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PRA VS Me in Indiana


Beann
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Hello everyone.  I've been sued by a PRA in Indiana which I've come to find out is a jdb haven. Awesome. I'm just going to lay out what I have and any advice is welcomed and appreciated. Thank you.

Who is the named plaintiff in the suit?  Portfolio Recovert Associates LLC

What is the name of the law firm handling the suit?  V. Beth Albright & Matthew Kunkle

How much are you being sued for? $2900

Who is the original creditor? It says CIT Online Bank

How do you know you are being sued? Served

How were you served? Summons left on door 10/27 and received in mail 11/3

Was the service legal as required by your state? Yes

What was your correspondence (if any) with the people suing you before you think you were being sued? None

What state and county do you live in? Indiana

When is the last time you paid on this account? 

What is the SOL on the debt? 6 years

What is the status of your case?

 

Right now just the filing and being serviced

Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes. I did it after receiving a notice in the mail that a PRA got an approved MTD since they sued me and I didn't know it because they sent it to the wrong address.

Did you request debt validation before the suit was filed? Yes. And I didn't get anything but I have my certified letter receipt when I sent it in August.

How long do you have to respond to the suit? 20 days originally but I'm coming up on less than a week to respond.

What evidence did they send with the summons? 

-Affidavit of debt signed by PRA employee stating: the debt was obtained by dell which was obtained by them from cit online bank, there's an unpaid balance from the account opened in 2004 and last payment in 2014, that it's a cc account, no attorney fees are being sought and I'm not military active duty. 

Affiant is Christina Patterson

-Bill of Sale from Webbank to Dell Financial dated 4/13/2015 (no specific account details given)

-Bill of Sale from Dell Financial dated 4/15/2015 (again no specific account details given)

-Exhibit to dell financial bill of sale stating that the purchased accounts are included in a named spreadsheet file with the date 3/31/2015.

-Bill statement from dell mailed to an address I've never lived.

Any and all advice welcome.  Thanks!!!

 

 

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Well crap! I had this whole post written and now it's gone. 

So I've done some research and checked out the Indiana trial and evidence rules and at this point I realize I have a few options:

1. Answer complaint with denial

  -which raises  the question of to do it with or without defenses according to trial rule 8 (c)

2. File MTD  according to trial rule 12 B (6) (failure to name the real party in interest under rule 17) because of all of the uncertified and unsworn "evidence" that doesn't show claim to any account associated with me that is only supported by a generic affidavit (which, lets be real, will likely be denied at this point...although it would give me 10 more days to respond to the complaint) THEN answer the complaint. But there is legal precedent in the state     Where it was determined that Midland failed as a matter of law to designate evidence to make prima favor due to the lack of personal knowledge of the affiant...but this was an appeal of judgement so I don't know if I can cite it in my case.

3. File MTC for Arbs which would be fine if I can find the cc agreement for Cit Bank to see if it even has an arbs clause.

I honestly can't believe what they submitted is considered evidence. It's a waste of everyone's time all around. 

 

So so any suggestions to which way I should head?

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After searching like no end I think I found the terms and conditions for CIT Bank (which eventually became WebBank) through the WebBank website which leads directly to a Dell website  it's not dated, but it's the ONLY one I've find. So if anyone ever feels they need it in posting the link here.

http://www.dell.com/downloads/global/services/sd/DPA_Terms_Conditions.pdf

It DOES include an arbitration clause via AAA or JAMS.

Now to do a bit more research on Arbitration. 

Does anyone know if it's best to dog straighten to arbitration rather than answer/litigate job cases in indiana?

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Okay I found an arbitration rule in the Indiana trial rules and I need a bit of clarification:

Rule 38 (e) Jury Trial Right- arbitration 

Nothing in these rules shall deny the parties the right by contract or agreement to submit or to agree to submit controversies to arbitration made before or after commencement of an action thereon or deny the courts power to specifically enforce such agreements.

 

does this mean I can file for arbitration at any time? Even with a trail pending? Would filing an answer completely prevent me make from  filing a motion to compel arbitration or vice versa?

