robf270

Need help in Arbitration. Midland Funding paid the fees

Recommended Posts

22 hours ago, Harry Seaward said:

Is there an accounting for the $5,000? I thought it was only $2,500 for the arbitrator deposit. 

That is AAA's deposit amount.  JAMS is always much higher than AAA in all areas.

Share this post


Link to post
Share on other sites

I am also entering into this same scenario with PRA.   They paid the filing fee, and commencement to arbitrate was sent. Ill be sending in my strikes. 

Guess Ill be another trailblazer... watching this closely... 

I plan of defending myself as strong as possible... any info provided will be greatly appreciated... This is in TX btw... ive posted my case... ill follow up there once i file the strike through... pretty sure they are watching this forum closely!!!!!  Ive paid all my debt off besides this and demand on fighting it, i even paid off another pra account earlier this year... this is total bs...

Share this post


Link to post
Share on other sites

@Norfolk&Wayman I haven't got anything yet. Probably won't know anything until after the holiday. But I didn't see a due date on the form. 

Share this post


Link to post
Share on other sites

I'm in the same situation with PRA....  Just submitted my strike though list today.  I just reread the paper, looks like it didn't define a due date other than the bottom print, payment due upon receipt... Weird not to include a date, what did the arbs schedule say? did it provide a time period? JAMS time period?

 

 @fisthardcheese ??????????????

Share this post


Link to post
Share on other sites

So it seems their payment is due NLT Tuesday the 28th, with Monday the 27th being a holiday..... ???? really interested to see if they pay...  As with PRA in my case.... 

 

I'd follow whatever Fisthardcheese or others advise, but i'd suggest telling them you would require at least two days to explain your case and drag it out as much as possible to eat up as much of the $5000 Jams deposit as possible...

 

As for the how to do that I HAVE NO IDEA.... objections - no idea... I hope someone here taps in and helps out as to what to prepare for...

 

The advice above is double sided sword too, cause if they flip the charges back on you somehow then youre stuck with all those fees.... that's what Im afraid off on me end....

Share this post


Link to post
Share on other sites

Is the 100% refundable fee policy new? I thought it was 50% refund if cancelled within a certain period and then 25% within a later period. If the 100% refund is a newish thing, that could explain why we are suddenly seeing several cases of them paying the filing fee. They could pay the filing fee trying to bluff us and then balk at the arbitrator fee deposit, and still get all of their money back. 

It doesn't explain the two other cases where they have paid the arbitrator deposits, on sub-$5,000 debts,  though. 

  • Like 1

Share this post


Link to post
Share on other sites

All of mine are 100% refundable prior to hearing, after the hearing has started it is 100% non-refundable.  Arbitration fees they can get a $600 refund on  if its withdrawn within 5 days.  

 

Sounds like they have found another step to push their case without having to pay very much...

 

Still don't understand a JDC  spending $1500 filing fee for less than $850 of debt that is inflated with outrageous interest....  Under every dime is a penny I guess, which is a joke, the real saying goes under every penny is a dime... These fools have it all wrong.... lol spend a dollar to get a penny.... Seems like it is random selecting,  go figure I paid off all my debt this spring. Along with another account PRA had of mine... The lawyer handling this account changed from the original to a different person somewhere. Caused confusion when I filed, the original said they didn't know anything about this to contact so and so... so i CC'd them.. They acted like this was the first they have heard of any of this and they needed time to figure it all out... REALLY?/???? The paperwork i originally was served with said the first person was the contact, now we have someone else who is handling the case without any notice to me?  BS....

They are getting clever, and for good reason, now it time for this forum to get even more clever!!!!

Share this post


Link to post
Share on other sites
20 minutes ago, Norfolk&Wayman said:

Arbitration fees they can get a $600 refund on  if its withdrawn within 5 days.  

According to the image you posted, they also get a 100% refund if the case is withdrawn within 30 (or 60) days before the hearing. 

21 minutes ago, Norfolk&Wayman said:

Still don't understand a JDC  spending $1500 filing fee for less than $850 of debt that is inflated with outrageous interest.

Then you're missing the bigger picture. They don't care about "your" individual debt. They have walked away from debts 10x the amount of yours. But *that* has become the point. They can't keep doing that now that it's common knowledge on an internet message board.

  • Like 1

Share this post


Link to post
Share on other sites

When I received my strike list from JAMS, the hourly fee varied between each Arbitrator.   Could the hourly fee affect the required deposit?

I hope they decide not to pay.  Fingers crossed.

