shadow99

Velocity Suit - Help with MTC

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1 hour ago, alwayswinning36 said:

I don't blame you there. Hopefully they will get back to you soon and tell you how to pay the fee, if you do have to pay it. I wouldn't know myself personally.

Wow - I just got an email from their attorney with an offer to settle for a dismissal WITHOUT prejudice, which I'm not willing to accept.

It mentions the lawsuit but not arbitration.

I'm searching for settlement letters here, but if anyone wants to point me to something good, that's be great.

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3 hours ago, shadow99 said:

Wow - I just got an email from their attorney with an offer to settle for a dismissal WITHOUT prejudice, which I'm not willing to accept.

It mentions the lawsuit but not arbitration.

I'm searching for settlement letters here, but if anyone wants to point me to something good, that's be great.

I personally am a smarta$$ and sometimes sarcastic. If it were me, not saying you should do this, but if it were me I would email back with "you mean the law suit which was granted a MTC and therefore is in arbitration - that you are refusing to pay the fees for?" You can't just expect them to drop it without some pissing match of emails or calls back and forth. I mean they are hired by their client to make a good faith attempt to collect, after all. Just stand your ground. I have had one flat out email me and tell me arbitration isn't an option because of a small claims exception, after I filed the MTC arbitration mind you, and they still ended up just dropping it. What are the details of the settlement? Agreed judgment without prejudice?

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The motion was granted. JAMS sent the notification to them and requested payment. If they think its just going to go back to court and they are going to admit they didn't do what the court ordered, which is to arbitrate, then they have some serious issues in store for them if they just do nothing and think they will get anywhere going to court later on. If you do send any settlement offer back, do not say I know this debt is mine, I know I owe this debt, or anything of that nature.

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25 minutes ago, alwayswinning36 said:

What are the details of the settlement? Agreed judgment without prejudice?

65% of the total owed which amounts to about a $1000 discount and dismissal without prejudice.

Why wouldn't they say dismissal WITH prejudice. Doesn't with prejudice mean they can't sue again? or is that without?  I get them confused.

I'm a little wordy in posts, and very sarcastic in real life, but in anything like a counter-offer, I know that less is more. I will use my words sparingly.

If I respond, it'll be something like:

I decline your offer.

Then give a counter offer that a payment of $0 for mutual dismissal due to the pending arbitration.

The return court date is in 3 weeks. This could just be a standard offer and they haven't even looked at the arbitration bill yet.

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16 minutes ago, shadow99 said:

65% of the total owed which amounts to about a $1000 discount and dismissal without prejudice.

Why wouldn't they say dismissal WITH prejudice. Doesn't with prejudice mean they can't sue again? or is that without?  I get them confused.

I'm a little wordy in posts, and very sarcastic in real life, but in anything like a counter-offer, I know that less is more. I will use my words sparingly.

If I respond, it'll be something like:

I decline your offer.

Then give a counter offer that a payment of $0 for mutual dismissal due to the pending arbitration.

The return court date is in 3 weeks. This could just be a standard offer and they haven't even looked at the arbitration bill yet.

You are on the right track. Right now, there is nothing they can do but wait for the court date, or arbitration date. They won't keep playing games, though. The court ordered the Arbitration by granting your MTC, correct? They act like they are ignoring that fact. I would keep giving much lower numbers. If the shoe were on the other foot and you were suing them they would do the same thing. If they are willing on the first offer to go 65%, then they will go lower. Just as if you refused their offer to pay you $150 on a claim you know you could get $1500 in court for, you'd probably decline their offer and thus they would offer more. I would remind them of the arbitration, it was granted, JAMS contacted them, and they need to proceed that route. But either way, you want to get the dismissal or settlement handles BEFORE the arbitration date comes. If they go back to court having not honored the MTC and order of the court, then they will be in the bad side of things. Without prejudice means they could refile at anytime. However, if you have a settlement agreement and you agree and settle, there is nothing for them to refile. Even if they did, you could use the defense it was already settled.

They can't just go back to court and say "nah judge we don't wanna do the arbitration we didn't wanna pay the part, which we are theoretically under order by you to pay, under the terms of arbitration so we are here again". If I am wrong about this I am sure someone else will mention it. I would gather as much as I could from JAMS, in the way of notifications and requests for payment they sent to the JDB, that the JDB ignored.

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15 minutes ago, alwayswinning36 said:

The court ordered the Arbitration by granting your MTC, correct?

Not exactly.

The hearing was remote, over the phone, and it was hard to hear everything that was going on.

The judge asked about my motion, I explained. He then asked the attorney if he agreed. He agreed right away on condition that the case was continued until December. With all that agreement, the judge must have decided he didn't need to sign the MTC.

In the meantime, I waited for a signed MTC that was not going to come. I emailed the court to see what I needed to do to get it after some time had passed. They told me the judge did not sign it. I then mailed everything to Jams and again waited with no response. Finally, I read the Jams website's Covid announcement which I didn't notice before and emailed everything in. It kind of looks like I was dragging my feet, but I was trying to be patient.

We'll see what happens, but I don't want the question of the $250 to count against me so I will be contacting Jams on Monday if they don't email me before hand in response to my emailed question.

The more I think about it, the more I kind of thing that settlement is just a standard offer they send everyone if they have their email address and a court date is approaching.

If they don't agree to dismiss WITH prejudice in exchange for my dismissal of the arbitration, I'll ask for a signed MTC along with another continuance.

Or, I guess I could ask for a dismissal in court if they don't pay the initial fee. They'll probably claim they didn't have time to pay and get another continuance. Our courts are generous with continuances as long as you show up and there's any kind of reason.

 

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2 minutes ago, shadow99 said:

The more I think about it, the more I kind of thing that settlement is just a standard offer they send everyone if they have their email address and a court date is approaching

 

You are correct. Only you know what you really want to do and the best outcome you want. But if you do settle, for whatever is agreed to, there will be a written memorization of that. Make sure you keep it. You will need it in case they do file again trying to collect on the debt again, to show that it was already settled.

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