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I WON in Florida! Thanks to shellieh98!!


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If you have a case in Florida, the moment you litigate you forfeit your right to request your case to go to JAMS arbitration.

1. This regarding a credit card debt totalling $20k or so.  Citibank issued it.

2. A junk debt buyer, PYOD LLC, had its attorney file a suit three months or so before the statute of limitations expired.  Suit was filed August of 2015.

3. I came here and read alot.  You will know here that, in the state of Florida, answering interrogatories would make you forfeit your right to private arbitration.

4. I had two options: litigate or ask the judge to have case moved to privrate arbitration via JAMS.  I requested JAMS and made an appointment for hearing on motion to compel private arbitration.  The attorney meanwhile sent me interrogatories.  I answered each with a statement that the case is awaiting a judge's order to move case to private arbitration and presevered the right in the future to answer them.  I didn't fall into his trap.

5.  The judge granted the motion to comel private arbitration.  The stipulations were written by the attorney and signed by the judge.  It said I had 45 days from the order date to file and PAY the JAMS fee.  I send the demand form first.  I sent payment four days before the 45-day time limit expired.  The envelope was returned with "unable to forward." Ouch. However, the address was correct.  I sent payment in a new envelope (and kept the old one) after the 45-day period.  

6. The attorney tried to dismiss the case on a technicality that I had not paid on time.  Therefore he filed a motion for default stating I did not keep the agreement. 

7. At the motion to dismiss hearing, the judge was satisfied that I already had a case number and caseworker assigned. Always keep your paperwork.  She wasn't too interested in time of payment. She said that JAMS has its own invoicing system and that I had made a good faith effort to pay. I showed her the envelope and two proofs that the address was correct. Although they were not needed, they added strength to my argument.  Motion for default denied.

8. JAMS sent a final invoice to attorney for payment. He declined.  The JAMS case is closed.

9. The court case is still not closed. However,  I can ask the judge to close it as the attorney is obviously very ticked that I won because of shellieh98.  The statute of limitations expired.

Thank you Shellie. I didn't need an attorney. I needed an angel.  

 

 

 

 

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Your earlier threads:  Good job!

 

:Request for Default Judgment--JAMS case open!! - Arbitration - Credit ...

www.creditinfocenter.com/.../327977-request-for-default-judgment-jams-case-open/
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Jul 20, 2016 - Credit InfoCenter Forums ... Started by anebturia, July 20 .... @anebturia So did the attorney agree to withdraw his Motion for Default? You did ...

Being sued by PYOD LLC JDB Pasco County, Florida - Is There a ...

www.creditinfocenter.com/.../326724-being-sued-by-pyod-llc-jdb-pasco-county-flori...
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  2.  
Oct 13, 2015 - Started by anebturia, October 13, 2015 .... http://www.creditinfocenter.com/community/topic/326696-sued-by-lvnv-credit-one-bank-in-oklahoma- ...
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  • 2 weeks later...

Cheese,

It's time to go on the offense:

1. I have filed a motion to dismiss/motion for sanctions.  Sanctions in Florida are available for 1) unsubstantiated claims and 2) unnecessary delay.  Florida law now allows for sanction motions to be brought up at any time.  The damages available are quite expansive.  The attorney refused to close the case, causing  unnecessary delay. Right now the law is new and overly broad.  I think the judge will just demand the JDB to pay my JAMS fees only.

Regarding unnecessary delay:   The attorney has kept the case open for no legit reason.  Why?  Because he said that while the Stay gave me the order to initiate JAMS, it gave the JDB no obligation to engage in JAMS at any time!   I told him that the judge would never allow another pointless hearing to go on with this idiotic defense for keeping the case open. 

2. I am going to file a complaint with the Florida Bar for abuse of the legal process.  I'll look into Florida Bar punishments and see what kind of precedents they have set. With the BAR complaint I think the key is to frame the complaint carefully, and with an eye on Bar guidelines. No matter what, I assume a BAR complaint is not something he'll want to have over his shoulder.

 

 

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Newsflash: The attorney emailed me and said that, after (pretending to) talk to his client, he received news that the client (the JDB) has determined that it will not "proceed with abritration" and voluntarily dismiss the case.

But JAMS already closed the case due to non-payment! Go figure.

If anyone in Florida is going through stuff like this, please be informed that you WILL be lied to.  It's a mind game.  

The clincher was my telling him that I was going to file a complaint with the Florida Bar.  Apparently Bar complaints are something attorneys don't want to deal with.

Now begins PART TWO: The Defendant Fights Back, by asking forsanctions by the court, by the judge, and by the Bar.

 

 

 

 

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