Mloske

Help needed ASAP!! Midland lawsuit Ohio

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@Mloske Below is a sample JAMS cover letter from Linda7's thread I linked to in a post above:

Here is a SAMPLE cover letter that would go "only" to JAMS.

March 26, 2012

 

JAMS Resolution Center

Address

Your Name

Your Address

RE: Demand for Arbitration

New Consumer Case Filing - regarding account number _______________(put an identifying account number something maybe used on a collection letter or if you're already in court and the case was stayed, use the court/case number to identify)

 

 

Dear Sir/Madam:

Enclosed please find an original of the Demand for Arbitration (plus one copy), along with proofs of service and two (2) copies of the entire contract naming JAMS as an appropriate forum.

This matter involves a Consumer Arbitration.

The parties in this matter are: YOUR NAME (hereinafter Claimant), and XXXXXXXX, XXXXXXXXX and XXXXXXXXX as Respondents.

Claimant is requesting full rules of evidence, and an in person hearing, to be held in my home town or within the federal judicial district.

Claimant also requests JAMS bill fees to Respondent per the terms of the agreement. **Only "if" it says that in the agreement!

A copy of the court order compelling arbitration, is also enclosed. **If you have already had your motion to compel granted and have a court order to arbitrate. If you are filing before the decision on your motion to compel arbitration, then you won't have a court order and would leave this sentence out.

 

If you should have any questions, please call me at XXX-XXX-XXXX.

Sincerely,

Your Name Typed

Edited July 28, 2012 by Linda7
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2 hours ago, Brotherskeeper said:

Looks like there's a difference of opinion on attaching the court order to compel to the JAMS filing. Some say yes; others say not necessary. 

When I filed my demand for arbitration with JAMS, I attached the court order and the contract that includes the arbitration agreement.  Better to be safe than sorry.

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I'm assuming the court will want to see some sort of evidence or signed document indicating the demand for arbitration was mailed to JAMS and Midland. 

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13 hours ago, Mloske said:

So how do I calculate what fees? The debt is 1186 for one and 821.04 for the second claim.. both from same law firm, both are midland, 2 different attorneys2A22A0C5-C6C6-431E-A36D-DF769B90755B.thumb.jpeg.392b638bf277264cb9f218026ac11da5.jpeg

Please edit your post.  

 

You realize you have just posted some personal information that shouldn't be on line?

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8 hours ago, LaneBlane said:

I'm assuming the court will want to see some sort of evidence or signed document indicating the demand for arbitration was mailed to JAMS and Midland. 

^^^^^

This.

 

In some cases, copies of the documents and a notarized statement that you mailed the documents is sufficient.  I used to stop by a bank close to the courthouse to get the stuff notarized.  Takes a few minutes.  

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16 hours ago, Mloske said:

@fisthardcheese any advice on these sections? How to I come up with an amount or even an estimated amount? Thank you!

I have covered all of these questions in the link in my signature below.

If you have no claims against them, then the amount in dispute would be the amount they are suing you for.

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3 hours ago, BackFromTheDebt said:

^^^^^

This.

 

In some cases, copies of the documents and a notarized statement that you mailed the documents is sufficient.  I used to stop by a bank close to the courthouse to get the stuff notarized.  Takes a few minutes.  

A CMRRR receipt usually will suffice for this.  Or a certificate of service page that certifies you served a copy to the other side by mail.

I also would definitely attach a granted MTC showing this is a court ordered arbitration case.

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4 hours ago, fisthardcheese said:

A CMRRR receipt usually will suffice for this.  Or a certificate of service page that certifies you served a copy to the other side by mail.

I also would definitely attach a granted MTC showing this is a court ordered arbitration case.

For JAMS, yes.

I was suggesting what the OP might want to prove to the judge that the stuff was mailed to the opposing party.  A CMRRR would be fantastic, if there is enough time.  It not, an affidavit is something that could be gotten to the courthouse TODAY

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Just now, BackFromTheDebt said:

For JAMS, yes.

