fisthardcheese

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

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I filed my arb with AAA on 11/04/2020. Today I received a call & email from Midland Funding's attorney. See below email....

Good afternoon,

I have been authorized to discuss resolution of this matter, Case #xxxxxxxxxx. You may reach me directly at my mobile number, 858-204-xxxx. Alternatively, you may let me know if you have an offer for settlement. I have also left a voicemail for Mr. XXXXX at the number provided in the pleadings.

Thank you, and I look forward to hearing from you.

What should I do? Do I call back or reply back via email? What do I say? I'm excited and nervous 😬

 

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5 minutes ago, Csimp said:

I filed my arb with AAA on 11/04/2020. Today I received a call & email from Midland Funding's attorney. See below email....

Good afternoon,

I have been authorized to discuss resolution of this matter, Case #xxxxxxxxxx. You may reach me directly at my mobile number, 858-204-xxxx. Alternatively, you may let me know if you have an offer for settlement. I have also left a voicemail for Mr. XXXXX at the number provided in the pleadings.

Thank you, and I look forward to hearing from you.

What should I do? Do I call back or reply back via email? What do I say? I'm excited and nervous 😬

 

Don't know why you would be excited. They are asking if you have a settlement offer basically is all they are doing. So now you negotiate. If you have any counter claim that would hold water bring that up. Is this in court? You were asked by fisthardcheese if you were sued and didn't reply. So not sure what "case#" implies. I would assume you are being sued?

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15 hours ago, alwayswinning36 said:

Don't know why you would be excited. They are asking if you have a settlement offer basically is all they are doing. So now you negotiate. If you have any counter claim that would hold water bring that up. Is this in court? You were asked by fisthardcheese if you were sued and didn't reply. So not sure what "case#" implies. I would assume you are being sued?

@alwayswinning36 Well I was excited because they are willing to settle & hopefully I can get a dismissal out of it. But you killed that! LOL 😆 Yes they did sue me & I did a MTC & judge approved so I filed arbitration. Yesterday was my first call from Midland’s attorney. So I’m not sure if I should call or email them back? Would email be better to keep a record of correspondence? I’m my response can I straight out ask for a dismissal? Thank you for your responses & honesty. Any help is appreciated. 

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28 minutes ago, Csimp said:

@alwayswinning36 Well I was excited because they are willing to settle & hopefully I can get a dismissal out of it. But you killed that! LOL 😆 Yes they did sue me & I did a MTC & judge approved so I filed arbitration. Yesterday was my first call from Midland’s attorney. So I’m not sure if I should call or email them back? Would email be better to keep a record of correspondence? I’m my response can I straight out ask for a dismissal? Thank you for your responses & honesty. Any help is appreciated. 

I did most, but not all, negotiating by emails.  
 

Sometimes phone or snail mail.  
 

Email is almost as fast as phones, and preserves a paper trail.  Less misunderstanding that way.  

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On 11/16/2020 at 5:33 PM, Csimp said:

@fisthardcheese Ok, so I went ahead and sent an email asking for a mutual dismissal. He replied quickly saying agreed and sent this to me to sign! I'm no attorney and there is a lot of wording in this! Does anything stick out to you guys that I should be worried about? Thank you for the help! 

Mutual Release.pdf 273.5 kB · 8 downloads

That is a perfect settlement agreement.  The best you can get.  I would sign that and return it immediately.  Congrats!

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@fisthardcheese @alwayswinning36 Hello again! I emailed back the signed agreement for a mutual dismissal to the JDB attorney on 11/18/2020. Today I checked the court docs and he has not submitted it to the court. I was waiting on that dismissal to be filed with the court before I dismiss the arbitration case. Any thoughts or suggestions on what I should be doing at this point? It's been almost 2 weeks. Thanks again! 

