SkyStillSunny

I have to pay the Arbitration filing? Only AAA allowed (Best Buy)

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Does anyone know if JAMS will refund if the other party decides to drop the case?

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On 1/2/2019 at 11:15 PM, SkyStillSunny said:

Does anyone know if JAMS will refund if the other party decides to drop the case?

If you are the Claimant, they can not drop the JAMS case without your permission.   If you have a granted MTC order in place, they can not dismiss the court case without your stipulation. 

JAMS does not refund the filing fee.   Therefore, you use this leverage to get a settlement that states you will drop your arbitration case against them in exchange for a dismissal with prejudice of the court case and a payment of $250 for your costs. 

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On 12/30/2018 at 9:20 PM, SkyStillSunny said:

JAMS send me an invoice for the $250, so I guess I'll have to pay that? I have to go back to court in a few weeks, so I'll have to show that I've done my part of the arbitration, right?

Did you respond with an objection to paying the fee and pointing to the language in the card agreement stating that PRA agrees to pay all arbitration fees?

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Hi @fisthardcheese, I actually did not object because the language in the card agreement states this:

Quote

We will pay your share of the arbitration fee for an arbitration of claims of $75,000 or less if they are unrelated to debt collection. Otherwise, arbitration fees will be allocated according to applicable AAA rules.

However, since I filed w/ JAMS I'm assuming I'll have to pay my portion of the $250 since this is related to debt collection?

PRA has yet to respond, and we go back to court on this soon and I'll have to show the judge that I have kept up my end of this process.

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20 hours ago, SkyStillSunny said:

Hi @fisthardcheese, I actually did not object because the language in the card agreement states this:

However, since I filed w/ JAMS I'm assuming I'll have to pay my portion of the $250 since this is related to debt collection?

PRA has yet to respond, and we go back to court on this soon and I'll have to show the judge that I have kept up my end of this process.

Did JAMS respond to your objection?

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Yes @fisthardcheese, they responded today. Here is what they said:

Quote

You can contact the Respondent and see if they are willing to pay the filing fee.

 However, in order for this case to proceed, both sides must agree, in writing, to arbitrate this dispute with JAMS. This is required because JAMS is not listed in the parties’ contract. So, if the Respondent does not agree to arbitrate with JAMS, JAMS will be unable to move forward with this matter.

I am going to respond that I want to dispute it with JAMS, but I doubt if I contact PRA that they will agree to pay the filing fee.

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On 11/17/2018 at 1:03 AM, fisthardcheese said:

JAMS should accept the case eventually because they take consumer cases either with a contract or with the agreement of both parties (last time I checked), so since PRA has agreed, JAMS should accept.  But since OP has nothing in writing from PRA or the court, they will have to just open the JAMS case and send a cover letter explaining that PRA has agreed to this consumer case in place of AAA due to legal issues between AAA and PRA.  JAMS will probably email the attorney to confirm before commencing. 

I predicted this very thing 2 months ago ^

I would continue exactly as JAMS has stated.  I would reply to ALL including PRA and JAMS on your email and addressing your email to the PRA attorney I would remind him that on XX date, he stipulated to the Court of XX that his client agreed to JAMS arbitration.  I would ask him to verify to JAMS that they (PRA) agree to continue this case in JAMS and that they will be adhering to the contract by forwarding the consumer portion of the filing fee.

Let him respond to that. 

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You have been spot on with everything. I don't have an email for PRA, so I have to send via certified mail. We'll see what they respond. However, we go back to court so not sure if the attorney will get the letter before we meet in court yet again.

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9 hours ago, SkyStillSunny said:

You have been spot on with everything. I don't have an email for PRA, so I have to send via certified mail. We'll see what they respond. However, we go back to court so not sure if the attorney will get the letter before we meet in court yet again.

You can't find an email address for the attorney on record who showed up to court?

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No, I wish I did. They have no email addresses on any of the paperwork I have from that attorney. I even tried to google search him, and although I can find some law credentials there is no email associated with him. 

Should I mail anyway or hand deliver in court?

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15 minutes ago, SkyStillSunny said:

No, I wish I did. They have no email addresses on any of the paperwork I have from that attorney. I even tried to google search him, and although I can find some law credentials there is no email associated with him. 

Should I mail anyway or hand deliver in court?

Is there an general email address for the firm?  You could send it c/o in the subject line.  I have had to do that once or twice in previous cases. 

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@thomasp this is the email I have for PRA - PRACustomerCare@portfoliorecovery.com, however, I doubt that it would ever make it back to my specific attorney. Have you done that where it's actually been communicated to the specific attorney?

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@SkyStillSunny Do you have an attorney name and/or bar number on the summons and complaint? If so, you can enter the name in the Georgia bar member directory. If the attorney is a member of the Georgia bar, the name should be listed. Click on it to get all the contact info and any disciplinary action. 

https://www.gabar.org/forthepublic/index.cfm

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12 hours ago, SkyStillSunny said:

@thomasp this is the email I have for PRA - PRACustomerCare@portfoliorecovery.com, however, I doubt that it would ever make it back to my specific attorney. Have you done that where it's actually been communicated to the specific attorney?

