Vaness@

Absolute Resolutions Investment Lawsuit filed against me

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1 hour ago, Vaness@ said:
 

Currently I am waiting on judge to approve arbitration.  I filed MTC last friday, I sent the attorneys a certified copy of the MTC which they received Monday and Wednesday I received that email from the attorney... They had never sent me an email or any notification at all prior so... I did email them back asking them how their email  affect the case, so I am awaiting to see their response, if any.  

The arbitration clause extends to OC or their attorneys.  I will review it, read it carefully and give feedback.... 

I can't help but to be so thankful each and everytime for this forum!!! You guys are just incredible!!!!!!! 

The arbitration provision would not necessarily extend to the attorneys. 

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5 hours ago, BV80 said:
 
 

The arbitration provision would not necessarily extend to the attorneys. 

It may not. It would depend on the arbitration language.  However, the actions of the attorneys certainly can be a violation against the JDB, so either way you can file those violations when the time comes.

 

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On 8/13/2020 at 1:13 PM, Vaness@ said:

Hi All, just an update!  I submitted MTC w answer paperwork Monday... and today I get an email from the collections office with the following:  (I think the settlement they offered was still a lot...) what should I do?...

image.png.4721bf974442aec7c3afc67df078fcd8.png

Was this sent by the same law firm that sued you?  Is the dollar amount offered an amount you would consider paying as a settlement?

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2 hours ago, fisthardcheese said:

Was this sent by the same law firm that sued you?  Is the dollar amount offered an amount you would consider paying as a settlement?

Yes, the email came from the law firm that is suing me.  

I couldn't see an amount for settlement, I have to contact them for an amount, wasn't sure how that worked since I submitted the MTC. So I emailed them back what you suggested ...

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3 hours ago, fisthardcheese said:

It may not. It would depend on the arbitration language.  However, the actions of the attorneys certainly can be a violation against the JDB, so either way you can file those violations when the time comes.

 

That’s why I said “not necessarily”.  It would depend upon the language in the agreement.  I also agree that the JDB can be held vicariously liable for the actions of the debt collection attorney.  

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On 8/15/2020 at 12:16 AM, BV80 said:

That’s why I said “not necessarily”.  It would depend upon the language in the agreement.  I also agree that the JDB can be held vicariously liable for the actions of the debt collection attorney.  

I was reading thru your post, it says: "Go to the website of either AAA or JAMS, depending on which one your card agreement mentions.  Find the document titled "Demand for Arbitration".  The instructions for filing are at the top of this Demand form.  Remember that you are filing for CONSUMER arbitration, so follow the instructions for CONSUMER cases. When filing arbitration, I very strongly recommend filing some claim against the JDB.  Remember that when you ask for arbitration and file it, you have now flipped the roles.  YOU are the "Claimant" and THEY are the "respondent". 

Ok, so I went to the website and these are all the forms available, none are for filing a case as a consumer... https://www.jamsadr.com/rules-download/

Any guindance on what I need to do? @fisthardcheese  @BV80

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@Vaness@

See page 5:

Demand for Arbitration Form (continued)
JAMS Demand for Arbitration Form
CONSUMER AND EMPLOYMENT ARBITRATION
Completion of this section is required for all consumer or employment claims.

CONSUMER AND EMPLOYMENT ARBITRATION

Please indicate if this is a CONSUMER ARBITRATION. For purposes of this designation, and whether this case will be administered in California or elsewhere, JAMS is guided by California Rules of Court Ethics Standards for Neutral Arbitrators, Standard 2(d) and (e), as defined below, and the JAMS Consumer and Employment Minimum Standards of Procedural Fairness: 

YES, this is a CONSUMER ARBITRATION

https://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf

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On 8/31/2020 at 3:15 PM, Brotherskeeper said:

@Vaness@

See page 5:

Demand for Arbitration Form (continued)
JAMS Demand for Arbitration Form
CONSUMER AND EMPLOYMENT ARBITRATION
Completion of this section is required for all consumer or employment claims.

CONSUMER AND EMPLOYMENT ARBITRATION

Please indicate if this is a CONSUMER ARBITRATION. For purposes of this designation, and whether this case will be administered in California or elsewhere, JAMS is guided by California Rules of Court Ethics Standards for Neutral Arbitrators, Standard 2(d) and (e), as defined below, and the JAMS Consumer and Employment Minimum Standards of Procedural Fairness: 

YES, this is a CONSUMER ARBITRATION

https://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf

Thank YOU!!!!!! 

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Do I have to submit these fees??? 