 

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On 11/8/2016 at 10:43 PM, Beann said:

2. File MTD  according to trial rule 12 B (6) (failure to name the real party in interest under rule 17) because of all of the uncertified and unsworn "evidence" that doesn't show claim to any account associated with me that is only supported by a generic affidavit (which, lets be real, will likely be denied at this point...although it would give me 10 more days to respond to the complaint) THEN answer the complaint. But there is legal precedent in the state     Where it was determined that Midland failed as a matter of law to designate evidence to make prima favor due to the lack of personal knowledge of the affiant...but this was an appeal of judgement so I don't know if I can cite it in my case.

No.   A MTD tests the sufficiency of the complaint itself.    It's not about the sufficiency of the evidence.   You'd be arguing the evidence.

The OP in the following thread is also from IN.

http://www.creditinfocenter.com/community/topic/328257-getting-sued-by-cavarly-spv-i-in-indiana/?page=1

 

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6 hours ago, BV80 said:

No.   A MTD tests the sufficiency of the complaint itself.    It's not about the sufficiency of the evidence.   You'd be arguing the evidence.

The OP in the following thread is also from IN.

http://www.creditinfocenter.com/community/topic/328257-getting-sued-by-cavarly-spv-i-in-indiana/?page=1

 

Thanks Bv! I already had that link bookmarked and have been reading it. It looks like that person is going straight for Arbitration.

 

i also found this thread also from a fellow Hoosier, also helpful which pretty much answered my question as to whether I can file an answer and not lose any right to JAMS.

Currently Re-re-reading Rule 8 (c)  General Rules of Pleading-affirmative defenses and the agreement.

 

i want to get this right but I feel like with all the info I'm taking in from the rules to reading other cases everything is starting to jumble together and I'm making it waaaay more complicated than it actually is.

 

I'll draft my answer tonight and post it. Hopefully it doesn't suck.  Feel free to let me know if it does! Then draft an MTC.

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An answer can be fairly simple.  I essentially would want to deny everything except my name and address.  Then I would add affirmative defenses of 1. Lack of subject matter jurisdiction - the court does not have jurisdiction over this contract, as the contract contains a private arbitration agreement and defendant has exercised their right to arbitration.  2. Lack of standing - Plaintiff is not the proper party in interest and lacks standing to sue.

After that, I file the MTC Arb.  I would make sure to include the card agreement and a notarized affidavit stating that the card agreement you are attaching as evidence is the correct agreement that governed the account in question at the last known time the account was in good standing.

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16 hours ago, fisthardcheese said:

An answer can be fairly simple.  I essentially would want to deny everything except my name and address.  Then I would add affirmative defenses of 1. Lack of subject matter jurisdiction - the court does not have jurisdiction over this contract, as the contract contains a private arbitration agreement and defendant has exercised their right to arbitration.  2. Lack of standing - Plaintiff is not the proper party in interest and lacks standing to sue.

After that, I file the MTC Arb.  I would make sure to include the card agreement and a notarized affidavit stating that the card agreement you are attaching as evidence is the correct agreement that governed the account in question at the last known time the account was in good standing.

thanks so much for your response. I've drafted my MTC for Arb. I do plan on also including an affidavit with the cc agreement and my answer if anyone could take a gander at this MTC and let me know if its up to snuff it would much appreciated.  I've included relevant parts of the arbitration provision from the cc 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 xxx xx , 2016, Plaintiff filed its Complaint against Defendant.

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

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

a) "The terms "we" and "us" shall mean WebBank and Dell Financial Services L.L.C (and) any third party providing products or services to you or us in connection with your Account (including but not limited to any credit bureau, debt collector or vendor, Participating Merchant, and including their parents, direct and o their respective employees, directors and representatives)."

