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9 minutes ago, Paralyzed said:

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

I'm not an attorney, but it would seem to me that the reason you  were denied is because of the small claims exception in the agreement.

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Just now, BV80 said:

I'm not an attorney, but it would seem to me that the reason you  were denied is because of the small claims exception in the agreement.

I would initially agree except that by all accounts, in talking to courts, and discussions on forums, this is NOT in Small Claims as defined in the agreement. That was my very first hurdle on this site, and I thought I had completed my homework in investigating this....now am rethinking. Something isn't right. if court clerks say I am NOT in Small Claims, is this a question for new judge? She was judge seated last month?s 

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12 minutes ago, Paralyzed said:

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. 

I don't know what we're missing.  This is from the NJ judiciary website:

The Special Civil Part, Small Claims Section handles cases in which the demand is $3,000 or less and actions for the return of all or part of a security deposit when the amount does not exceed $5000. Annually, approximately 35,000 cases are filed with the Small Claims section.

http://www.judiciary.state.nj.us/civil/

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37 minutes ago, BV80 said:

I don't know what we're missing.  This is from the NJ judiciary website:

The Special Civil Part, Small Claims Section handles cases in which the demand is $3,000 or less and actions for the return of all or part of a security deposit when the amount does not exceed $5000. Annually, approximately 35,000 cases are filed with the Small Claims section.

http://www.judiciary.state.nj.us/civil/

I thought I responded but I do not see it so here we go again.....

Please note MTC was filed with Credit Agreement Statement, Election of Arb sent CRR to attorney a few days prior, and fully completed Jams appl all in addition to the standard MTC advice noted on this site.

With regards to the "Jurisdictional Issue" and having read your link again...I am attaching the link for FAQs on the state site for further details regarding the THREE divisions within Special Civil Part. http://www.judiciary.state.nj.us/civil/11481_spec_civil_faq.pdf

Please note, that ALL written communication from both the courts and Plaintiff identify this case as filed in Special Civil Part with NO indication of Small Claims. In addition, when i called to confirm case was NOT in Small Claims division, Court Clerk told me NO, I was in Special Civil.

This all taken into consideration, I add the judge was recently elected to the position and only placed a few weeks prior to the MTC filing. It is also my understanding this court rarely sees anyone file for ARB and so there is a MISperception that by filing the MTC for Arb I am wasting my time because the case will be arbitrated at court on date scheduled. Again, from all I have learned, this is inaccurate. the judge may order both parties to step outside and come to agreement but it is NOT arbitration as defined in the credit agreement for JAMS.

Amount in dispute is less than $800.00. So I think this is muddying up the waters a bit with assumptions that because it falls within Small Claims, it is auto filed there, THAT I cannot confirm, only assume is the root of the issue. If the courts? Plaintiff had fieled this proceeding within the Small Claims division, why would that not be indicated anywhere on record sent to me?

Bottom line? What is my next step? Do I appeal? Do I object with a copy of the FAQs defining the 3 parts and make a point to state clerk is saying it is filed in Special Civil? WTH? None of this makes sense to me at the moment. I don not understand WHY I was not officially made aware of the Small Claims division filing until this was denied.....and if it IS now in Small Claims, why am I finding out after filing and not during the process?

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Also, in further review of Superior Court of NJ filings, the plaintiff would have had to file a form for Small Claims to have it heard iin small claims. Now, I don't get to see the original copy of the filing because the court only sends the second page etc which goes over the details....and all pther paperwork does not note Small Claims,,,,,so all said, I am scratching my head to understand the reason given for the denial. So my next step, anyone? How do I ask the judge to elaborate on her denial and DO I? I put a call into Philip Stern and Flitter Mills. Am hoping to get some help here. In the mean time am going over all communications on file for potential FDCFA violations for a counter suit.

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I think I may have come across something to help myself....I filed a motion to Compel arb...in review of all codes in Superior Court of NJ filings, there is nothing to match....Should I refile a motion to dismiss  - Lack of jurisdiction since I elected arbitration? http://njcourts.judiciary.state.nj.us/web15z/ACMSPA/FlashHelp/CVM1573T.htm

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I think I would file a Motion to Reconsider with the court. I would call several NJ lawyers to see exactly where you were sued, in Special Civil or in Special Civil, Small Claims.

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@BV80   Perhaps "may" is the operative word, I don't know.  

Special Civil is a court in which you may sue a person or a business (the defendant) to collect an amount of money up to $15,000 that you believe is owed to you. [If your claim is $3,000 or less, or $5,000 in the case of a tenant's security deposit, you MAY sue in the Small Claims Section.] 

