fisthardcheese

Arbitration Overview and Strategy (2018 - Most Up To Date Info)

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On 3/3/2020 at 5:53 PM, Harry Seaward said:

There was a guy here that was sued by Discover.  He used JAMS and at the end, the arbitrator said the consumer was responsible for all of Discover's arbitration fees.  It went to an appeal, and the last update was that it was still pending a decision from the JAMS appeal panel.  That was over a year ago, and it's usually a bad sign when the OP doesn't come back to revel in their victory.  Especially one that was so intensely debated on the board.   You can read the discussion here.  It's very long and gets pretty far out into the weeds with analyzing the wording of the JAMS arb rules, but by the 4th page in, I was pretty sold on the idea that the JAMS rules seem to have a pretty significant gap between the "initial filing fee" and final award.  AAA is crystal clear that the company's arb fees can never be reallocated back to the consumer, with the exception being that the arbitrator finds the consumer acted in bad faith.  The problem with AAA is that they have a 'fast track' arb process wherein the company can have their entire case heard and settled for about $2,000, making it not a lot more expensive for them than using court.  It's up to the consumer to ensure nothing is getting 'fast tracked' by requesting hearings for anything that needs deciding by an administrator or arbitrator, and ensuring their arbitration rights are fully exercised.

 

The appeal continues but there has been a long continuance due to the Covid-19 situation. Once there is something definitive to report, I will do so. 

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9 hours ago, Thomas2 said:
 
 

The appeal continues but there has been a long continuance due to the Covid-19 situation. Once there is something definitive to report, I will do so. 

Thank you for checking back in. Please keep us posted. Best of luck!

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8 hours ago, Brotherskeeper said:

Thank you for checking back in. Please keep us posted. Best of luck!

I will. It has been a heck of a process. I am years into this. 

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On 5/20/2020 at 10:48 PM, Thomas2 said:

I will. It has been a heck of a process. I am years into this. 

I know someone who spent over 5 years and 3 different arbitration cases before eventually getting a mutual dismissal settlement with Citibank.

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1 hour ago, fisthardcheese said:
 
 

I know someone who spent over 5 years and 3 different arbitration cases before eventually getting a mutual dismissal settlement with Citibank.

    5 years????

  xjawdropx   

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13 hours ago, fisthardcheese said:
 
 

I know someone who spent over 5 years and 3 different arbitration cases before eventually getting a mutual dismissal settlement with Citibank.

It will be 4 years this fall so I can believe it!

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On 6/4/2020 at 10:35 AM, Brotherskeeper said:

    5 years????

  xjawdropx   

Yes, that case involved a full JAMS arbitration hearing perfectly using all of the tactics to slow it down and have several phone hearings over side issues, a full 3-arb appeal hearing, and then the person was able to get a stay placed on the court case filed by Citibank to confirm the JAMS award against them when new FDCPA and FCRA violations were discovered and asked the judge in the confirmation hearing to compel arbitration for the new violations. Once the new JAMS case was filed, THEN a settlement for mutual dismissal was achieved.  It was a rare case in that both sides were basically in a "nothing to lose" mentality by continuing the case for so long.  But it shows that as long as you can keep finding things to chip away at, and as you can show the courts the cases must remain in arbitration, or move to a new arbitration case, then you always have at least fighting chance.

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1 hour ago, fisthardcheese said:

the person was able to get a stay placed on the court case filed by Citibank to confirm the JAMS award against them when new FDCPA and FCRA violations were discovered and asked the judge in the confirmation hearing to compel arbitration for the new violations.

Wow. Going up against titan Citibank and never giving in or giving up. Amazing fortitude to go toe to toe for 5 years and win at the very last second.

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My wife is being sued by second-round sub in the Bowie County District Court of Texas. We have submitted our answer to the court and requested a signed copy of the original credit card agreement from the debt collector as well as mentioning that the original credit card agreement  and mentioned that arbitration is the proper forum resolution of this issue. It has been about two weeks and we still haven't received anything from the debt collector. Should we expect that they will provide that to us before there is a hearing?