You would need the general email address for the law firm, not the JDB.  When I have referenced the attorney name as c/o in the Subject line, yes, it has reached the lawyer who then responded.  

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I usually google the law firm and use the mail email address from their website if I can't find the specific attorney's email address.  But if none of the suggestions above work, I would send a certified mail as you were planning to do, just so you have proof for court (if it is ever needed) that you are doing everything you can to get this arbitration started.  In the letter you send certified, I would include my email address and tell them they may respond to you by email.

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UPDATE: Went to court AGAIN (this is probably my 4th time on this same case). I had the same PRA attorney show up (he's not with a firm I learned, he's an attorney from PRA), but this time I had a different judge. This is what happened.

Our case was called, and immediately the PRA attorney tells the judge that he did receive the JAMS application from the defendant (me), but that I did not pay my filing fee so that I am stalling the arbitration process. I then told the judge that I was not going to pay the filing fee because the plaintiff has yet to send JAMS a written confirmation that they agree to the terms and conditions for the JAMS arbitration process, because JAMS will not proceed with the case without it. Then he goes on to say "what is she talking about, I never got anything from JAMS or heard anything from them at all!!" He tells the judge that I should have sent him that information, and wants to see what I was sent. The bailiff makes a copy of my docs from JAMS, and gives it to him. He looks at it and says, "judge this address is 3 years old. I never got any of this." 

Anyway, he was so aggressive and whiney, but the judge allowed another 60 day continuance! I have to give the PRA attorney the JAMS contact info and case manager info within 10 days, and the judge said that we have to meet back in 60 days to see where the arbitration process is. The PRA attorney tells me, "If you give me the email, I'll send them a note write now to confirm the arbitration process."

UGHHHH. So does this mean that they are adamant on going through with arbitration? Any ideas on where I should go from here?

I was planning on sending a CMRR for all the JAMS stuff I received as well as the contact info for them today. Then I was planning on trying to object on paying my filing fee (however, I don't know if I have any grounds on that bc the cc agreement says they will pay up to $75,000 unless it is related to a debt collection). So I guess I'm stuck paying the consumer fee, but is this PRA attorney for real? He's going to confirm and proceed w/ arbitration? Has anyone ever had this happen... please help.

P.S. I did try my best to get the judge to sign my order for MTC arbitration, and the attorney tried to tell her it was unnecessary, but she said that she would sign it... well she didn't use my template, and signed a different order just stating that we are to meet back in 60 days, and I am to send the info to the PRA attorney. NOT my MTC. Uggg.😩

 

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Another update:

The case manager for the JAMS case emailed both me and PRA and sent us both invoices. Mine was for $250. PRA was for $1250. The attorney for PRA responded back that they were not paying for any of the filing fee and that I was to pay 100% of it. The case manager responded to that with: According to consumer rules, the most I can pay is $250, and that if the respondent does not wish to proceed with the matter, then the case will be closed and we will be sent letters.

I'm guessing this PRA attorney knows nothing about JAMS and what this would mean for them...

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That's a new one. I suspect he knows exactly how all of this works and is trying to bamboozle the judge into thinking that you tried JAMS and now it's back in court. It's like they are doing anything to bypass/derail an MTC, which is what you need. I suspect that you will have to pay your $250 in order to demonstrate to the judge that it's they that refuse to arbitrate per terms of their own contract.

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On 1/18/2019 at 11:31 AM, SkyStillSunny said:

UGHHHH. So does this mean that they are adamant on going through with arbitration? Any ideas on where I should go from here?

No, all it means is that the attorney is trying to scare you and make you think they will go all the way with this.  Just call their bluff.  I say this all the time, all over the site.  YOU ARE NOT BLUFFING.  You WANT arbitration.  You must continue as if you are perfectly confident in going all the way through with the arbitration case.  Continue following the steps until they cave.  We don't know when it will be, but the one thing we know, there isn't a JDB yet who has gotten a final award against a consumer so the odds are wildly in your favor.

On 1/18/2019 at 11:31 AM, SkyStillSunny said:

Then I was planning on trying to object on paying my filing fee (however, I don't know if I have any grounds on that bc the cc agreement says they will pay up to $75,000 unless it is related to a debt collection).

Did you file the JAMS case with violations against PRA without mentioning the debt?  If you did this, as I usually suggest, then your JAMS case is NOT related to a debt collection.  HOWEVER, that point is now moot since JAMS sent you an invoice for $250.

On 1/18/2019 at 1:36 PM, SkyStillSunny said:

The case manager for the JAMS case emailed both me and PRA and sent us both invoices. Mine was for $250. PRA was for $1250. The attorney for PRA responded back that they were not paying for any of the filing fee and that I was to pay 100% of it. The case manager responded to that with: According to consumer rules, the most I can pay is $250, and that if the respondent does not wish to proceed with the matter, then the case will be closed and we will be sent letters.

