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Citibank -AAA or JAMS


karenista
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This site has been extremely helpful in the navigating lawsuits and how to proceed with arbitration. 

I currently have a date for court on April 22nd. I am being sued in GA by PRA using Cooling and Winters for a Citibank Home Depot account for about $4500. I filed my answer denying and stating lack of jurisdiction. But in getting my MTC written I was researching which card agreement. I noticed that the card agreement sent as part of the papers I was served uses the 2011 Citibank agreement which states either JAMS or AAA can be used for arbitration. But in 2016 Citibank issued a new agreement which states AAA is to be used. My last payment for this card was sometime in 2016. Which card agreement should I use when filling out my MTC?  The one the law firm sent me or the newer one from 2016? Is AAA or JAMS better for arbitration with Citibank? Thanks for your help!

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  • 4 weeks later...
On 4/16/2019 at 10:46 AM, Harry Seaward said:

AAA. Their rules are crystal clear that Citi's arb fees can never be reallocated back to you, so long as you don't bring frivolous claims against them. 

Wouldn't the idea be to select an arbitration forum that'll make it a financial burden for the JDB to collect and thus dropping or offer a settlement? If that's the case wouldn't you say JAMS would be better? 

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17 minutes ago, Boisvert said:

Wouldn't the idea be to select an arbitration forum that'll make it a financial burden for the JDB to collect and thus dropping or offer a settlement? If that's the case wouldn't you say JAMS would be better? 

If the JDB believes all of their arbitration fees are going to be reallocated back to the consumer, they would be operating on the premise that whatever financial burden they bear is only temporary. 

In the last few weeks, we have seen two different JDB pay arbitration fees in three different cases, so it's possible they are finally calling our bluff, and the specific arbitration forum is about to become a moot point anyway. 

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4 minutes ago, Harry Seaward said:

If the JDB believes all of their arbitration fees are going to be reallocated back to the consumer, they would be operating on the premise that whatever financial burden they bear is only temporary. 

In the last few weeks since i said what i did, we have seen two different JDB pay arbitration fees in three different cases, so it's possible they are finally calling or bluff, and the specific arbitration forum is about to become a moot point anyway. 

The AGREEMENT Reads:

Quote

"Who pays? Whoever files the arbitration pays the initial filing fee. If we file, we pay; if you file, you pay, unless you get a fee waiver under the applicable rules of the arbitration firm. If you have paid the initial filing fee and you prevail, we will reimburse you for that fee. If there is a hearing, we will pay any fees of the arbitrator and arbitration firm for the first day of that hearing. All other fees will be allocated as provided by the rules of the arbitration firm and applicable law. However, we will advance or reimburse your fees if the arbitration firm or arbitrator determines there is good reason for requiring us to do so, or if you ask us and we determine there is good reason for doing so. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines."

What laws can an arbitrator apply to determine one must refund all arbitration fees?

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9 minutes ago, Boisvert said:

What laws can an arbitrator apply to determine one must refund all arbitration fees?

What laws does a court rely on in determining a consumer that loses a debt collection action is liable for the JDB's court costs? (Each jurisdiction has their own.) That same law would apply to arbitration actions. 

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2 minutes ago, Harry Seaward said:

What laws does a court rely on in determining a consumer that loses a debt collection action is liable for the JDB's court costs? (Each jurisdiction has their own.) That same law would apply to arbitration actions. 

This is what JAMS states:

Quote

"In any arbitration arising out of or related to this Agreement, the arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration.

If the arbitrator(s) determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration."

Seems like exposure is high when going with JAMS even thought the fees are higher and less likely for the JDB to push forward. 

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