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On 12/1/2020 at 4:44 PM, Csimp said:

@fisthardcheese @alwayswinning36 Hello again! I emailed back the signed agreement for a mutual dismissal to the JDB attorney on 11/18/2020. Today I checked the court docs and he has not submitted it to the court. I was waiting on that dismissal to be filed with the court before I dismiss the arbitration case. Any thoughts or suggestions on what I should be doing at this point? It's been almost 2 weeks. Thanks again! 

I would send an email to the AAA/JAMS stating that both parties have reached a settlement agreement and that you are moving to dismiss all claims with prejudice.

There is an agreement in writing.  The order at this point doesn't matter.  Give them a reasonable time to dismiss with the court.  Your email to the arbitration firm with the attorney copied may serve as a reminder for them to file their dismissal.  Your copy of the settlement agreement is your back up.  If they don't hold up their end of the agreement, you take it to court and ask the judge to enforce the settlement agreement.  It won't come to that.  You just must be patient.

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On 1/3/2021 at 10:57 AM, admin said:

Here is some more information on arbitration:  https://www.creditinfocenter.com/legal/credit-card-arbitration.shtml

Whomever Kristy is, she may want to copy/paste more of my stuff into her article to make it less problematic for people using this method in a lawsuit.

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2 minutes ago, fisthardcheese said:

Whomever Kristy is, she may want to copy/paste more of my stuff into her article to make it less problematic for people using this method in a lawsuit.

@fisthardcheeseKristy is me.  And I'm creating a whole new article with your methodology quoted from this forum.  

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1 minute ago, admin said:

@fisthardcheeseKristy is me.  And I'm creating a whole new article with your methodology quoted from this forum.  

I would not suggest anyone file with JAMS or AAA until their Motion to Compel Arbitration is granted by court.  The ONLY exception to this is if they have one of the Credit One card agreements that state small claims does not apply to the arbitration agreement.  Then, if they can file the arbitration case before a suit is filed in small claims court, it can help them.  Otherwise it causes more headaches than it's worth to file before a granted MTC.

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5 hours ago, fisthardcheese said:

I would not suggest anyone file with JAMS or AAA until their Motion to Compel Arbitration is granted by court.  The ONLY exception to this is if they have one of the Credit One card agreements that state small claims does not apply to the arbitration agreement.  Then, if they can file the arbitration case before a suit is filed in small claims court, it can help them.  Otherwise it causes more headaches than it's worth to file before a granted MTC.

Noted.

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So I followed these steps and now I have to strike arbitrators as Discovers lawyers have paid the fee. Do you have any good links breaking down the Arbitration process? Pretty much out there flapping at the moment. Lol.

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18 hours ago, IrishNick said:

So I followed these steps and now I have to strike arbitrators as Discovers lawyers have paid the fee. Do you have any good links breaking down the Arbitration process? Pretty much out there flapping at the moment. Lol.

It's pretty much all laid out here in this thread.

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Hi this forum has saved me from so much anxiety! Thanks! I am about to file for arbitration with FAA and I’ve already been in this lawsuit during covid which the original hearing had been cancelled and postponed Twice. So the newest setting This month now,have 16 days before the online hearing. Which should have taken place last February. I don’t know if my Motion to Arbitrate will be in in time! So I can bring it up during the hearing and I was going to file with FAA before so at the hearing I can say I already filed. Will that be a bad thing or a good thing? I’ve already had the Court Answer to which I denied owing the amount Velocity says I owed from 2015. Which they are asking for the full 10k which I made payments on and I know I don’t owe the full amount. When I ask them about their validation they say they bought my loan for 10.4k and want it all. So I feel I should fight that. I’m thinking arbitration might be better for me. Any thoughts or advice?

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I won a MTC for arbitration. The suing party motioned to dismiss WITHOUT prejudice. As I understand it, I am still under court order to demand Arbitration. Do I file my demand and other paperwork (Demand form, Court Order, Cover letter, and notice of service) with the clerk of court that granted the motion to compel? Or do I just send a copy with 'Notice of service' to AAA and the legal team who asked for the dismissal?

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