give to the court goes to the Plaintiff's Atty as well. I'd just file your answer if you're including one and Motion at the same time by the deadline to answer so they're heard on your appearance date. Your election letter send now (example in the Linda7 thread near the beginning).

For your demand with JAMS https://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf

you can send that in prior to your court date to JAMS and Plaintiff or when the Judge approves your motion to compel. Most likely after the motion is approved you'll have a stay in the case instead of a dismissal then the Judge will schedule a status hearing date for you to come back in say 30 days to make sure arb is moving forward. By that time if the Plaintiff hasn't already requested dismissal and asking what you want (dismissal with prejudice) to settle, if they haven't followed you into arb they'd be in violation of the court order.

If you're worried about not having the $250 when you send the demand form to JAMS, you don't have to have it at that moment. They'll send a payment request to the Plaintiff.

Clerks don't always understand what you're doing, they don't have patience for Pro Se either usually. They also can't give legal advice which is what it sounds you were approaching so they'll steer clear at that point. Look for a free legal review section staffed by attorneys to review your paperwork before you file to make sure everything is in order. There may be a desk in the courthouse or check with the law library. As posted earlier, it sounds like your paperwork would be formatted like a summary judgment, so look over those rules of civil procedure.

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CCRP626, Its been a crash course in filing a motion etc, but with your help, its sinking in! After reading multiple threads fromothers filing in NJ, and considering how much to courts favor creditors in this state, I have decided to file JAMS and attach the demand filing to the motion to compel arbitration. Tomorrow, after mailing my election for arb to Portfolio CRR, I head to the courthouse for review of all work I have completed and if all passes muster, I file.  I'll keep you posted and for the forum, will post any form I have completed after lawyer review. Thanks again!

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@Paralyzed

You may want to read this NJ case about credit card arbitration.  Defendant was sued by Citibank and after some delay, decided he wanted to compel Citibank to arbitrate.  Trial court denied his motion but appellate court noted that NJ law and federal law strongly favors arbitration and sent case back to trial court to reconsider.

.  https://scholar.google.com/scholar_case?case=6156665916312864862&q=citibank+v+delia&hl=en&as_sdt=206

 

We review orders compelling or denying arbitration de novo, bearing in mind the strong preference to enforce arbitration agreements found in our State and federal law. Hirsch v. Amper Fin. Servs., LLC, 215 N.J. 174, 186 (2013)

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On ‎8‎/‎10‎/‎2016 at 11:40 PM, debtzapper said:

@CCRP626

Excellent advice,  as usual.

@Paralyzed

The only way to get your case dismissed is with arbitration.  We have had NJ attys tell us it is almost impossible for a defendant in a collection case to win in NJ Special Civil through litigation.  The judges are very pro-creditor.  And even with arbitration, you can probably expect a lot of push-back from PRA and even from the court because they aren't used to seeing defendants try to arbitrate their cases.   So hang tough.   Arbitration does work, but you have to see it through.

Well Folks, not quite sure what I am dealing with here...Special Civil has a newly appointed judge who denied my MTC for arb. Denial reason: Not within SC (Special Civil) Jurisdiction. WTH? My MTC included the CADS with the ARB option, it was highlighted. Also included copies of the notification election of arb sent to Plaintiff 5 days prior, also included JAMS application filled, and all certifed notices all was received by those sent. Any advice? Am thinking at this point either she does not understand, or the JDB will wait till the day of the hearing to DROP the case in hopes I try to make amends. At this point if this continues, what is my next step? Do I contact a lawyer who can go after them for a Fed fair Credit violation or whatever it is that gets me 1k for their error?  I am baffled to say the least. 

Also, you should note, I responded to the TWELVE questions they submitted to me for interrog and admissions with one line basically stating that pending outcome of motion filed, and those outlined in arb clause, I will not be participating in discovery until JAMS is scheduled.

  

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Just now, Paralyzed said:

Credit Agreement Disclosure Statement

Thank you.  

From what I understand, there's a small claims exception.   Do you have counterclaims that exceed the amount that can be awarded in small claims?

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1 minute ago, BV80 said:

Thank you.  

From what I understand, there's a small claims exception.   Do you have counterclaims that exceed the amount that can be awarded in small claims?

No. No claim at all, another reason why I am baffled.

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20 minutes ago, Paralyzed said:

No. No claim at all, another reason why I am baffled.

Aha! Talked to clerk for more detail. Apparently MTC was denied as contract does not provide for arbitration within SC (Special Civil)  jurisdictional limits.

This goes back to my understanding of Special Civil Part versus Small Claims in State of NJ Superior Courts. This credit case is for less than 800.00. That being said, I was not sure whether the amount had me in small claims. Ironically, when I called the courts, that clerk told me I was NOT in Small Claims division. Also, by all on forum, I am not in Small Claims. So in reading the Credit Agreement which defines my election for arb...I don't quite understand the dismissal when I have followed all the steps. 

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