 

 

B) “Any claim, dispute or controversy (whether based upon contract, tort, intentional or otherwise, constitution, statute, common law, or equity and whether pre-existing, present or future including initial claims, counterclaims, cross-claims and third-party claims), arising from or relating to you applying for, obtaining or using this Account, this Agreement (including the validity or the enforceability of this arbitration clause, any part thereof or the entire Agreement), or the relationships which result from this Agreement (called “Claim”) shall be decided, upon the election of you or us, by binding arbitration pursuant to this arbitration provision.”


c)“If either party chooses to arbitrate a claim, neither party will have the right to litigate that claim in court."


d) “In any arbitration, we will pay the entire amount of the arbitration fees, including any required deposit”


4. The Federal Arbitration Act (FAA)
9 U.S. Code § 3. Section 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”. 

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 . . . " 

5. 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 24103 S.Ct. 927, and the 'fundamental principle that arbitration is a matter of contract,' Rent-A-Center, West, Inc. v. Jackson, 561 U.S. ___, ___, 130 S.Ct. 2772, 2776, 177 L.Ed.2d 403 (2010). 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, 126 S.Ct. 1204, 163 L.Ed.2d 1038 (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, 109 S.Ct. 1248, 103 L.Ed.2d 488 (1989).

 

6. "Indiana and federal law recognize a strong policy of favoring enforcement of arbitration agreements." Safety Nat'l Cas. Co. v. Cinergy Corp., 829 N.E.2d 986, 1000 (Ind.Ct.App.2005)trans. denied. Thus, when construing arbitration agreements, every doubt is to be resolved in favor of arbitration. Green Tree Servicing, LLC v. Brough, 930 N.E.2d 1238 (Ind.Ct.App. 2010).


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 ________________, 2016

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1 hour ago, Beann said:

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

I'm not thrilled about the wording of sub section a.  Does the first paragraph of the entire card agreement elaborate on who is covered under the agreement, including agents and assigns, etc?  If so, I would eliminate the second sentence in 3 and just go with the first paragraph of the entire agreement that states who is covered by the agreement.

1 hour ago, Beann said:

d) “In any arbitration, we will pay the entire amount of the arbitration fees, including any required deposit”

I would eliminate this line completely.  The judge should only be concerned with the legality of the arbitration and card agreement, it doesn't matter who is required to pay.  That is for the JDB to deal with after the court grants the MTC.

Even though the Supreme Court case law should be the gold standard in courts, I like that you also added your own state case law just to give a little extra push on the local judge.  In all, it's a good MTC.

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17 minutes ago, fisthardcheese said:

I'm not thrilled about the wording of sub section a.  Does the first paragraph of the entire card agreement elaborate on who is covered under the agreement, including agents and assigns, etc?  If so, I would eliminate the second sentence in 3 and just go with the first paragraph of the entire agreement that states who is covered by the agreement.

I would eliminate this line completely.  The judge should only be concerned with the legality of the arbitration and card agreement, it doesn't matter who is required to pay.  That is for the JDB to deal with after the court grants the MTC.

Even though the Supreme Court case law should be the gold standard in courts, I like that you also added your own state case law just to give a little extra push on the local judge.  In all, it's a good MTC.

First, thanks so much for your response. It is really appreciated since I'm down to the wire.

 

I looked over the agreement again and it says, "For the purposes of this arbitration provision, the terms "we" and "us" shall mean web bank and Dell financial services llc, their parents, direct and indirect subsidiaries, affiliates, liscebsees, predecessors, successors, assigns and any purchaser of the account or any receivables arising from the use of the account, and each of their respective enployees, directors and representatives 

THEN it goes on to say what I posted in the subsection a. The problem is, is that it's not the first paragraph. It's pretty far down the 3 pages allotted for the provision.

 

should I just post that part instead?  Or just ditch a and d all together?

 

 

I was trying to keep it short according to the requirements of trial rule but anything that will help a judge grant this would be great.

 

and I guess I can eliminate the subsection the arbitration fees since it's in the attached cc agreement and PRA can see it for themselves.

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4 hours ago, Beann said:

First, thanks so much for your response. It is really appreciated since I'm down to the wire.

 

I looked over the agreement again and it says, "For the purposes of this arbitration provision, the terms "we" and "us" shall mean web bank and Dell financial services llc, their parents, direct and indirect subsidiaries, affiliates, liscebsees, predecessors, successors, assigns and any purchaser of the account or any receivables arising from the use of the account, and each of their respective enployees, directors and representatives 

THEN it goes on to say what I posted in the subsection a. The problem is, is that it's not the first paragraph. It's pretty far down the 3 pages allotted for the provision.