Also, I am preparing to submit the motion to compel arbitration to the court. And looking at the sample motion to compel listed here, I'm wondering if there needs to be any sort of case numbers where there are blanks below? Any help here would be greatly appreciated. 

 

“Rent-A-Center, West, Inc. v. Jackson , 561 U. S. __?__, _?___ (2010) (slip op., at 3)”

“Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp. , 559 U. S. _?__, _?__ (2010)”

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On 7/6/2020 at 7:58 PM, hoping4better said:

Have anyone heard of Richard Evins or Chuck Douglas? Are they good lawyers?  Can anyone recommend a lawyer to use for  JBD lawsuit?

You can find a list of attorneys in your state who do consumer debt work here:

https://www.consumeradvocates.org/find-an-attorney

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Hello all,
Please forgive my English. I got notification of intention to incur court costs by filing suit from Portfolio recovery associates. The original creditor is Citibank and the balance was ~$4000. " I'm living in California. Am I able to file MTC ( Arbitration)  if I get sued by this JDB? I'm asking because the amount is under $7500, which will be filed in a small claim court. Also my credit card is Citi Dividend visa ( card member since 2011) and I'm not able to find agreements from the link below:

  https://www.consumerfinance.gov/credit-cards/agreements/issuer/citibank/

I skimmed Citi similar cards' agreements, like rewards cards, and there is a line :  "Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court."

Any help would be appreciated.

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Question: What are the chances Portfolio Recovery would refile a case after they got it dismissed without prejudice? That’s what happened with mine and I want to be ready for them in case they decide to try again. 
 

Also think they’ll try to sell it to another JDB? Amount was around $3800. 

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2 hours ago, ConfusedNewb said:

Question: What are the chances Portfolio Recovery would refile a case after they got it dismissed without prejudice? That’s what happened with mine and I want to be ready for them in case they decide to try again. 
 

Also think they’ll try to sell it to another JDB? Amount was around $3800. 

A.  Rare, but is occasionally happens. Usually if the case is dismissed, they don’t want to bother with it again. 
 

B. They might, but probably not.  There are some JDBs that will buy the almost impossible to collect debts, usually at a very steep discount.  Most of the time those new JDBs won’t sue, but some will.  
 

In other words, most likely this case is over with. But you can’t be 100% sure until the SOL has passed.  
 

One thing you need to be aware of:  

Many arbitration clauses say to use the laws of the state in which the card was issued, such as Delaware.  If the state in which the card was issued has a 3 or 4 year SOL, and your state has a 6 year SOL, there is a way to fight cases that come back from the dead after their home stare SOL has passed.  File in arbitration before they sue, and insist on using their SOL.  That worked for me once, although it was an enormous amount of work.  I also basically swamped their lawyer with paperwork he wasn’t really able to handle.  

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11 hours ago, ConfusedNewb said:

Question: What are the chances Portfolio Recovery would refile a case after they got it dismissed without prejudice? That’s what happened with mine and I want to be ready for them in case they decide to try again. 
 

Also think they’ll try to sell it to another JDB? Amount was around $3800. 

I was alleged to have owed a significantly lower amount on a credit card debt. It was under $600. How I handled Portfolio Recovery, and I am in Texas, is I knew they had used my consumer reports to obtain my phone number. Problem is, they kept placing robo-calls to my cell phone which there was never any express written consent provided to the alleged original creditor, or to any assignees or persons who purchased the debt. I sent a demand for $6,000.00 with the threat of suing for the calls made to my phone. I got a call from an attorney with them saying they'd delete the debt and place a block on their system to no longer place calls. So far, so good. It hasn't even been on my credit reports since then, nor have I received anymore calls or anything. So if they are calling you, it may be an option for you. In my case though my number had changed a few times since the alleged debt went into collections. You can't give consent for a number you didn't have and couldn't have foreseen yourself to have had. That's my thought anyway.

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I got one of my biggest victories by changing phone numbers back in the landline days, but that took some incredible malfeasance on the part of an OC.  Let’s just say illegal skip tracing can be detrimental to collecting from a savvy consumer.  

