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FL Amex FSB Served - Arb Questions


ernie1
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Live in FL served by Amex FSB for 17K.  Followed Linda7's post for response (thank you!).  Did not send letters electing arbitration to the creditor and their attorney since I waited to respond to Summons with one day left.  Filed MTC electing JAMS, my Affidavit of a 2011 Agreement, and court order for arbitration with court and sent copy to plaintiff attorney.   It's been 30 days with no response from the court.  

Should I keep checking for response from the judge or fill out the JAMS form, send to both creditor and attorney, and file with court ahead of time showing I am serious given my intentions below?

My goal is to delay (3-6 months) this process to liquidate assets after divorce and then file for BK.   I have another summons out there by same creditor different card for over $20K but they haven't served me yet because I was moving.  They elected to change the venue to a neighboring county even though I don't live in that county.   When they try to serve me again and realize I am in the original county of residence will the sheriff still be allowed to serve me or will they have to change it back to my county of residence prior to servicing?

Thanks!

Ernie

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In my situation I went ahead and filed JAMS case and sent my $250 to get ball rolling.  Filing with JAMS shows you are serious. When you filed with the court did you request a hearing on the MTC? It doesn't happen automatically.

Arb can take well over a year plus you get the chance to appeal the first hearing when it doesn't go your way. Great strategy when you have the BK card in back pocket.

Which law firm? Zwicker? Modlin?

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