Quick Help with Arbitration Election/JAMS

[BitsyM]

Can anyone help me out quickly?  Went to court on Wednesday the 18th.  Judge set aside the default judgement based on my Affirmative Defense in my Answer.  I have one week to send the attorney for Midland my Election for Arbitration Notice.  I've got that covered.  

 

My question is the JAMs part of it.  Can someone look at the attached agreement and let me know if I can request that Midland pay the fee for filing?

 

I need to run to the court house today as soon as I leave work to provide proof that I have sent the letter and began the arb. process.  

 

Thanks in advance for any advise or help.

CC Agreement.pdf

[Brotherskeeper]

@BitsyM When you start new threads for the same case, we lose the details of your case. I don't recall how much this debt is, but the JDBs don't usually go far, if at all, into the arb process. You don't want to be in default of the arb process yourself. Unlikely, but it could give an opening for the plaintiff to go back into court if JAMS closes your case due to nonpayment by you. 

The GAP/Synchrony agreement states:

"10. ...If you ask, we will pay all the fees the administrator or arbitrator charges if you cannot obtain a waiver of fees from the administrator and are acting in good faith. We will always pay arbitration costs required by the administrator's rules or that are necessary for this Arbitration section to be enforced."

You can ask the JDB to pay before you attempt to get a fee waiver from JAMS, but the JDB may decline if you haven't followed the arb provision's #10 terms. Do you think you would qualify for fee waiver from your court due to indigency? If so, I believe the JAMS rules allow waiver of the initial fee. 

If this is the same case that had you sued in the wrong venue, why did the judge deny your wrong venue motion? 

Are you planning on alleging a violation for this in your JAMS claim demand?

[Harry Seaward]

Did you read paragraph 10 of the arb provision? Seems crystal clear to me. 

Edit: BK beat me to it. 

[BitsyM]

@Brotherskeeper and @Harry Seaward- Thank you!

 

That's what I thought, but I needed some reassurance.

 

I appreciate the help

 

To answer your question about the wrong venue- the judge told me that they did handle parts of Northville City, not just the township, no violation.  I don't think that I would qualify for a waiver.

 

[Brotherskeeper]

If you're looking to buy some time without having to pay the $250 to JAMS, you should reread and follow Fist's advice in his pinned thread on arb:

When sending in the Demand for Arbitration, I never send money initially.  If you are required to pay the $200/$250 consumer filing fee (or any portion of it), then the arbitration firm will tell you to submit that in order to continue.  They will never reject your filing, but will send you a case number and request for payment to move forward.  Having the case number is key evidence that you filed the case (which may be needed for Court later). If the Card Agreement states that "they" will pay for your filing fee, I will include a cover letter with my Demand form stating that per the Agreement you are asking the company to forward the consumer filing fee directly to AAA/JAMS."

[BitsyM]

@Brotherskeeper I plan to do exactly that regarding the filing fee

 

Should I send everything to both Midland and their attorney?  Of course CMRRR via USPS.

[Brotherskeeper]

6 minutes ago, BitsyM said:

Should I send everything to both Midland and their attorney?  Of course CMRRR via USPS.

 

2 hours ago, BitsyM said:

Judge set aside the default judgement based on my Affirmative Defense in my Answer.  I have one week to send the attorney for Midland my Election for Arbitration Notice. 

@BitsyM Do you have any reason to believe that Midland's attorney is no longer representing them? IANAL. Since this is a court-ordered arbitration, unless you have notice that the attorney has withdrawn, I believe you should follow the judge's order and Fist's advice:

Also when sending the Demand, I send it to AAA/JAMS and to the attorney for the JDB at the same time.  I send both CMRRR and retain the green cards.  Although the Demand Form instructions say that proof of service is needed, I simply include a "certificate of service" with my forms that states that I certify that I sent a copy to the JDB by USPS Certified Mail.  If there is ever a question about service after I file, I will have the green card to submit as proof if needed.

Remember, that this is now YOUR case against the JDB.  It will be up to the JDB to file a COUNTER CLAIM in arbitration for the alleged debt.  They have a set amount of time per the rules to file a counter claim.  Make sure you know the rules.  It will not be uncommon for the JDB to not file their counter claim in the allowed time frame.  If they file after the allowed time, you must file a written objection noting this and ask for their claims to be stricken as untimely.  Always file written objections to EVERYTHING that falls outside the rules in arbitration.  When you object, also ask for a hearing on the matter (see arbitration strategies section above).  NOTE:  It is likey that in such situations, the arbitrator will rule in favor of the creditor almost every time and allow things like untimely filings anyway.  Do not let this discourage you.  The point is that you filed the objection, forced at least a response from the other side and for the arbitrator to make a ruling.  All of this cost them time and money.  Even if nothing goes your way on objections, you should continue to make them for every problem you encounter.  They add up and they increase the pressure on a JDB (or an OC) to settle."

[BitsyM]

@Brotherskeeper First and foremost, thank you so much for your help!  I appreciate every response and all of the information that you have assisted me in finding, and for providing.   

 

I tried to go to the court yesterday, after checking on the website to ensure that they were open.  I pulled up and the doors were locked.  Closed today and tomorrow as well, I'm assuming.

 

The judge just said that I had a week to file for arbitration and send the election of arbitration to Midland (on 12/18/2019).  

 

I mailed CMRRR to Midland, the attorney, and JAMS a copy of election of arb., copy of agreement, cover letter to JAMS denoting what enclosed (demand form, 2 copies of agreement, notice of election that I sent to Midland and attorney).  I also noted that I was requesting that Midland pay the fees per the enclosed agreement.  I included in all 3 mailings a signed and dated certificate of service.

 

I have a copy to drop off at the court of everything that was sent and copies of the CMRRR green card.

 

So, I did everything within the 7 days from the 18th.

 

Now I guess I just wait for JAMS, or Midland to contact me.  I've never had the process go this far.

Thank you also to @fisthardcheese for all of the information that you have taken the time to provide on this forum.  I could not have made it this far without the information.  I greatly appreciate it.

[fisthardcheese]

You have complied with the court's order.  So there is nothing else to do until you hear from one of the parties involved now.  You have the option to email the attorney and offer a mutual dismissal with prejudice.  I usually do this once JAMS sends the bill to midland and I set the expiration of my offer to be the same date payment is due to JAMS.