Berrygin

Sued by Portfolio Recovery in Georgia

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On 10/4/2016 at 0:39 PM, shellieh98 said:

If you are going to ask for arbitration at trial, make sure and bring a copy of the credt card agreement that outlines the arbitration clause.  Bring a copy for the plaintiff and the judge.  You can give it to the plaintiff in the hallway and tell him it's a dismissal or arbitration with JAMS ( if that's the arbitrator in the agreement, it could be AAA, either will do, but JAMSHEDPUR will cost them more

I just printed out 3 copies of the C.C. agreement via consumerfinance.gov . but, while the web address shows citibank Best Buy I don't see anything in the agreement that specifically says that it's Best Buy.  Just hand it over ,and if they say this could be any ol' citibank agreement,  I should just have the exact page saved on my cell phone that shows it is indeed the citibank best buy agreement?

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yes, and point out this is from the consumerfinance.gov website.  ig they still object, then ask them for their original and true copy of the agreement. If they can't produce it, you should be able to use yours.

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Actually, if they challenge your agreement as not being the correct one, then ask them for a copy of what they claim is the correct one.   When they don't have it, say, okay, then pull out a notarized affidavit that says to the best of your knowledge, the corresponding card agreement is a true and correct copy of the agreement concerning the account in question.  That should put that to rest.

Anything else they say, just refer back to the agreement and arbitration provision.  It says I have a right to arbitration, the Supreme Court agrees.  Just keep pushing arbitration and eventually you will get them to pull out their secret dismissal form that they always carry with them.  Your goal is to get them to pull it out of their brief case and sign it.  Ignore all their hot air and threats, as the only thing that matters is they are dismissing.

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On 8/22/2016 at 5:36 PM, Clydesmom said:

It is VERY possible and your best weapon against PRA.  Especially on a debt this small their initial filing fees are more than what they claim you owe.  Magistrate Court does not set special hearings on motions to compel arbitration.  You simply type up 3 copies of the MTC arbitration and stay the case pending arb and bring it with you to the trial date along with 3 copies of a motion to dismiss with prejudice.  In the mean time you send a letter to Cooling and Winter indicating that you have been served and answer and per the terms of the card agreement attained from the CFPB that applies to the account they allege is your you elect binding arbitration through JAMS and you have filed (go ahead and do this).  Then you show up to court.

 

Ok, I could make all sorts of excuses for this (I have trouble scrolling up and down this forum as I always see that border at the top blocking text, my brain is forever like a full sponge, the time flew by, etc, etc, etc.) But I am worried I missed out on doing a few things I should have done... "You simply type up 3 copies of the MTC arbitration and stay the case pending arb and bring it with you to the trial date along with 3 copies of a motion to dismiss with prejudice."  EDIT : I  did NOT do the MTC arbitration I was competely confusing finding the arb info from CC...sigh.. before edit,  Ok, I did the first part, but didn't the 2nd part. Is there a generic template, or something I should have done at the court beforehand?

 

Quote

shellieh98 said  Only thing you need to say is you want to go to priviate arbitration per the credit card agreement.  If you really want to make an impression, find the motion to compel arbitration floating around this forum, and take from it the federal ruling on arb, quote that to the judge .

I'll look for that, thanks...someone had a good idea, somewheres on this forum , and went to court to see how things proceed with this type of court procedure. I just didn't get a chance.  I don't want to do anything to P*ss off the judge, don't know how much to present or when talk or to ask for certain things...I guess they will tell me what to do, and when to do it. :rolleyes: 

Quote

 

firsthardcheese said....Actually, if they challenge your agreement as not being the correct one, then ask them for a copy of what they claim is the correct one.   When they don't have it, say, okay, then pull out a notarized affidavit that says to the best of your knowledge, the corresponding card agreement is a true and correct copy of the agreement concerning the account in question.  That should put that to rest.

 

 

Is that something I should have, or I should ask them to present the notarized affidavit. Sorry to seem so dense about this.

 

 

 

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6 hours ago, fisthardcheese said:

Where are you in this process?   Did you file an answer?  Do you have a court date set?

Hi. Did file an Answer, had the clerk stamp 3 copies, she kept 2. Court is tomorrow....

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9 hours ago, fisthardcheese said:

Where are you in this process?   Did you file an answer?  Do you have a court date set?