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On 8/16/2020 at 6:31 AM, ConfusedNewb said:

Question: What are the chances Portfolio Recovery would refile a case after they got it dismissed without prejudice? That’s what happened with mine and I want to be ready for them in case they decide to try again. 
 

Also think they’ll try to sell it to another JDB? Amount was around $3800. 

I recall hearing about exactly one (1) case that was refiled by a JDB in all of the cases talked about on this board.  Too many variables go into their formula to decide to sue again or not for us to have any idea.  But one thing is sure: You beat them once and now know the formula on how to do it.  If they sue again, you take then back to arbitration and make them run away again. 

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On 8/16/2020 at 7:54 PM, BackFromTheDebt said:

I got one of my biggest victories by changing phone numbers back in the landline days, but that took some incredible malfeasance on the part of an OC.  Let’s just say illegal skip tracing can be detrimental to collecting from a savvy consumer.  

TCPA cases have been VERY lucrative in my peak lawsuit days 😁

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How long do I have to serve the JDB by mail after filing my MTC in CA? Also, do I serve the JDB or the attorney? Was I suppose to attach a blank POS to my MTC? Thanks! 

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In the process, my JDB (midland) emailed me after receiving the initial demand for payment from JAMS and they're asking me to provide details about the alleged violation via email. 

In the demand, i left it vague as "“Violations of State and Federal Consumer Debt Collection Laws.” 

Should I respond to the email -- if so, what do we think would be an appropriate response?

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20 hours ago, DTLAPoor said:

In the process, my JDB (midland) emailed me after receiving the initial demand for payment from JAMS and they're asking me to provide details about the alleged violation via email. 

In the demand, i left it vague as "“Violations of State and Federal Consumer Debt Collection Laws.” 

Should I respond to the email -- if so, what do we think would be an appropriate response?

Do you have any actions they took you can point to?  If so, I would state that I intend to file a brief at the appropriate time outlining the XYZ violation.  I would then follow up with a settlement offer by stating that in the interest of further time and expense, I am willing to offer their client a mutual release and dismissal with prejudice of all claims by both parties.  I would set the expiration date for my offer as the same date payment to JAMS is due.

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10 hours ago, fisthardcheese said:

Do you have any actions they took you can point to?  If so, I would state that I intend to file a brief at the appropriate time outlining the XYZ violation.  I would then follow up with a settlement offer by stating that in the interest of further time and expense, I am willing to offer their client a mutual release and dismissal with prejudice of all claims by both parties.  I would set the expiration date for my offer as the same date payment to JAMS is due.

Well, the first thing that comes to mind is that the process server told me that he was a representative of Synchrony Bank -- which, to my knowledge, is inherently false because Synchrony isn't suing me. 

That, in itself, would be a violation of "(14) The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization." 

Source: https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text

Would you agree? Sorry if my question seems simple -- I just don't want to sound ridiculous to these people. They're like sharks and I don't want them to smell blood.

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11 hours ago, DTLAPoor said:

Well, the first thing that comes to mind is that the process server told me that he was a representative of Synchrony Bank -- which, to my knowledge, is inherently false because Synchrony isn't suing me. 

That, in itself, would be a violation of "(14) The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization." 

Source: https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text

Would you agree? Sorry if my question seems simple -- I just don't want to sound ridiculous to these people. They're like sharks and I don't want them to smell blood.

A process server is not considered a debt collector u dear the FDCPA.  See 15 U.S.C. 1692a(6)(D).  

Unless he engaged in abusive or harassing behavior, simply telling you that he represented Synchrony is a doubtful violation.  In addition, it would be your word against his.  

 

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4 hours ago, BV80 said:

A process server is not considered a debt collector u dear the FDCPA.  See 15 U.S.C. 1692a(6)(D).  

Unless he engaged in abusive or harassing behavior, simply telling you that he represented Synchrony is a doubtful violation.  In addition, it would be your word against his.  

 

I understand your point. As far as his word v mine, I have the whole interaction on video...but I get he's the server and not the debt collector. 

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