 

should I just post that part instead?  Or just ditch a and d all together?

 

 

I was trying to keep it short according to the requirements of trial rule but anything that will help a judge grant this would be great.

 

and I guess I can eliminate the subsection the arbitration fees since it's in the attached cc agreement and PRA can see it for themselves.

Yes, quote what you quoted here.  It is more important to show that the agreement covers "assigns", since that is what PRA is.

I would eliminate the line about them paying because its not pertinent as to whether arb should be granted or not.  PRA knows they must pay and if they don't, they will learn about it when they get the $3400 bill from AAA just to get started.

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10 hours ago, fisthardcheese said:

Yes, quote what you quoted here.  It is more important to show that the agreement covers "assigns", since that is what PRA is.

I would eliminate the line about them paying because its not pertinent as to whether arb should be granted or not.  PRA knows they must pay and if they don't, they will learn about it when they get the $3400 bill from AAA just to get started.

Thanks I changed it and filed everything. It looks like I may have to go back to the clerk tomorrow  because they didn't note my COS on one of the files in the case summary (they noted it in all the others though)  so I have to see what is going on with that since its at the end of the document.  And see if I need to submit another one separately (which is allowed under trial rule). But it would I have to mail that one to PRA as well since they have the same doc with the COS in it as well?  And then have a COS for the COS? That sounds ridiculously redundant if so.

 

Mailed everything off to PRA and other than that...I wait and see what happens. I'll update when it does.

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  • 4 weeks later...

Quick update: it's been a month since I filed all paperwork and no movement has happened in my case. I check the case summary every day and...nothing. No response about the Mtc from pra so while I wait I'm prepping  my jams paperwork and my list of violations. 

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9 hours ago, Beann said:

Quick update: it's been a month since I filed all paperwork and no movement has happened in my case. I check the case summary every day and...nothing. No response about the Mtc from pra so while I wait I'm prepping  my jams paperwork and my list of violations. 

Check your local court rules to see if it is your responsibility to schedule a hearing on your MTC.  Some courts will not do it on their own and until you schedule a hearing the MTC may never come up on the calendar.  If you are not required to schedule the hearing, then you continue to wait and prepare as you are doing.

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2 hours ago, fisthardcheese said:

Check your local court rules to see if it is your responsibility to schedule a hearing on your MTC.  Some courts will not do it on their own and until you schedule a hearing the MTC may never come up on the calendar.  If you are not required to schedule the hearing, then you continue to wait and prepare as you are doing.

I've looked through both my local the state trial law (which is based on the Supreme Court trial law) and found these:

Local law

Motions

A. Applicability. This rule shall apply to motions under Trial Rule 12, contested motions to continue hearings or trials, discovery motions, and any other contested motions. 

B. Briefs and Memoranda. Unless the procedure for a motion is governed otherwise by the Indiana Rules of Trial Procedure, an adverse party shall have fifteen (15) days after service of a motion in which to file a response, and the moving party shall have seven (7) days in which to file a reply. The court may in its discretion shorten or lengthen the time for a response or a reply. Failure to file a response or reply within the prescribed time shall subject such motions to summary ruling. Any party may request the court hold a hearing on a motion. 

C. Notice of hearing. If the movant procures a date for hearing on a motion, the movant shall promptly give notice to all adverse parties of the date and time of such scheduled hearing. 

 

PRA has made no move to respond, so I guess I can put in a request for a hearing but looking at the trail law I didn't/don't  have to????

 state law...

 TR 40:

(A)   [FN1] Rules for assignment of cases. The trial courts shall provide by rule for placing of actions upon the trial calendar:

(1)    without request of the parties; or 

(2)    upon request of a party and notice to the other parties; or 

(3)    in such manner as the court determines will expedite trials. 

Precedence shall be given to actions entitled thereto by any statute of the state, including hearings upon temporary restraining orders, injunctions and receiverships.

[FN1] This rule contains no subd. (B).

 

And I also found this TR 53.1

 

(A)   Time limitation for ruling. In the event a court fails for thirty (30) days to set a motion for hearing or fails to rule on a motion within thirty (30) days after it was heard or thirty (30) days after it was filed, if no hearing is required, upon application by an interested party, the submission of the cause may be withdrawn from the trial judge and transferred to the Supreme Court for the appointment of a special judge.