(Can't even get rid of this quote, no matter how many times I refresh the page... so it will show  up again for some reason)

I am in full panic mode now...I have had work pressures, family, (hard to read and comprehend with noise in the background most of the time) and now a bad back killing my focus...I feel like I  have flat out F'ed up  with the court date tomorrow, thinking MTC Arbitration was somehow connected to the Arbitration agreement (have 3 copies of that agreement) I am usually really good at googling, fact finding...usually....( I have a small business, and do my own taxes even) I searched many @fisthardcheese  posts, @NormInGeorgia

posts and I am finding stuff in other states and I get confused....a problem I noticed before, I can't seem to search by author and keywords...if there is a way, please let me know...I've had 10 tabs open to threads here...and my brain is worthless right now.

Hell, I even saw JAMS so much I missed that my CC arbitration was with AAA....wasted time printing out and trying to figure out those forms...(or should I hope they won't know it's not JAMS and try to fake them out?)

So, nobody's fault but my own....I thought I had a handle on things, and just about anything I could misunderstand, I misunderstood.

No one is getting paid to advise me....but any suggestions on what I should do, try to do tomorrow?  I can at least fill out  the AAA form demand for Arbitration consumer Arbitration  rules is a much simpler doc than what I was seeing with JAMS even if it's more creditor friendly.

May have finally found a generic MTC arb form. No, it has a watermark...dammit.  I had one here, I briefly looked at, but stupidly didn't email or bookmark, and now seem to have closed that tab :(

shellieh98 who was kind enough to help is in Colorado(as I am sure everyone knows) said, Only thing you need to say is you want to go to priviate arbitration per the credit card agreement. Clydes mom in GA said   You simply type up 3 copies of the MTC arbitration and stay the case pending arb and bring it with you to the trial date along with 3 copies of a motion to dismiss with prejudice . this is where I really screwed up ADD, whathaveyou. after many, many hours here I just haven't found either forms...an absolute cold hard fact I have to have them? I cannot think anymore tonight....trial is in the early afternoon....if I can sleep I will still have 4+ hours to get my sh*t together...

reading the 60 page consumerfinance.gov  consent order against PRA has been too much to absorb too..

 

Thanks for the  help you all have provided......

 

 

 

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First, don't panic.  You will make mistakes.  You will do fine.  Magistrate Court in GA is pretty simple.  I have copied the sample MTC below that has been used hundreds of times around here.  Just remove any line that does not apply to your case and change the wording of section 4 to quote what your actual agreement says.  Just bring 3 copies of this motion along with 3 copies of your card agreement to court with you.  

You can bring the AAA demand form with you if you wish, but I wouldn't expect that to come into play. 

When you show up, they will do a roll call and the attorneys will start to meet with people out in the hall or a conference room one at a time to attempt to bully people into settlements, which are consent judgements.  When they call you, just hand the attorney a copy of this motion and state that you plan to ask the judge to order private arbitration per the card agreement.  The attorney will likely attempt to confuse you by saying they aren't the OC and arb doesn't apply to them.  This is not true.  You can point to the first paragraph of the card agreement that says it applies to "assigns, agents, etc...".  They will also potentially lie by saying arbitration will cost you a lot of money.  If they do this, I would just respond with "I understand the rules and procedures of the arbitration forum".  Most of the time, this is when the attorney pulls out their dismissal form and signs it in disgust.  Sometimes we have seen attorneys step out to "make a call" and return with a dismissal form.  In rare cases, the attorney has just refused to agree to dismiss and it will go to the judge.  If it goes to the judge, just hand a copy of the motion to the judge and calmly state that you are asking the court to order parties to arbitrate per the card agreement.

 

MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND DISMISS OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION

 

NOW COMES Defendant, appearing Pro Se for its Motion to Compel Private Contractual Arbitration and as grounds thereto states the following:

1. That on or about ___________, 2011, Plaintiff filed its Complaint against Defendant.

2. Defendant sent a letter via certified mail to Plaintiff's attorney on ____________, 2011, electing arbitration with JAMS and requesting dismissal of this case (see Exhibit A, attached).

3. Defendant moves this court to compel binding Private Arbitration based on the terms and conditions of the Credit Card Agreement (see Exhibit B, attached).

4. The parties are bound by the Credit Card Agreement. The Arbitration Agreement states among other things:

(a) YOU AND WE AGREE THAT EITHER YOU OR WE MAY, AT EITHER PARTY’S SOLE ELECTION REQUIRE THAT ANY CLAIM BE RESOLVED BY BINDING PRIVATE ARBITRATION.