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 Debt Zapper, thank you for the response. I have a similar thread on DB. I have confirmed this is file din Special Civil and NOT Small Claims.  I am heading to the courthouse tomorrow to talk to the lawyers I am told are avail for prose  filiers. I am hoping to find a way to notify the NEW judge that she may have misunderstood, but if there is no way to do that, then will file a Motion to Reconsider. A thought occurred to me....if this denial sticks and after reconsidering she chooses to deny again....won't this change the outcome of most Nj filings with regards to arb? Hmmm....I really think this is a new judge reviewing MANY motions in a court inundated with JDB filings and she may have overlooked that the forms this whole case were filed in PRIOR to her being seated are for Special Civil and NOT Small Claims. Any specifics you can offer in filing the motion outside of the standard form...maybe a case you are aware of that is similar in nature? Am looking for all the help I can find. Thanks again. 

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@Paralyzed

Well, many  NJ consumer lawyers have said how difficult it is for pro se defendants to win in Special Civil.  Add to that, the judges and staff are  not very familiar with a defendant using arbitration in a collection case.  I would include that case I gave you earlier, to emphasize that NJ law does favor private contractual arbitration in your MTR.  Don't be surprised if the lawyers you speak to you advise against arbitration.   Arbitration is just not their thing, in NJ and elsewhere, but it's probably your best shot.  At least maybe they can advise you about your MTR

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12 hours ago, debtzapper said:

@Paralyzed

Well, many  NJ consumer lawyers have said how difficult it is for pro se defendants to win in Special Civil.  Add to that, the judges and staff are  not very familiar with a defendant using arbitration in a collection case.  I would include that case I gave you earlier, to emphasize that NJ law does favor private contractual arbitration in your MTR.  Don't be surprised if the lawyers you speak to you advise against arbitration.   Arbitration is just not their thing, in NJ and elsewhere, but it's probably your best shot.  At least maybe they can advise you about your MTR

Debt zapper - thanks for the perception....I understand, especially when there was so much confusion at the clerks level when I initially filed for MTC. You refer to a case listed in this thread. Maybe I need another cup of coffee, but I can't find the link to the case you referred. Can you resend please?

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@Paralyzed while preparing your MTR it might be a good idea to check the civil procedure/appellate rules to see if the clock is tolled on appealing your MTC Arb. Usually you have 30 days (verify that) to appeal and if the reconsider provides more time that's to your benefit but if the clock is running on an appeal the whole time while you're waiting on your MTR to be heard you could lose any chance to appeal the MTC Arb.

http://law.justia.com/codes/new-jersey/2015/title-2a/section-2a-23b-28/

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10 hours ago, Paralyzed said:

Debt zapper - thanks for the perception....I understand, especially when there was so much confusion at the clerks level when I initially filed for MTC. You refer to a case listed in this thread. Maybe I need another cup of coffee, but I can't find the link to the case you referred. Can you resend please?

 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 ‎9‎/‎21‎/‎2016 at 10:15 PM, debtzapper said:

 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)

Debt zapper - I'll print this for my file, appreciate it. As f today, Motion to Reconsider filed AT courthouse last Thursday is still NOT in the court system. I faxed a request to extend the hearing date until the MTR can be entered in the system, reviewed by the court, and decided and once done, then schedule the hearing accordingly. As of 5pm. I am still sitting in limbo. All said, I am curious to understand how a case is viewed once hearings start that morning and judge sees an MTR is pending within the allowed timeline for filing...ugh. So as a back up plan, I will prepare to attend hearing and when directed to step outside to discuss with the JDB lawyer in advance, will refuse any settlement until JDB provided proof of standing, details on charges, etc....I will make a list. Is there a good few "lines" I can practice as they go through the scare tactics, so they know I m serious, not paying a debt without any proof and elected arb and may file violations against them for ignoring my election? Appreciate any ":polished" help you can offer as I am less than 5 days from hearing. 

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@Paralyzed in the hallway just make clear when they try to get a settlement payment from you that it's no payment and either dismissal of the case or private contractual arbitration. Make sure you don't get into court provided mediation or arbitration. It also sounds from your post like you're giving them some leeway to provide documentation and you'll pay. That's pre-arbitration discovery which is against your agreement. Let them pay their arbitration fees and they can produce what they have there. The only thing you're in court for is to get a court order from your MTC Arb. The arbitrator is to decide everything beyond whether there is a valid agreement to arbitrate.

For the small claims issue if they bring it up, you can point out in the agreement it states "any" claims resulting in an ambiguous interpretation by later stating small claims. Since you aren't sure that's the holdup, don't bring it up unless it's their objection. https://en.wikipedia.org/wiki/Contra_proferentem

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