I was suggesting what the OP might want to prove to the judge that the stuff was mailed to the opposing party.  A CMRRR would be fantastic, if there is enough time.  It not, an affidavit is something that could be gotten to the courthouse TODAY

An affidavit is fine too.  I was also talking about court.  Courts accept a certificate of service (not notarized) for all other filings, so I would assume this would be no different.  Additionally, the actual receipt for CMRRR shows you mailed the papers even if you don't have a green card showing they received it yet.

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Well, courts have closed for the day in Ohio.  

I just hope the OP got SOMETHING in today.  

If not, I would hope the OP gets everything into JAMS electronically by the end of the day, so as to be able to provide proof to the judge at a later time.  

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5 hours ago, BackFromTheDebt said:

Well, courts have closed for the day in Ohio.  I just hope the OP got SOMETHING in today.  

It would be a shame if they didn't.

Once your MTC is granted, you need to get your JAMS Demand for Arbitration sent out.  Even if you're pressed for time because of your work and personal responsibilities, there's no excuse for waiting until the last minute.  Not only can last minute work be sloppy, you're up against a deadline that can easily be missed due to a single hiccup.

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11 hours ago, BackFromTheDebt said:

Well, courts have closed for the day in Ohio.  

I just hope the OP got SOMETHING in today.  

If not, I would hope the OP gets everything into JAMS electronically by the end of the day, so as to be able to provide proof to the judge at a later time.  

JAMS does not have a means or allow electronic filing like AAA does.

If I miss a court deadline, I absolutely would file the very next day (or ASAP thereafter) and simply throw myself at the mercy of the court hoping they accept my late filing with apologies.

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Called the court house today and she said everything looks good and I met the deadline, contacted the JAMS resolution center and she said she received all documents that’s she needed and will contact me later this week.. I can breathe for a min! I ended up faxing and emailing all documents. 

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JAMS does have the  means of faxing as well as emailing.. I submitted my forms this way. The resolution center that you choose has information to fax and email 

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@Mloske Midland's attorneys just received notice to pay the $1500 filing fee in order to commence arbitration on its $821.04 claim. I think the ball is in their court for the moment, but let the members with knowledge advise.  Fisthardcheese or @BackFromTheDebt have experience in arbitration that I don't.

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Always plan for the worst, that's just my opinion. Its better to be prepared and not need it, then not be prepared and desperately need it. If its anything like my wife's case it will be dead silent for about 2 weeks. Midland will then send a letter withdrawing their case without prejudice. Hang in there and breath. Pretty much all of the hard work is done, as an arbitration clause in the contract is a thorn in the side for them. The methods and strategies laid out by Fist, flip the tables on an aggressive collection agency. It gets their attention real quick that your not just going to roll over, pretty much a solid slap in the face to most all JDB's.

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On 5/17/2018 at 5:06 AM, Mloske said:

Should I plan on showing up to the court house for the pre trial at this point?! I haven’t heard anything either way.. 😑 I’m not really sure what exactly I'm looking or hoping to to hear...

@Mloske  It may be a hassle to attend, but I don't see how you could fail to appear in court without good cause. JAMS sent a letter dated 4/24/18, informing Midland and you that Midland must pay the $1500 filing fee for arb to commence. Have they paid? Call JAMS and find out prior to the pre trial hearing. This would be important status information for the hearing. Midland can explain to the judge what action if any they've taken to comply with the court order to arb. When is the hearing scheduled?

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Show up. Bring all of your JAMS paperwork. Explain to the judge that Midland has not paid their part of the filing fee and has stalled the arbitration case.  Let Midland have to explain why to the judge. 

There is a chance that Midland will ask to dismiss the case at this hearing.  If they do, I would ask for a dismissal with prejudice.

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Who sent this letter and who is Ms. Tanaka?

I would expect to settle for a mutual dismissal with prejudice.

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