(b) IF YOU OR WE ELECT PRIVATE ARBITRATION OF A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY.

(c) YOU OR WE MAY ELECT ARBITRATION UNDER THIS ARBITRATION PROVISION WITH RESPECT TO ANY CLAIM, EVEN IF THE CLAIM IS PART OF A LAWSUIT BROUGHT IN COURT. YOU OR WE MAY MAKE A MOTION OR REQUEST IN COURT TO COMPEL PRIVATE ARBITRATION OF ANY CLAIM BROUGHT AS PART OF ANY LAWSUIT

(d) CLAIM MEANS ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND OR NATURE BETWEEN YOU AND US.

(e) THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY AND ENFORCEABLE UNDER THE FEDERAL ARBITRATION ACT.


5. The Federal Arbitration Act (FAA) 9 USC, Section 1-2 provides:

“A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract, transaction, or refusal, shall be valid, irrevocable and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract”.

6. The Supreme Court Ruling, decided April 27, 2011, AT&T MOBILITY LLC v. CONCEPCION ET U, states that courts must enforce arbitration agreements according to their terms. If there is an arbitration clause in the contract, that clause must be honored.

"We have described this provision as reflecting both a “liberal federal policy favoring arbitration,” Moses H. Cone , supra, at 24, and the “fundamental principle that arbitration is a matter of contract,” Rent-A-Center, West, Inc. v. Jackson , 561 U. S. ____, ____ (2010) (slip op., at 3). In line with these principles, courts must place arbitration agreements on an equal footing with other contracts, Buckeye Check Cashing, Inc. v. Cardegna , 546 U. S. 440, 443 (2006) , and enforce them according to their terms, Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ. , 489 U. S. 468, 478 (1989) ."

Furthermore, "The “principal purpose” of the FAA is to “ensur[e] that private arbitration agreements are enforced according to their terms.” Volt , 489 U. S., at 478; see also Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp. , 559 U. S. ___, ___ (2010) (slip op., at 17). This purpose is readily apparent from the FAA’s text. Section 2 makes arbitration agreements “valid, irrevocable, and enforceable” as written (subject, of course, to the saving clause); §3 requires courts to stay litigation of arbitral claims pending arbitration of those claims “in accordance with the terms of the agreement”; and §4 requires courts to compel arbitration “in accordance with the terms of the agreement” upon the motion of either party to the agreement . . . "

7. The Defendant elects arbitration to settle this dispute.


WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration pursuant to the Cardmember Agreement and to dismiss Plaintiff’s complaint due to Lack of Subject Matter Jurisdiction or in the alternative, to stay proceedings pending contractual arbitration.

 

Respectfully submitted this day ________________, 2014


(Your name typed), Defendant, pro se

 

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@fisthardcheese THANK YOU! Even with just a few hours sleep, I am calmer, and my brain has decided to not be my enemy today.I don't know why I couldn't find that....perhaps there is a stickie post with it, and I got too tied up in searching the forums by members, and if you search for MTC arbitration, or motion to compel arbitration, well...those words show up 100's of times

One question, you said..... "Just remove any line that does not apply to your case " can I just delete ....... "2. Defendant sent a letter via certified mail to Plaintiff's attorney on ____________, 2011, electing arbitration with JAMS and requesting dismissal of this case (see Exhibit A, attached). " since I didn't do this, and change the numbers accordingly? I get the feeling that's ok...just want to make sure it is....

I had another question, but my brain still has a backfire or two left in it ;)

 

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I dug around some more, and saw this motion to dismiss someone used..(I kept searching for "Forms" found this searching  instead with Docx) .one of the questions I forgot to ask before, will any ol' Motion to Dismiss form do? Like this one? Just change like I did the MTC Arb form fisthardcheese supplied? to my simple mind, this should be a uniform form/document at least per state if not courthouse....I have 2 whole hours to come up with one before I leave, but at this point,  I am more concerned with getting the suit stopped , than being sued again

 

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3 hours ago, Berrygin said:

One question, you said..... "Just remove any line that does not apply to your case " can I just delete ....... "2. Defendant sent a letter via certified mail to Plaintiff's attorney on ____________, 2011, electing arbitration with JAMS and requesting dismissal of this case (see Exhibit A, attached). " since I didn't do this, and change the numbers accordingly?

