Joopsman

Sued by Cavalry in Oregon - considering JAMS arb

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27 minutes ago, Joopsman said:

Per the credit card contract, THEY are to begin the process with JAMS. 

Yep. That's what I said at the end there. 

28 minutes ago, Joopsman said:

If they don't, you think after 60 days, she should file a motion to dismiss?  I haven't seen what the court order says exactly yet so I don't if there is a time limit stated there or not.

If there's no limit set by the court, this is how I would play it. Give then enough rope to hang themselves. 

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17 hours ago, Joopsman said:

Motion to compel arbitration was granted.

Per the CCA:  "If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other party files a motion with the court to compel
arbitration, which is granted, it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding."

So I guess she waits to get a response from them.

How long do they have to begin the process?

If they fail to commence arbitration within an allotted time, will the case be dismissed?

What did the Judge say, though?  Even though the contract says THEY are supposed to file, I would not be messing around with this.  Even if they judge did not specify who should file, the fact is that YOU asked the court for arbitration and YOUR motion was granted by the court.  The judge may not like you coming back and saying that THEY did nothing to start arbitration on a motion YOU asked for.

You have a GE/Synchorny card agreement.  I would consider it pretty foolish to sit around and do nothing after my MTC was granted.  Filing a case in JAMS is easy. I even detailed the steps in that arbitration link in my signature.  It costs you nothing.  If this were me, I would be filing that thing today and not playing around just because of the contract language. Why would you want another round of arguing the contract detail in court?  The only time I would want to go back to court is to get my copy of Cavalry's dismissal with prejudice.

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13 hours ago, Harry Seaward said:

If there's no limit set by the court, this is how I would play it. Give then enough rope to hang themselves. 

Yeah, but in this case you don't want to be caught pulling on your rope when the judge walks in and asks what you are doing.

There is absolutely no reason in this instance to take any extra risk.

 

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1 hour ago, Joopsman said:

Wife filed case with JAMS last week.  What is the next move?  I assume we will hear from JAMS and JDB will not pay fees and case will be dismissed within 30 days and we move to dismiss in court?

It's going to take much longer than 30 days.  Just sit and wait to see what the JDB does.

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18 minutes ago, Joopsman said:

It has been over two weeks since sending the demand for arbitration to JAMS.  How long do they typically take to respond?

Did you receive notice that they received your paperwork? They notified me rather quickly via email when they received mine and assigned a case # and case manager. They mentioned the case manager would contact me a week later, but I did not receive anything until today (consumer arbitration notice), which is about 2 1/2 weeks since they received. 

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25 minutes ago, Joopsman said:

Nothing received from JAMS.  No email or letter.

Did you send via CMRR? If you can verify they received it, I'd give the branch a call. If not, resend with CMRR. 

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Don't forget that you filed a motion, so the court will want to see proof that you took the steps to file with JAMS. Make sure you keep all the documents you receive from JAMS so you can show to the judge next time you are in court (I'm not 100% sure if you have another court date assigned or not).

However, next step is to wait, and you'll receive an invoice from JAMS to pay the $250 if you haven't done so already. I assume that the attorneys will be reaching out to you soon with an offer to settle.

In my case the attorneys took about a week to respond with an acceptance of my initial settlement offer which they rejected the first time around. However, with the JAMS beginning to roll and invoice from JAMS sent out, I rejected that offer and countered again with a lower offer and we reached a settlement agreement. Cannot say this is how it will turn out for you, but you are going the right direction! Keep it up!

 

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42 minutes ago, Joopsman said:

This language is in the notice of intent to initiate arbitration from JAMS: "Under appropriate circumstances, the Arbitrator may award JAMS fees and expenses against any party."

Is this new?

It's not new.  That language has been in that notice for years.  At least since 2014.

 

42 minutes ago, Joopsman said:

Is JAMS able to award a judgment that goes against the CCA arbitration clause?

Read all of this thread and decide for yourself.

Your agreement contains the following language about costs:

Quote

If you ask us to, we will pay all the fees the administrator or arbitrator charges, as long as we believe you are acting in good faith. We will always pay arbitration costs, as well as your legal fees and costs, to the extent you prevail on claims you assert against us in an arbitration proceeding which you have commenced.

Evaluate for yourself whether or not the above language, taken together with the JAMS rules and standards, would prohibit an arbitrator from including JAMS fees and expenses in an award against you.  Also review the FAA, and perhaps applicable Utah state law.

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Whether you or they initiate, your upfront costs, and your costs up until any award is issued, will at most be $250.

The language you quoted from the "intent to initiate" notice isn't about upfront costs or costs while the arbitration is ongoing.

It is about whether the total cost of the arbitration, regardless of who paid what upfront or along the way, can be shifted to another party as part of the final award at the end of the arbitration.

Read all of the linked thread.  It has the most recent information.

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10 hours ago, Joopsman said:

The JDB is actually required to initiate the arbitration per the credit card agreement.  It is very specific:  "If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other party files a motion with the court to compel arbitration, which is granted, it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding."

An Order to Compel Arbitration has been granted in this case so the JDB is clearly responsible for filing the arbitration case.  Perhaps we jumped the gun by filing with JAMS before them.

Yes the language is clear, but like I said before, why would you want to go back to court and argue to the judge about the language in the contract and who should file, when you can easily do it for free and it doesn't change the outcome of your case at all?  It seems like needlessly taking chances to me to have to keep going back to court over silly arguments.

JAMS has accepted your case now,  just wait for the JDB to balk at their incoming bills and not meet the deadlines.  If/when JAMS closes the case due to non payment, THEN go back to court armed with proof that you not only did what you were supposed to, but you did MORE than you were supposed to by filing the case yourself, but that the JDB refused to follow the court's order.  It's a much better compelling argument to make than "yeah but they are supposed to file the paperwork not me".

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35 minutes ago, Joopsman said:

The contract clearly says that they (JDB now) will pay ALL fees for arbitration.

It says they will if you ask them to, and they believe you are acting in good faith. Have you asked them to pay your $250 fee? Have they said they believe you are or are not acting in good faith? 

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I would send my written objection by email.  In my objection I would cite the contract and then point out where I followed the contract by asking them to cover my fees.  The JAMS admin will not rule on this and I would expect them to say that you must pay to move the case forward and that the arbitrator can make the decision on if the JDB should reimburse you for the $250.

I would pay the $250 if JAMS says this so that you are not the one in violation of the court ordered arbitration.  However, the JDB has just make it more expensive by $250 for them to settle with me later when they get their second $5k bill from JAMS and want nothing more to do with it. Instead of a mutual walk away, my first offer would be at least $250 to me plus dismissal with prejudice in exchange for a dismissal with prejudice of my arb claims.

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20 minutes ago, Joopsman said:

Offer of mutual release and dismissal with prejudice was made by JDB.

Did not pay the JAMS filing fee but made a formal request to JDB to have them pay as that is offered in the arbitration agreement in the contract.

Perfect!  Well done.

After you both sign the final settlement, you can send an email to JAMS saying you are withdrawing your arbitration demand due to a settlement between the parties.  I would also follow up to make sure they file their dismissal with prejudice in a reasonable time.

Congrats!!

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