  • Like 1

Share this post


Link to post
Share on other sites

Ok

 

38 minutes ago, Harry Seaward said:
 

According to the image you posted, they also get a 100% refund if the case is withdrawn within 30 (or 60) days before the hearing. 

Then you're missing the bigger picture. They don't care about "your" individual debt. They have walked away from debts 10x the amount of yours. But *that* has become the point. They can't keep doing that now that it's common knowledge on an internet message board.

Not the OP... NOT my image.... This all belongs to the OP...  Note this is with a Junk Debt Buyer.... PRA, Midland, etc... NOT a OC....

I get it though... But their choice of debts to choose to making a example out of is poor... If that is the case... I know down here people that default, just get a account in another name for their work check to go into. They can chase freeze do whatever, these kind of people don't care at all.... Their profit margin can't be that good, if i had to guess...

My personal opinion is they are pushing the envelope on a few here and there to see what happens. Trail blazing, just like we are....  Then we will just had to revert back to legislation like it would be be if it were in court??????? That's my guess....

 

@texasrocker

@fisthardcheese

@BV80

@Harry Seaward 

Share this post


Link to post
Share on other sites
8 hours ago, Norfolk&Wayman said:

But their choice of debts to choose to making a example out of is poor.

Not if they're trying to send the message that they will follow debts of any amount. 

8 hours ago, Norfolk&Wayman said:

Not the OP... NOT my image.

My bad. The point is the same which is it seems they get a 100% refund if the case is withdrawn. 

8 hours ago, Norfolk&Wayman said:

Note this is with a Junk Debt Buyer.... PRA, Midland, etc... NOT a OC....

Right. OCs following isn't news.

Share this post


Link to post
Share on other sites
On 5/24/2019 at 11:06 PM, Harry Seaward said:

Is the 100% refundable fee policy new? I thought it was 50% refund if cancelled within a certain period and then 25% within a later period. If the 100% refund is a newish thing, that could explain why we are suddenly seeing several cases of them paying the filing fee. They could pay the filing fee trying to bluff us and then balk at the arbitrator fee deposit, and still get all of their money back. 

It doesn't explain the two other cases where they have paid the arbitrator deposits, on sub-$5,000 debts,  though. 

I do believe the 100% refund is new.  But it does say minus the arbitrator's time already put into the case (and I assume the 12% administrative fee on top of that as well).  So now is a good time to start putting the arbitrator to work early and often as I usually suggest anyway.  I would start working on discovery and objections, asking for phone hearings on anything not on the up and up prior to the hearing.  Eating up a bunch of that initial $5k deposit will be key.

On 5/24/2019 at 8:37 PM, Norfolk&Wayman said:

I'm in the same situation with PRA....  Just submitted my strike though list today.  I just reread the paper, looks like it didn't define a due date other than the bottom print, payment due upon receipt... Weird not to include a date, what did the arbs schedule say? did it provide a time period? JAMS time period?

 

 @fisthardcheese ??????????????

JAMS won't set a concrete date until a couple warnings to pay are sent first.  They will get at least 30-60 days before JAMS sets a final deadline to pay.  You must be patient and wait.  There is no rush at this point.

Share this post


Link to post
Share on other sites
On 5/24/2019 at 7:26 PM, robf270 said:

@Norfolk&Wayman This is what I found.

Screenshot_2019-05-24-22-24-52.png

Screenshot_2019-05-24-22-24-57.png

@robf270 Did you source the above from anywhere other than JAMS International Arbitration Schedule of Fees and Costs? (pdf on website)

The above refund policy language doesn't seem to be present in the non-International fee schedule.

  • Like 1

Share this post


Link to post
Share on other sites
1 minute ago, Pericles said:
 

@robf270 Did you source the above from anywhere other than JAMS International Arbitration Schedule of Fees and Costs? (pdf on website)

The above refund policy language doesn't seem to be present in the non-International fee schedule.

@Pericles  Thank you for this info. I couldn't find that info in the JAMS consumer rules. 

Share this post


Link to post
Share on other sites
2 hours ago, Pericles said:

@robf270 Did you source the above from anywhere other than JAMS International Arbitration Schedule of Fees and Costs? (pdf on website)

The above refund policy language doesn't seem to be present in the non-International fee schedule.

Good catch.  I just checked and also do not see this rule in any of the JAMS rules that would be applied to a consumer case.