(B)   Exceptions. The time limitation for ruling on a motion established under Section (A) of this rule shall exclude any period after which the case is referred to alternative dispute resolution and until a report on the alternative dispute resolution is submitted to the court. The time limitation for ruling on a motion established under Section (A) of this rule shall not apply where:

(1)    The Court, within thirty (30) days after filing, orders that a motion be considered during the trial on the merits of the cause; or 

(2)    The parties who have appeared or their counsel stipulate or agree on record that the time limitation for ruling on a motion shall not apply; or 

(3)    The time limitation for ruling has been extended by the Supreme Court as provided by Section (D) of this rule; or 

(4)    The ruling in question involves a repetitive motion, a motion to reconsider, a motion to correct error, a petition for post-conviction relief, or a ministerial post-judgment act. 

(C)   Time of ruling. For the purposes of Section (A) of this rule, a court is deemed to have set a motion for hearing on the date the setting is noted in the Chronological Case Summary, and to have ruled on the date the ruling is noted in the Chronological Case Summary.

(D)  Extension of time for ruling. A judge may apply to the Supreme Court of Indiana to extend the time limitation set forth under Trial Rule 53.1, 53.2, or 53.3. The application must be filed prior to the filing of a praecipe with the Clerk under Trial Rules 53.1, 53.2, or 53.3, must be verified, must be served on the Clerk and all parties of record, and must set forth the following information:

(1)    The nature of the matter under submission; 

(2)    The circumstances warranting the delay; and 

(3)    The additional time requested. 

The withdrawal of submission under Trial Rule 53.1 or 53.2 or denial of a motion to correct error under Trial Rule 53.3 may not take effect during the pendency of the application for an extension of time to rule. However, if the time limitation expires while the application is pending before the Supreme Court, the jurisdiction of the trial judge shall be suspended at that point pending the action of the Supreme Court.

 

 So seeing as 30 days have come and gone do I still try and put in a request for a hearing date or do I wait?

 

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7 hours ago, Beann said:

Failure to file a response or reply within the prescribed time shall subject such motions to summary ruling. Any party may request the court hold a hearing on a motion. 

Your rules do not require you to request a hearing, but it does say that you have the option to do so.  Since PRA failed to response to your MTC, then I would be vigilant in watching their next step.  If they try to file an opposition late I would object and move to strike due to being outside the time limit.  The quote above from your local rules states that a summary ruling should be in order for your MTC since it is unopposed.  If this were me, I would give the court a little more time and see if they don't make that summary ruling in the next 30 days or so.

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  • 3 months later...

It's been a while since an update. MTC was granted. I mailed the JAMS paperwork in Jan via certified. Didn't hear anything back but knew sometimes it could take a bit to hear back. Call them to find out they never received paperwork only to find its lost in the mail. Received paperwork filing of an MTC from jdb to follow through with arbitration  and notice of compliance or for litigation to resume if I don't. :face palm:

so it looks like I have to resend everything all over again. And have it look with the court like I didn't file JAMS at all. I seriously can not believe this happened.

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10 hours ago, NormInGeorgia said:

Why would it  "look with the court like I didn't file JAMS at all" ??

If you mailed it via certified mail, then you have proof you mailed it, correct?   If it was lost, then the judge should allow you more time to re-send.  Or am I missing something?

^^ This.  Sending it certified gives you the proof you mailed it.  If PRA filed this notice with the court, then I might consider filing a notice of my own, showing your previous certified receipt, stating that you mailed it on XX date, but that upon followup found that JAMS never received it, so you sent another copy to file with them and show the new certified receipt.  I would just file that notice with the court so they don't think you just have been sitting around doing nothing with it.

If you didn't do so the first time, I would send a copy of the granted MTC along with my JAMS paperwork also.  And don't forget to copy PRA on the notice you file with the court.

