Here is Copy of the Arbitrator's Award in favor of Defendant

[Gotasha]

I just wrote this whole post and it disappeared.  Ugh!! but in a nut shell LVNV did not show up at the hearing and the arbitrator and I waited 30 mins, no call no show and I just got my confirmation letter (see attached)

lvnv arb award to Defendent.pdf

[WhoCares1000]

Since this is non-binding, I think the plaintiff was the right to request a Trial de Novo in 30 days too. The question is, will they do so.

[Gotasha]

Well, I also filed a complaint with the CFPB and I think between my brief and the filing of my complaint right before the arb hearing they bailed.  I checked online today and they have responded to the CFPB asking for more time, lol.  I could be wrong but I don't think they will file because I could argue and oppose that they did not commit to the arbitration in good faith but no call, no show.  That is a basic requirement is to show good faith. 

[Harry Seaward]

So LVNV sued you? You responded with a MTC? And LVNV paid the full arbitration fee? Seems incredibly unlikely they would throw away $5,000 like that. 

[Gotasha]

I think you misunderstood this case. It was judicial non-binding arbitration.  They paid nothing as the court will refer certain cases to arbitration at no charge in California. 

[Harry Seaward]

Ah! You're right. I'm used to that being called mediation.

[Hero.Won]

Hi Gotasha,

Thanks so much for sharing your arbitration journey. Like you, I am dealing with Harris and Zide in CA, and the JDB is LVNV. My debt is also a little less than $2K.

Your story gives me hope that despite their rudeness and bravado, Harris and Zide/LVNV will not pursue such a small amount all the way through arbitration. I am wondering if you can share more about how you got to judicial non-binding arbitration. Is this what you asked for, and if so, at what point in the legal/court process did you do this? I ask, because I'm still within the 30-day response period where I could ask LVNV to verify the debt and where I'm thinking of inserting the language that I opt for arbitration. I'm counting on the JDB to back off due to the cost of arbitration and offer me a settlement closer to what I can afford. 

Any thoughts or advice you can offer would be much appreciated!

 

[Gotasha]

Hello All,

LVNV did file a trial de novo as expected however, I filed a motion for monetary sanctions in the amount of $3,500 for their failure to attend the arbitration hearing and they immediately filed a request to dismiss the case.  Hmmm, I know they will be back and if not them one of the other pretender debt collectors with phony assignments and BS.  When they rear their ugly heads I will be ready.  Good luck to all of you and may God Bless you and your Journey with these lying thieves.  

 

LVNV Request for dismissal .pdf

[Gotasha]

On 11/4/2018 at 11:19 PM, Hero.Won said:

Hi Gotasha,

Thanks so much for sharing your arbitration journey. Like you, I am dealing with Harris and Zide in CA, and the JDB is LVNV. My debt is also a little less than $2K.

Your story gives me hope that despite their rudeness and bravado, Harris and Zide/LVNV will not pursue such a small amount all the way through arbitration. I am wondering if you can share more about how you got to judicial non-binding arbitration. Is this what you asked for, and if so, at what point in the legal/court process did you do this? I ask, because I'm still within the 30-day response period where I could ask LVNV to verify the debt and where I'm thinking of inserting the language that I opt for arbitration. I'm counting on the JDB to back off due to the cost of arbitration and offer me a settlement closer to what I can afford. 

Any thoughts or advice you can offer would be much appreciated!

 

How is your case going?

[Gotasha]

On 10/12/2018 at 10:45 AM, WhoCares1000 said:

Since this is non-binding, I think the plaintiff was the right to request a Trial de Novo in 30 days too. The question is, will they do so.

Well, they did file the trial de novo and I filed a motion for monetary sanctions for their failure to appear in good faith and they dismissed the case.  I have attached the dismissal below.  

[Gotasha]

Well, I won my motion for sanctions! 

LVNV Sanction Motion .pdf

[Gotasha]

Well, I guess they aren't too big to pay! 

[shellieh98]

Nevermind, I didn't read the entire thread, lol