Share this post


Link to post
Share on other sites

@fisthardcheese @Brotherskeeper @Pericles

 

I have the 100% refund etc in the language in each of the arbitrators resumes I was given. I copy and pasted it below:

 

"

ARBITRATION FEES Filing Fee $1,500 - Two Party Matter $2,000 - Matters involving three or more parties $1,500 - Counterclaims

Entire filing fee must be paid in full to expedite the commencement of the proceedings

A refund of $600 will be issued if the matter is withdrawn within five days of filing. After five days, the Filing Fee is non-refundable.

Case Management Fee

12% of Professional Fees Professional Fees include time spent for hearings, pre- and post-hearing reading and research, and award preparation, The Case Management Fee includes access to an exclusive nationwide panel of judges, attorneys, and other ADR experts, dedicated services including all administration through the duration of the case, document handling, and use of JAMS conference facilities including after hours and on-site business support. Weekends and holidays are subject to additional charges.

FEES FOR OTHER MATTERS (Discovery, Special Master, Reference, Appraisal and Neutral Analysis Matters) Initial non-refundable fee of $600 per party Plus 12% of Professional Fees CANCELLATION/CONTINUANCE POLICY

Cancellation/Continuance Period

Fee 1 to 2 days..

30 days or more prior to hearing..

100% REFUNDABLE, except for time incurred 3 to 5 days.

45 days or more prior to hearing.

100% REFUNDABLE, except for time incurred 5 days or more .....

... 60 days or more prior to hearing....

.. 100% REFUNDABLE, except for time incurred Hearings of any length... ............. ............ Inside the cancellation/continuance period............NON-REFUNDABLE

Unused hearing time is non-refundable. Hearing fees are non-refundable if time scheduled (or a portion thereof) is cancelled or continued after the cancellation date unless the Arbitrator's time can be rescheduled with another matter. The cancellation policy exists because time reserved and later cancelled generally cannot be replaced. In all cases involving non-refundable time, the cancelling or continuing party is responsible for the fees of all parties.

A retainer for anticipated preparation and follow-up time will be billed to the parties. Any unused portion will be refunded. All fees are due and payable upon receipt of invoice and payment must be received in advance of hearing. JAMS reserves the right to cancel your hearing if fees are not paid by all parties by the applicable cancellation date and JAMS confirms the cancellation in writing. Receipt of payment for all fees is required prior to service of an arbitration order or award. For arbitrations arising out of employer-promulgated plans, the only fee that an employee may be required to pay is $400. The employer must bear the remainder of the employee's share of the filing fee and all Case Management Fees. Any questions or disagreements about whether a matter arises out of an employer-promulgated plan or an individually negotiated agreement or contract will be determined by JAMS, whose determination shall be final. For arbitrations arising out of pre-dispute arbitration clauses between companies and individual consumers, JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses, Minimum Standards of Procedural Fairness applies. In those cases, when a consumer (as defined by those Minimum Standards) initiates arbitration against the company, the only fee required to be paid by the consumer is $250. The company must bear the remainder of the consumer's share of the filing fee and all Case Management Fees. Parties that, through mutual agreement, have held their case in abeyance for one year will be a$$essed an annual abeyance fee of $500, and $500 every six months thereafter. If a party refuses to pay the assessed fee, the other party or parties may opt to pay the entire fee on behalf of all parties, otherwise the matter will be closed.

JAMS panelists may use a law clerk depending on the complexity of the case. The parties will be informed at the onset of the engagement if the neutral plans to employ a clerk. The clerk's hourly rate will be billed to the parties subject to the agreed fee split and in accordance with JAMS' policies. "

 

 

This is the same info across all the arbitrators I was give to select from, I'm assuming @robf270 had the same info in all of his... only thing that differed was the hourly rate vs daily rate and the individuals resume you could look up on JAMS.

Share this post


Link to post
Share on other sites
1 hour ago, Norfolk&Wayman said:

I have the 100% refund etc in the language in each of the arbitrators resumes I was given.

The arbitrators don't set JAMS policy for filing fees. The arbitrator may possibly be able to decide their professional fees are refundable, but they have nothing to say about filing fees. 

Share this post


Link to post
Share on other sites
8 hours ago, Harry Seaward said:

The arbitrators don't set JAMS policy for filing fees. The arbitrator may possibly be able to decide their professional fees are refundable, but they have nothing to say about filing fees. 

This information should come from JAMS directly as part of the strike list package, so I believe it is accurate.  It makes sense to me now.  The JAMS rules are silent as to refunds or fee particulars, so giving this information as part of the commencement and arbitrator choosing process makes sense to me.

Share this post


Link to post
Share on other sites

Same boat... they sent them the bill, the arbitrator was chosen... but not assigned until the bill is paid i assume...

 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.