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  • 2 weeks later...
On 3/21/2017 at 5:45 AM, fisthardcheese said:

^^ This.  Sending it certified gives you the proof you mailed it.  If PRA filed this notice with the court, then I might consider filing a notice of my own, showing your previous certified receipt, stating that you mailed it on XX date, but that upon followup found that JAMS never received it, so you sent another copy to file with them and show the new certified receipt.  I would just file that notice with the court so they don't think you just have been sitting around doing nothing with it.

If you didn't do so the first time, I would send a copy of the granted MTC along with my JAMS paperwork also.  And don't forget to copy PRA on the notice you file with the court.

I resent everything again  to JAMS as well as filed a notice of compliance. Pra received the notice but usps won't update tracking for JAMS. Called Jams today and they confirmed that they received my paperwork....the first time from earlier this year.  And that my demand is in the system. For some reason they couldn't find me before?  The Judge granted pra's motion to compel arbitration and now I have 30 days for JAMS to kick in and file a notice of compliance (not really sure how I'd do that again since I already did it) or it goes back to court. I'm going to try and see if I can get some sort of verification from JAMS that the paperwork has been received since USPS is not updating their system to verify. 

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23 minutes ago, Beann said:

I resent everything again  to JAMS as well as filed a notice of compliance. Pra received the notice but usps won't update tracking for JAMS. Called Jams today and they confirmed that they received my paperwork....the first time from earlier this year.  And that my demand is in the system. For some reason they couldn't find me before?  The Judge granted pra's motion to compel arbitration and now I have 30 days for JAMS to kick in and file a notice of compliance (not really sure how I'd do that again since I already did it) or it goes back to court. I'm going to try and see if I can get some sort of verification from JAMS that the paperwork has been received since USPS is not updating their system to verify. 

I would call JAMS again and let them know you never received your green card from USPS and would like either a commencement letter or notice of filing so that you may send it to the court to show compliance.  They should be able to send a letter to you as proof of filing.

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  • 2 weeks later...
On 3/29/2017 at 11:28 AM, fisthardcheese said:

I would call JAMS again and let them know you never received your green card from USPS and would like either a commencement letter or notice of filing so that you may send it to the court to show compliance.  They should be able to send a letter to you as proof of filing.

Update: I received my intent to arbitrate letter from JAMS today which states the fees each side has to pay (since I initiated I have to pay the $250 filing fee, they have to pay $1100)before arbitration commences. I plan on filing it with the court to show compliance. Since usps isn't doing a great job of tracking packages to this particular jams office I'm a bit weary of mailing off a check to them but I'm going to suck it up and send it anyway since I know they get packages/letters and just call them to confirm receipt.

 

This may be a bit off topic but the weird thing I find with the court agreeing to PRA motion to compel is that if I didn't check the court records online I would've never known and it would've ended up back in court. I didn't receive any letter/ notice like I did when my initial motion was granted. I find that pretty shady, especially for those who don't have constant internet access. Like I said, it's off topic but it's something that niggles at me.

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3 minutes ago, Beann said:

Update: I received my intent to arbitrate letter from JAMS today which states the fees each side has to pay (since I initiated I have to pay the $250 filing fee, they have to pay $1100)before arbitration commences. I plan on filing it with the court to show compliance. Since usps isn't doing a great job of tracking packages to this particular jams office I'm a bit weary of mailing off a check to them but I'm going to suck it up and send it anyway since I know they get packages/letters and just call them to confirm receipt.

Why can't you send it by certified mail, return receipt requested?

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3 minutes ago, BV80 said:
 

Why can't you send it by certified mail, return receipt requested?

I sent my initial arb package that way and the tracking showed that it was never delivered. I ended up filing a lost report and they couldn't find it. So I ended up sending it again and it STILL shows as it being on its way to be delivered. But after I called JAMS thrice I came to find out that they did receive my first arb demand package it's just the tracking never updated and I never received my green card...either time.

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1 hour ago, Beann said:

I sent my initial arb package that way and the tracking showed that it was never delivered. I ended up filing a lost report and they couldn't find it. So I ended up sending it again and it STILL shows as it being on its way to be delivered. But after I called JAMS thrice I came to find out that they did receive my first arb demand package it's just the tracking never updated and I never received my green card...either time.

What about FedEx?

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