RobinC

Sued in Ohio

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I have been reading through the arbitration posts and I have a question. I was sued by law firm representing a credit card company in Ohio (amount of 4K) and I have already filed an answer. However, I didn't use arbitration as one of my affirmative defenses due to constraint in time to research. I have some questions.

1) Should I go ahead and file the MTC now anyway or is it too late?

2) Should I also file with AAA or JAM now? Which one would you recommend? I keep reading different suggestions.

3) Should I just wait for a court date or whatever and then raise my intentions for arbitration/MTC then? How should I proceed. I appreciate any input you may have. Thank you.

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4 minutes ago, RobinC said:

I filed a week ago. I'm not sure honestly about who's suing. It seems to be the credit card company as it is the plaintiff in the case.

who is the plaintiff, can't help offer suggestions without more information.

 

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26 minutes ago, RobinC said:

Plaintiff is CC (AMEx) on the summons.

AMEX is not going to be deterred by arbitration.  They will gladly follow you in and engage all the way to the end including appeal.  The only thing arbitration does with AMEX is potentially get you a better settlement.

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6 minutes ago, Clydesmom said:

AMEX is not going to be deterred by arbitration.  They will gladly follow you in and engage all the way to the end including appeal.  The only thing arbitration does with AMEX is potentially get you a better settlement. 

Thanks. I don't know which ones are likely to persist or not. But I'd appreciate if anyone has any idea about how to proceed esp the questions I have.

1) Should I go ahead and file the MTC now anyway or is it too late?

2) Should I also file with AAA or JAM now? Which one would you recommend? I keep reading different suggestions.

3) Should I just wait for a court date or whatever and then raise my intentions for arbitration/MTC then? How should I proceed. I appreciate any input you may have. Thank you. 

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2 minutes ago, RobinC said:

1) Should I go ahead and file the MTC now anyway or is it too late?

File an amended answer and the MTC.  Worst that happens is the motion is denied.

2 minutes ago, RobinC said:

2) Should I also file with AAA or JAM now? Which one would you recommend? I keep reading different suggestions.

JAMS is more expensive but it really depends on what the card agreement says the choice of venue is.  It may be limited to one or the other.

3 minutes ago, RobinC said:

3) Should I just wait for a court date or whatever and then raise my intentions for arbitration/MTC then?

I wouldn't wait.  Keep in mind that we have seen situations with AMEX where a consumer merely stating they wanted arbitration led AMEX to go ahead and file it.  

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On 7/9/2019 at 9:04 PM, Clydesmom said:

I wouldn't wait.  Keep in mind that we have seen situations with AMEX where a consumer merely stating they wanted arbitration led AMEX to go ahead and file it.  

This is incorrect.  Once the MTC is filed, Amex will file a brief agreeing to arb, but insisting that you initiate with JAMS within 60 days and pay the consumer's portion of the fees ($250). They then counterclaim for the debt (to the tune of a $2500 bill) once you've initiated.

Contrary to what some on this board say, Amex would much rather be in court than in arb.  I've seen settlements from cases that went to court, and my settlement with them (about a month after initiating arb) was MUCH lower, and paid over the span of a few years at decent monthly payments.  Some on this board act as if Amex will gladly spend $100k to chase down a debt of less than 10% that amount...while it is true they will take an Arb all the way to the appeal stage if necessary, they are willing to settle for a reasonable amount, at least early in the arb process.  

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@RobinC Under Ohio Rules of Civil Procedure, you are allowed to amend your Answer (pleading) once within 28 days after serving it. Check your court rules to see if you have to title it Defendant's First Amended Answer with Affirmative Defenses. 

Civ. R 15(A)

RULE 15. Amended and Supplemental Pleadings

(A) Amendments. A party may amend its pleading once as a matter of course within twenty-eight days after serving it or, if the pleading is one to which a responsive pleading is required within twenty-eight days after service of a responsive pleading or twenty-eight days after service of a motion under Civ.R. 12(B), (E), or (F), whichever is earlier. In all other cases, a party may amend its pleading only with the opposing party’s written consent or the court’s leave. The court shall freely give leave when justice so requires. Unless the court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within fourteen days after service of the amended pleading, whichever is later.

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8 hours ago, Brotherskeeper said:

@RobinC Under Ohio Rules of Civil Procedure, you are allowed to amend your Answer (pleading) once within 28 days after serving it. Check your court rules to see if you have to title it Defendant's First Amended Answer with Affirmative Defenses. 

Civ. R 15(A)

RULE 15. Amended and Supplemental Pleadings

(A) Amendments. A party may amend its pleading once as a matter of course within twenty-eight days after serving it or, if the pleading is one to which a responsive pleading is required within twenty-eight days after service of a responsive pleading or twenty-eight days after service of a motion under Civ.R. 12(B), (E), or (F), whichever is earlier. In all other cases, a party may amend its pleading only with the opposing party’s written consent or the court’s leave. The court shall freely give leave when justice so requires. Unless the court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within fourteen days after service of the amended pleading, whichever is later.

After reading a lot on this site about arbitration--I'm a bit overwhelmed and not sure if I'm able to use it at this stage. I got a summons in April and answered it the best I could. 10 days ago they filed a Motion of summary judgement, I received the MSJ about 5 days later in the mail. I don't know what to do.

In the summons I denied everything with a template I found and copy/pasted it saying, "I'm without sufficient information to admit or deny the allegations contained therefore I deny them."

My affirmative defense was stating the SOL from Puerto Rico(not the law, but just my understanding of the time frame) and a vague reference to an account open and closed in PR. I started a thread in the lawyer in the house.

 

I think I messed up.

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12 hours ago, WhatAboutMe said:

10 days ago they filed a Motion of summary judgement, I received the MSJ about 5 days later in the mail. I don't know what to do.

When you received your copy of the MSJ, did plaintiff attach a copy of the credit card agreement?

Does the agreement contain an arbitration clause? 

It's best for you to post all of your questions and information in your own thread so that there's no confusion created. This thread is for Ohio. You are in Florida. 

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20 minutes ago, Brotherskeeper said:
 

When you received your copy of the MSJ, did plaintiff attach a copy of the credit card agreement?

Does the agreement contain an arbitration clause? 

It's best for you to post all of your questions and information in your own thread so that there's no confusion created. This thread is for Ohio. You are in Florida. 

No, they just sent a few statements. I found the credit card(sams personal/synchrony) agreement online and it has an arbitration clause.

Here is my thread: https://www.creditinfocenter.com/community/topic/331117-sued-by-midland-in-florida-need-help/

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