That's exactly right

1 hour ago, Berrygin said:

I have 2 whole hours to come up with one before I leave, but at this point,  I am more concerned with getting the suit stopped , than being sued again

No need for another motion.  The MTC I posted covers everything.  A motion to dismiss will just confuse you, the attorney and judge.  Keep it simple.

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Remember, all you want to do is assert your right to arbitration.  You go to court telling everyone that AAA has jurisdiction to hear this case and the Magistrate Court does not because that is what the contract and Supreme Court says.  This is your only argument.  That is all you need to worry about.   If the JDB wants to dismiss instead of dealing with AAA, let them.  If they want to be ordered by the court to go to AAA, let them.  If they argue against AAA, then you tell them the judge will decide and let him.  Anything else that happens are just distractions. 

Let us know the outcome when you can.  Good luck!

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And the verdict is..........................................an order for continuance.....Whaaaaa?????? In early November....

So, having tension ebb and flow all night and all day...finally got to court. A mistake I perhaps made was just before they were to open the doors, in the hallway where everyone was waiting (not a lot of folks showed up, or were no shows for that matter, a really light day on the docket for some reason) someone called my name...well a few people we called by 2 different lawyers, didn't answer. I assumed they were not there.  Of course, I'm thinking if I don't respond in the hallway, then they might think I wasn't there so I answered....young gentleman, guessing someone that will move up in the lawyer world (no dope for me, drat ;) ) brought me down the hallway...ok, here it comes, stay calm. Was glad he didn't seem uber aggressive, that would have really rubbed me the wrong way, and perhaps gotten me off my gameplan, such as it was...anyway, he seemed raw, which was good...said he was from portfolio, should have said you mean cooling and winter, but didn't. So, he was about to go into his long spiel looking at my answer then I handed him my MTC arb form and said, I am requesting arbitration via my credit card agreement.  I could tell he wasn't too happy about that. Then he asked, do you have the credit card arb info? I said do you? he fumbled a bit...said he just had those printed statements. I pretended to fumble too after didn't have it...then pulled it out...sigh again....Then he mentioned perhaps a deal, I said no deal....I may have only mentioned binding arb, not dismissal outright, which may have been a mistake, but I figured he would know the next step.  He said something to the affect that we would have to come back out in the hall an do this all over again...feeling calmer and like things were going my way, I said not a problem.  Now mind you this is before going into court..I didn't expect that to happen. At least not before roll call. He asked if that copy of the MTC and CC arb were for him, I said sure, I had another copy. Maybe I shouldn't have let him have it?

Anyway,  go into the courtroom and when my case came up, he stood up and said something about wanting me to file for Arbitration in 30 days, and to set up a court date. Figuring this was just a scare tactic, I just ahead calmly, serenely even...not gonna budge dude, you need to fold...but, went up before the judge and had to schedule a date....Judge didn't seem to have an issue with the lawyer, but mentioned repeatedly how there were holidays in Nov,  the lawyer said that's true...come on man, fold, FOLD....nope...date scheduled after much procrastination by the judge.  11-10. very early....drat.... The Lawyer said I have to file or otherwise it starts all over again...fine I said...It will cost me, he said...I know...$250...again he's not really happy, but hides it, except for a few deep sighs..

talked to a cool guy outside that was likely to go to court with Midland, very prepared...asked how it went, and he said, that basically they just hope I won't file paperwork for arbitration and won't show to court...

Even AAA is going to cost them more than the $1200 they want from me, correct? Is this a new tactic? Forcing the defendant to come back to court in 30 days? A hail Mary , so you are saying there is a chance move? 

So, what should I do next? I told ya weird things happen to me, only to me ;)

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3 hours ago, Berrygin said:

And the verdict is..........................................an order for continuance.....Whaaaaa?????? In early November....

This is standard.  NO need to panic.

3 hours ago, Berrygin said:

Anyway,  go into the courtroom and when my case came up, he stood up and said something about wanting me to file for Arbitration in 30 days, and to set up a court date. Figuring this was just a scare tactic, I just ahead calmly, serenely even...not gonna budge dude, you need to fold...but, went up before the judge and had to schedule a date..

PRA has caught on to the arbitration tactic.  They won't follow you in but after folding on cases like yours they now want to see how serious consumers are.  It is very simple.  File with JAMS and pay the $250.  When that return date comes up PRA will talk dismissal with you.  At that point  your terms are they delete all trade lines and reimburse the $250 you spend in JAMS if they are not going to arbitrate and dismiss all court actions with prejudice.  Easy peasy.