🤣🤣  This attorney is a trip!  If this were me, I would file the $250 immediately with JAMS and retain all documentation of such.  Once you pay and JAMS send PRA their "final warning" to pay up - which could be 60 days from now - you will be the one sitting in a very good position going into your next hearing and the attorney will know it.  I can not imagine he will want to go into that next hearing in this position, which means they will probably ask for a settlement.  Remember you are the one coming at this from a position of power now (as soon as you can prove you paid the $250).  Use that negotiation power to get a dismissal with prejudice and your $250 paid back to you.

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Yes, I did file the JAMS case without mentioning the debt, but JAMS still sent me an invoice. I will send my check in for $250 and retain all the documentation. Should I send PRA a CMRR that I sent in the filing fee?

I emailed the case manager and the attorney that I would be willing to pay my portion of the $250, and asked the PRA attorney to please pay their portion of the filing fee according to the JAMS rules so that we may proceed with the arbitration.

The attorney emailed back, and this is what he said. 

Quote

The judge specifically instructed the defendant to pay the full filing fee in this matter as she is the one who wanted this arbitration.  She understood this and agreed to it.  Unfortunately, this matter will need to be put on hold until we have yet another hearing in front of the judge. 

So he's going to try to argue that I need to pay their $1250 portion of the filing fee! I never said that in court. I said that I would pay my filing fee once he sent his written communication to JAMS that we can arbitrate. That's all.

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55 minutes ago, SkyStillSunny said:

Yes, I did file the JAMS case without mentioning the debt, but JAMS still sent me an invoice. I will send my check in for $250 and retain all the documentation. Should I send PRA a CMRR that I sent in the filing fee?

I emailed the case manager and the attorney that I would be willing to pay my portion of the $250, and asked the PRA attorney to please pay their portion of the filing fee according to the JAMS rules so that we may proceed with the arbitration.

The attorney emailed back, and this is what he said. 

So he's going to try to argue that I need to pay their $1250 portion of the filing fee! I never said that in court. I said that I would pay my filing fee once he sent his written communication to JAMS that we can arbitrate. That's all.

You are doing too much talking.  Stop.  Your requirement was to pay $250 to JAMS.  Then wait for a  hearing or for JAMS to send notification about selecting an arbitrator.

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The attorney sent a letter to the judge on this case and I received a CC letter. He said that "I agreed to pay ALL the filing fees, and that JAMS is about to close the case because the filing fees have not been paid."

Firstly, I've already paid my $250 filing fee. I never agreed to pay ALL the filing fees, and there was nothing in writing stating such, and no court order on that either. The judge did tell us that arbitration was costly, and asked if I still wanted to pursue that option (trying to get me to settle I assume). I said yes, that I wanted arbitration and that I was aware of the fees. I never mentioned anything else. JAMS sent a letter and said that if the respondent didn't pay this week, then they'd close the case, so I asked them to extend it until after we had our hearing, and they put the case on hold for me until that date.

This attorney is a nutjob and has been stalling at every turn. I've done everything the court has requested, and I am about to see the judge again. Should I write a response letter to his letter? Or wait until court? 

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Absolutely send a response. I would file it as a motion to strike the attorney's lawyer to keep the letter from being part of the court record. State that the lawyer's claims are patently false.  You never agreed to pay THEIR portion of fees, and more importantly, the JAMS rules expressly state who pays what, and you have already paid your portion of fees in good faith. 

Edit: attach the section of JAMS rules describing who pays what, and the consumer minimum standards to show that the agreement between the parties can't force a consumer to pay more than $250 for the filing fee. 

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On 3/15/2019 at 1:04 PM, SkyStillSunny said:

The attorney sent a letter to the judge on this case and I received a CC letter. He said that "I agreed to pay ALL the filing fees, and that JAMS is about to close the case because the filing fees have not been paid."

Firstly, I've already paid my $250 filing fee. I never agreed to pay ALL the filing fees, and there was nothing in writing stating such, and no court order on that either. The judge did tell us that arbitration was costly, and asked if I still wanted to pursue that option (trying to get me to settle I assume). I said yes, that I wanted arbitration and that I was aware of the fees. I never mentioned anything else. JAMS sent a letter and said that if the respondent didn't pay this week, then they'd close the case, so I asked them to extend it until after we had our hearing, and they put the case on hold for me until that date.

This attorney is a nutjob and has been stalling at every turn. I've done everything the court has requested, and I am about to see the judge again. Should I write a response letter to his letter? Or wait until court? 

Is it possible to obtain a transcript of your previous court appearance?  If so, I would immediately obtain one and:

1) File a bar association complaint against this bottom of the barrel attorney.

2) Sue the attorney's firm under the FDCPA (are you certain that he's a direct employee of PRA?  I find that highly unlikely, as they file literally tens of thousands of suits per month across the entire country, and always farm them out to local bottom-feeder firms. If, however, he is a direct PRA employee, FDCPA would not apply).

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