small-town-girl

Initiate Arb before they sue?

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14 hours ago, small-town-girl said:

@BackFromTheDebt @fisthardcheese  Thank you for this helpful advice.  This gives me an idea of where to start.  :)   Would I send them my JAMS paperwork, or just let them know that I have filed a case with JAMS?  And if I file my case before they sue, can they still try to sue, or would their case be dismissed by a court if I show the court I have already filed a case with JAMS?

They will likely file in court anyway because they file cases 100s at a time in bulk and it is essentially a computerized automated system at this point.  However, like @BackFromTheDebt said, if they file in court after you already have an open arbitration case, they have violated the FDCPA and you can add this claim against them in the arbitration case for extra leverage in negotiating a good settlement (as in, a mutual walk away owing $0).

The JAMS rules and procedure to file a case requires that you serve copies of the JAMS Demand Form and the Card Agreement to the other side.  This is what I meant by sending the JAMS form to them in response to the attorney collection letter when that happens (along with the "DV" letter which should just state that you dispute the debt).  This is merely one strategy to use. You don't have to go this route.  You can simply send that DV letter and wait to see if they sue before dealing with JAMS.  If this gets to a JDB, then that is likely to work just as well, so it is up to you.

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4 hours ago, fisthardcheese said:

They will likely file in court anyway because they file cases 100s at a time in bulk and it is essentially a computerized automated system at this point.  However, like @BackFromTheDebt said, if they file in court after you already have an open arbitration case, they have violated the FDCPA and you can add this claim against them in the arbitration case for extra leverage in negotiating a good settlement (as in, a mutual walk away owing $0).

The JAMS rules and procedure to file a case requires that you serve copies of the JAMS Demand Form and the Card Agreement to the other side.  This is what I meant by sending the JAMS form to them in response to the attorney collection letter when that happens (along with the "DV" letter which should just state that you dispute the debt).  This is merely one strategy to use. You don't have to go this route.  You can simply send that DV letter and wait to see if they sue before dealing with JAMS.  If this gets to a JDB, then that is likely to work just as well, so it is up to you.

If the OP opens an arbitration case, doesn't he have to pay the $250 filing fee? 

Then if the other party doesn't pay its share of the fees, won't JAMS close the case?

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2 hours ago, BV80 said:

If the OP opens an arbitration case, doesn't he have to pay the $250 filing fee? 

Then if the other party doesn't pay its share of the fees, won't JAMS close the case?

Not with a Synchrony card agreement (or any agreement that says "they" will pay all your fees).  I just point this part of the agreement out in a cover letter to JAMS when I file and ask that the other side forward the consumer's filing fee directly to JAMS.  JAMS will then just bill the JDB.

If JAMS closes the case due to non payment (which is very likely) and then the JDB sues, it should still remain the same violation.  They will have had notice of the arbitration (many notices at this point) and would have to willingly ignore those notices in order to file the court case in the wrong venue.  It would require an MTC in court as usual, only you would have the added evidence that you already filed and did what you were supposed to and now you are asking the court to order the JDB to do what they are supposed to regarding JAMS.

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