3 hours ago, Berrygin said:

The Lawyer said I have to file or otherwise it starts all over again...fine I said...It will cost me, he said...I know...$250...again he's not really happy, but hides it, except for a few deep sighs..

He is correct.  This is to weed out the defendants who are making the false arbitration threat (similar to the ones who say they are filing BK) from those who will actually do it.

Stand tough.

3 hours ago, Berrygin said:

talked to a cool guy outside that was likely to go to court with Midland, very prepared...asked how it went, and he said, that basically they just hope I won't file paperwork for arbitration and won't show to court...

He is right.  PRA is hoping that you can't or don't file with JAMS and forget to come back for the November hearing so they can get the default judgment.

3 hours ago, Berrygin said:

So, what should I do next?

See above.

3 hours ago, Berrygin said:

I told ya weird things happen to me, only to me ;)

Nope not weird.  Pretty standard and you handled it just fine.  Now finish them off!  

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13 hours ago, Berrygin said:

talked to a cool guy outside that was likely to go to court with Midland, very prepared...asked how it went, and he said, that basically they just hope I won't file paperwork for arbitration and won't show to court...

This is exactly what they expect.  Their entire goal is to get you to make a mistake.  You notice how you were one of the very few who showed up?  They want to "do it again" in 30 days because the odds are in their favor that you will be one of the other 90% who don't show up next time.

Before you file the arbitration, what does your card agreement say regarding arb fees?  Read it carefully.  I know people talk about JAMS being a better option (because it costs more for them), but if this were me, I would use AAA only because they allow email filing and makes it much easier, plus PRA is highly unlikely to arbitrate anyway.  The email filing will allow me to file immediately rather than having to first serve the attorney, wait for the green card return and then mail the filing to JAMS.  It can take 2 weeks just to send in the proper filing and you have a hearing in about 4 weeks.  With AAA, within 2 or 3 days you will get a reply with a case number.  Even though it could take up to 30 days to actually get the formal letter accepting the case, printing the email confirmation of filing with the case number to show the court will be good evidence on your next court hearing.  Also, it can allow you to stall on paying the $200, because you will get a case number and proof of filing before having to pay, which you can show to the court as proof you filed.  If they decide to continue beyond that, then you can send in the $200 to AAA.  That's just how I would play it, anyway.

Did you give the judge a copy of your MTC also? Or did the attorney simply ask for a continuance?

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I know I am late to the party but I fought against PRA last year and won pretty easily. Don't panic, take breaths and follow the info you get here. You'll make it out alive, promise!

 

Good luck!

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On 10/12/2016 at 5:43 AM, fisthardcheese said:

...

Before you file the arbitration, what does your card agreement say regarding arb fees?  Read it carefully.  I know people talk about JAMS being a better option (because it costs more for them), but if this were me, I would use AAA only because they allow email filing and makes it much easier, plus PRA is highly unlikely to arbitrate anyway.  The email filing will allow me to file immediately rather than having to first serve the attorney, wait for the green card return and then mail the filing to JAMS.  It can take 2 weeks just to send in the proper filing and you have a hearing in about 4 weeks.  With AAA, within 2 or 3 days you will get a reply with a case number.  Even though it could take up to 30 days to actually get the formal letter accepting the case, printing the email confirmation of filing with the case number to show the court will be good evidence on your next court hearing.  Also, it can allow you to stall on paying the $200, because you will get a case number and proof of filing before having to pay, which you can show to the court as proof you filed.  If they decide to continue beyond that, then you can send in the $200 to AAA.  That's just how I would play it, anyway.

 

 @fisthardcheese under paying for arbitration fees, it says...We will Pay your share of the arbitration fee for a n arbitration of claims $75,000 or less if they are unrelated to debt collection.  Otherwise, arbitration fees will be allocated according to the applicable AAA rules. If we prevail, we may not recover our arb fees, unless the arbitrator decides your claim was frivolous  . All Parties are responsible, for their own attorney's fee, expert fees and any other expenses , unless the arbitrator awards such fees and any other expenses to you or us based on applicable law.

A bit confused, I thought I had to go with the Arbitrator in the contract? Well, you make a good point about AAA being the main choice anyway.

Can I ask which form is the correct one for this type of case? Is it....

Arbitration Answering Statement and Counterclaim Request 

or

Business and Consumer Submission to Non-Binding Arbitration

Request for Mediation

Submission to Dispute Resolution

Submission to Mediation

I'd hate to screw up with the wrong form.

