Carlos28

JAMS or AAA Arbitration?

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I had an old navy synchrony bank credit card that was sold to midland a few months ago and I received a certified letter in the mail that I am being sued by the Superior Court of NJ Law DIvision, Special Civil Part and I have to submit an answer. 

I have been reading the arbitration strategy and wanted to find out should I demand arbitration through JAMS or AAA? The debt is $2200.

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Most folks prefer JAMS as it is  more costly to the JDB.

And, choosing the arbitration forum is likely to be a moot point.  Most JDBs will fold when the MTC Arb is granted.  But if not, I would go with JAMS.

Your first priority should be answering the lawsuit and then filing the MTC Arb.  Hold off on filing with an arbitration forum until the MTC Arb is ruled on.

 

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22 hours ago, nobk4me said:

Hold off on filing with an arbitration forum until the MTC Arb is ruled on.

I answered the lawsuit today. How long should I wait before filing the MTC Arbitration?

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4 minutes ago, Carlos28 said:

I answered the lawsuit today. How long should I wait before filing the MTC Arbitration?

You can file the MTC at any time, but generally, the sooner the better.

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2 hours ago, Carlos28 said:

By the end of this week should I file an MTC or wait until we meet in court?

Different courts have different procedures. 

 

That being said, in general it is better to file ASAP, but in some courts that might not be the case.    The problem with waiting until the next time you meet in court is that in some jurisdictions you have to give the other side the motion in advance.  Although there are some courts where it is better to give the documents in court.  
 

Find out what process your court has for filing motions.  Assuming you can file a motion, do so ASAP. Remember to send a copy to the opposing attorney 

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3 hours ago, Carlos28 said:

I answered the lawsuit today. How long should I wait before filing the MTC Arbitration?

can you you share a redacted copy of your answer?

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21 hours ago, BackFromTheDebt said:

Remember to send a copy to the opposing attorney 

Does the copy to the opposing attorney have to be certified mail or regular? 

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23 hours ago, nobk4me said:
 
 

You can file the MTC at any time, but generally, the sooner the better.

I called the court today and they said that a trail is scheduled. Is that normal? 

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21 minutes ago, Carlos28 said:

Does the copy to the opposing attorney have to be certified mail or regular? 

It doesn't have to be certified (unless your state's rules require it, which is unlikely), but it is usually best to use certified mail, as it is a common tactic of JDB attorneys to claim they didn't get what you sent them.  Certified mail gives you proof that they did get it.

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22 minutes ago, Carlos28 said:

I called the court today and they said that a trail is scheduled. Is that normal? 

Usually the court schedules a pretrial when the defendant has filed an answer.  Maybe in your court they just schedule a trial.  I would file the MTC Arb ASAP.

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31 minutes ago, nobk4me said:

It doesn't have to be certified (unless your state's rules require it, which is unlikely), but it is usually best to use certified mail, as it is a common tactic of JDB attorneys to claim they didn't get what you sent them.  Certified mail gives you proof that they did get it.

Bingo.  AND make a good copy of whatever you send. 
 

One time I sent discovery answers to an opposing firm.  Unfortunately, I thought I had the most up to date version backed up.  I didn’t.  I didn’t make a copy of what I had sent.  And, I didn’t send it Certified Mail.  That cost me big time.  

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 CARLOS 22  - Old Credit Account "sold"

I am new to this site as of today, however, I have been fighting these corrupt bottom-feeders for over 19 years against credit reporting, credit cards, rogue collectors etc. ~  What you have in any "credit card agreement" [in the 4 pt font of approximately an 8 pg foldout]  is what's called a Quasi Contract [meaning take it or leave it]  ~ Congress knew many years ago that this credit card industry was little more than a scam so they saved a little face by including the 180 write-off requirements ~ So once these alleged debts, set-offs, charge-offs [whatever term they use] mean that after 180 they are sold to collection attorneys for from 8-20 cents, depending upon whether in a large bundle or "cherry-picking" according to alleged debtor's background / financial status.

 

The arbitration scheme was rampant in the early 2000s with MBNA - Wolfpofh & Abramson - Mann Bracken would all used a company called National Arbirtation Forum ~ The  scam was to get NAF to send their new recently purchased accounts a "Notice of Arbitration" ~ I forget what ridiculous pricing they had in the event that if you chose to use their services as well ~~ Most people just threw this big package in their trash cans because of the expense and lack of knowledge of this subject matter ~ These bottom-feeding attys next step would be to get NAF to send or fax a cover-sheet of their findings [99% of their findings for these bottom-feeders]  to one of their "select" retired judges or some attorney who possessed a mediator's status or acclaim to such ~~ 

Then off to the courts and you are now receiving a "Summons & Complaint" which in most states is required to be "Answered" within 30 days or these crooks would automatically get a "Default Judgment" ~ If you did what most people that thinks the courts are on the side of the truth & facts, then you could just "stay home" ~ In most of our first cases, when we first started, we found that the majority of the judges would claim that '''''''''you engaged yourself in this arbitration by your rejecting it, whether in a formal certified letter or not?? WOW...It was only after losing a few of these that we "shapened the saws" and started contesting these bottom-feeders as soon as our clients had received their 1st Collection Letter [at this time these attys are in the position as a debt collector, by law] ~ At this point [knowing their arbitrations would be next] we made "demands of proof of contract" that these collectors had between the credit card bank and themselves!  We asked for everything afforded by law and then some!!  

You see,  if they were stupid enough to admit they had purchased these charge-offs and were allegeding in the "collection notices" then this would be fraud in the factum [misrepresentation - extortion - unjust enrichment etc etc ] ~ End Of Story or it should be, however, now they are flipping these accounts over to another bottom-feeder that may wait and try to revive their BS scam ~ One of the major collection agencys [being new I don't know if I'm allowed to mention any names]  have 26 various named collection titles under their one umbrella!! lol ~ We have also run the course with some of these clowns as well ~  The basis of these whole deal in the credit card industry is that the "banks do not loan you any of their money" [so they can't have or claim any damages] ~ They setup an account [that they will never, ever disclose to a court or in depositions] and this account is nothing more than a "checkbook entry" against their hypothetical allowance with the Fed Reserve & banking regulators ~ What they want you to believe is that you sign for a purchase is simply a means for them to keep track of your purchase or cash advances, when in fact these are "bill of exchanges" ~  Once you sign off at your "point or purchase" or "atm" there are 13 more steps involved, while everyone in this banks' circle carves off a little piece for themselves.  Just remember to demand "Proof of Contract" ~ send it "Certified Mail" and always keep a copy of everything.... 

 

 

 

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