Quote

Did you give the judge a copy of your MTC also? Or did the attorney simply ask for a continuance?

 

I gave the MTC and arb rules to the Judge as well.  
   

 

 

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5 hours ago, Berrygin said:
 

 @fisthardcheese under paying for arbitration fees, it says...We will Pay your share of the arbitration fee for a n arbitration of claims $75,000 or less if they are unrelated to debt collection.  Otherwise, arbitration fees will be allocated according to the applicable AAA rules. If we prevail, we may not recover our arb fees, unless the arbitrator decides your claim was frivolous  . All Parties are responsible, for their own attorney's fee, expert fees and any other expenses , unless the arbitrator awards such fees and any other expenses to you or us based on applicable law.

A bit confused, I thought I had to go with the Arbitrator in the contract? Well, you make a good point about AAA being the main choice anyway.

Can I ask which form is the correct one for this type of case? Is it....

Arbitration Answering Statement and Counterclaim Request 

or

Business and Consumer Submission to Non-Binding Arbitration

Request for Mediation

Submission to Dispute Resolution

Submission to Mediation

I'd hate to screw up with the wrong form.

 

I gave the MTC and arb rules to the Judge as well.  
   

 

 

Good, then you don't have to send in a single dime to get this started.

None of those links you have are correct.  You need the Demand for Consumer Arbitration form:  https://www.adr.org/cs/idcplg?IdcService=GET_FILE&dDocName=ADRSTAGE2034889&RevisionSelectionMethod=LatestReleased

Instructions for filing are at the bottom of the form.  I would follow them closely. They are not difficult at all.  Like I said, I would use the email address provided and just send a PDF of the required forms and documents to file the case.  In the body of the email, I will note to AAA that I am filing a new consumer case and that per the contract, I have requested that the consumer filing fee be forwarded to AAA by the company.

I would include a cover letter to the same forms I am sending to the attorney and in that letter I will say "I am requesting that the filing fee be forwarded to AAA per the card agreement".  I also attach a copy of this letter in my email to AAA.

I hope that you are looking at the CONSUMER rules on the AAA website as well.

 

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On 10/14/2016 at 6:46 PM, fisthardcheese said:

Good, then you don't have to send in a single dime to get this started.

None of those links you have are correct.  You need the Demand for Consumer Arbitration form:  https://www.adr.org/cs/idcplg?IdcService=GET_FILE&dDocName=ADRSTAGE2034889&RevisionSelectionMethod=LatestReleased

Instructions for filing are at the bottom of the form.  I would follow them closely. They are not difficult at all.  Like I said, I would use the email address provided and just send a PDF of the required forms and documents to file the case.  In the body of the email, I will note to AAA that I am filing a new consumer case and that per the contract, I have requested that the consumer filing fee be forwarded to AAA by the company.

I would include a cover letter to the same forms I am sending to the attorney and in that letter I will say "I am requesting that the filing fee be forwarded to AAA per the card agreement".  I also attach a copy of this letter in my email to AAA.

I hope that you are looking at the CONSUMER rules on the AAA website as well.

 

@fisthardcheese

Thanks again! A question before I send this off (Funny, I did use the correct form when I went to court, then screwed up here!) Not sure if it matters or not, but should I send this via snail mail to cooling and winter or Portfolio's address via the summons?  Both?

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Ok, re-reading some of the stuff above...I am confused again....

We will Pay your share of the arbitration fee for a n arbitration of claims $75,000 or less if they are unrelated to debt collection.  Otherwise, arbitration fees will be allocated according to the applicable AAA rules.

I misread that to say if it was under $75K, I didn't have to worry about the fees, but then I saw the part that said,  if they are Unrelated to debt collection.

@fisthardcheese

Above you said...

Quote

Good, then you don't have to send in a single dime to get this started.

.....In the body of the email, I will note to AAA that I am filing a new consumer case and that per the contract, I have requested that the consumer filing fee be forwarded to AAA by the company.

I would include a cover letter to the same forms I am sending to the attorney and in that letter I will say "I am requesting that the filing fee be forwarded to AAA per the card agreement

from the bottom of the AAA form I see this...

7. Send a copy of this completed form to the AAA together with:
• A clear, legible copy of the contract containing the parties’ agreement
to arbitrate disputes;
The proper filing fee (filing fee information can be found in the
Costs of Arbitration section of the Consumer Arbitration Rules); and
• A copy of the court order, if arbitration is court-ordered

 

Send a copy of the completed form and any attachments to all
parties and retain a copy of the form for your records.
Cases may be filed with the AAA by mail, facsimile, email, or on-line.
To file by mail send the initial filing documents and the filing fee to:
AAA Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ
08043. To file via fax send the initial filing documents and a completed
charge card authorization form for the filing fee to 877-304-8457. To file by
email send the filing documents and a check or a completed charge card
authorization form for the filing fee to CaseFiling@adr.org. Charge card
authorization forms are available at www.adr.org/Services/Forms.

So, can I still send it off without the filing fee, and get the case number? Sorry if I am being stupid , and  I am missing something here, just don't want to file this and have them say there is a problem....

 

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1. I send copies of the filing CMRRR to winter & cooling.

2. I would file by email with AAA and still ask them to pay fees.  Worst that happens is AAA says you must pay the $200 and will give you a deadline to pay up.

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On 10/21/2016 at 11:38 AM, fisthardcheese said:

1. I send copies of the filing CMRRR to winter & cooling.

2. I would file by email with AAA and still ask them to pay fees.  Worst that happens is AAA says you must pay the $200 and will give you a deadline to pay up.

@fisthardcheese Actually, the worst that can happen is the Perry Mason on staff at Cooling and Winter can say I lied about who pays for arbitration(or words to that effect) had not in fact paid arb fees,(I never got an email from AAA other than the case # one) and say therefore I waived my Arbitration rights and that they wanted me to either pay up (went out in the hall, and my only option was to pay in full) or go to trial.  Decided might as well go to trial The Judge said there would be a trial ....today. So, completely ill prepared for trial, I fumbled around with my paperwork, mentioned that the Arb agreement said ....."If Arb is chosen by any party, enigher you nor we will have the right to litigate that claim in court, or have a jury trail on that claim"....then Perry Mason said, I had no proof that this was the credit card agreement that I could have printed off ANY agreement, anywhere....of course the printout I have is a pdf file, no web address....in the whole 10 minutes I had to prepare, furiously tried to get wifi in there, to bring up the agreement, no dice....Perry also said the agreement would only apply when the card was charged off, not the 2016 citibank info I "supposedly" had.

I had 3 hours sleep, couldn't get the brain working fully, (said something about a continuance), Perry talked about papers he could show of previous cases like mine, something about georgia law too...can't remember everything, was so in shock.....the Lawyer also asked for something to be put in the record in case there was an appeal....

I feel so screwed right now....I am unemployed, have some health issues....really don't have/want to pay over $1200 to a junk debt collector...oh, and of course I have to pay $100 in court fees (not even sure how you do that, they just said I could leave after getting a copy of the judgement )

So, is there any hail Mary option, or am I F'ed right now? Any point to appealing? Clearly these things don't happen most of the time, but these things do happen....to me. They must be losing too many cases, and are fighting harder than ever......

Damn....just damn.....

 

 

 

 

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@Berrygin

If you are able to pay the fee to file an appeal, then you should do that if you want to try again.  An appeal to State Court means that the case starts over completely new as though it never happened in Magistrate Court.    I doubt the AAA case was closed, correct?  Is it still on the AAA website?  You can email AAA to make sure and then you can pay the fee before you file the appeal.   Or at least find out why AAA failed to send out any invoice or follow up email.       This all assumes you have the cash to pay AAA and for the appeal.  That would take away Perry's argument about arb being waived.    Then if he wants to settle the case after your MTC has been approved and before going to trial, you can ask to be reimbursed for the money you spent as part of the settlement agreement.   Just my two cents.  

 

 

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@NormInGeorgia

Thanks, that makes me feel a bit better. Any idea what it might cost, State Court? So what you are saying is even though the Magistrate judge said I waived the Arb rights, I would still be able to claim them?  that's good. Wonder if portfolio, or Cooling and Winter, has been checking here? Certainly possible. 

I just checked, and while I got no additional emails, on the website, they just say incomplete filing. Man, I wish I had thought to check there, or they had emailed me. I can pay for that.....I know I have other questions, but my brain is still mush right now....

 

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Well, I think I found the info, $215 to go to state court. Man....oh, another question, he said the arb agreement could not be from 2016, but the year the card was charged off. Aren't they supposed to be beholden to the latest c.c. agreement?

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