D. Administrative Fees • For two-party matters, the Filing Fee is $1,750. For matters involving three or more parties, the filing fee is $3,000. The entire Filing Fee must be paid in full to expedite the commencement of the proceedings. Thereafter, a Case Management Fee of 12% will be assessed against all Professional Fees, including time spent for hearings, pre- and post-hearing reading and research and award preparation. JAMS also charges a $1,750 filing fee for counterclaims. For matters involving consumers, the consumer is only required to pay $250. See JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses. For matters based on a clause or agreement that is required as a condition of employment, the employee is only required to pay $400. See JAMS Policy on Employment Arbitrations, Minimum Standards of Fairness. JAMS may apply its Employment Minimum Standards where an individual claims to have been misclassified as an independent contractor or otherwise improperly placed into a category other than employee or applicant for employment. • A refund of $875 will be issued if the matter is withdrawn within five days of filing. After five days, the filing fee is non-refundable.

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@Vaness@

Consumer Arbitration Minimum Standards

7. With respect to the cost of the arbitration, when a consumer initiates arbitration against the company, the only fee required to be paid by the consumer is $250, which is approximately equivalent to current Court filing fees. All other costs must be borne by the company, including any remaining JAMS Case Management Fee and all professional fees for the arbitrator's services. When the company is the claiming party initiating an arbitration against the consumer, the company will be required to pay all costs associated with the arbitration.

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Goodness I feel like such a moron! and quite honestly, I think I have a mental block with all of this! (I promise I am usually sharp!) but I am so nervous about the next step and what follows that I divert into a kindergartner... Thankful everyday for this forum! 

I will be completing the form today/tomorrow.  Do I have a specific time to file this?  or should I file and then reach out to the company? And lastly, any way I can get some major assistance with completing all the questions in the form? 

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On 8/24/2020 at 11:12 AM, Vaness@ said:

Hiii All!  I got a letter from judge granting arbitration!  @fisthardcheese What is the next step? 

 

55 minutes ago, Vaness@ said:

Do I have a specific time to file this? 

What did this judge's "letter" say? Did the judge grant a stay of the case pending arbitration and include a 30 or 90 day stay for you to file within? 

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What does your card agreement say about paying arbitration fees?

Did the lawfirm ever reply to your email asking about the "settlement" letter they sent?

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1 minute ago, fisthardcheese said:

What does your card agreement say about paying arbitration fees?

Did the lawfirm ever reply to your email asking about the "settlement" letter they sent?

They never answered my email... I received the letter back from the court (the one submitted in the packet, the last page) The judge  checked off on the Granted but did NOT state a date - so where it says further, this case shall be stayed pending the outcome of private arbitration This _____ day of ___ 2020 was left blank.... 

 This is the card agreement term:

"We will pay our share of the filing, administrative, hearing and Arbiter’s fees. At your request, we will advance your share of these fees if you act in good faith and cannot get a waiver. We will always pay these fees if required under applicable law or the arbitration company’s rules or if payment is required to enforce this Clause.

When will we cover
your legal fees and
costs?
If you win. If you win an individual arbitration, we will pay your reasonable fees and costs for attorneys,
experts, and witnesses. We will also pay these amounts if required under applicable law or the
arbitration company’s rules or if payment is required to enforce this Clause. The Arbiter shall
not limit his or her award of these amounts because your Dispute is for a small amount. In
situations other than those described in this answer, you will be responsible for your own
attorney fees and other expenses.
Will you ever owe us
for arbitration or
attorneys’ fees?
Under certain
circumstances.
The Arbiter can require you to pay our fees if (1) permitted under applicable law or if the
Arbiter finds that you have acted in bad faith (as measured by the standards set forth in
Federal Rule of Civil Procedure 11 (b)); and (2) this power does not make this Clause invalid.
Can a failure to
resolve a Dispute
informally result in a
larger recovery for
you?
Yes. You are entitled to an arbitration award of at least $7,500 if: (1) you give us notice of a Dispute
on your own behalf (and not on behalf of any other party) and comply with all of the
requirements of this Clause (including the requirements described in response to the question
reading “What must a party do before starting a lawsuit or arbitration?”); (2) we refuse to
provide you with the relief you request before an Arbiter is appointed; and (3) the Arbiter
awards you money damages greater than the last amount you requested at least ten days
before the arbitration commenced. This is in addition to the attorneys’ fees and expenses
(including expert witness fees and costs) to which you are otherwise entitled. This $7,500
minimum award is a single award that applies to all Disputes you have raised or could have
raised in the arbitration. Multiple awards of $7,500 are not contemplated by this Clause.
Settlement demands and offers are strictly confidential. They may not be used in any
proceeding by either party except to justify a minimum recovery of $7,500

 

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Make sure you read the instructions on the Demand Form and send in everything required.  Last I checked you had to send 2 copies of everything including the Demand Form and the card agreement.  I would include a cover letter (only 1 copy of this is needed), I would state on my cover letter that I am opening a new arbitration case under a court order and that I am requesting JAMS to bill the consumer portion of the filing fee to the company per the enclosed contract.  Do not send any money in when filing.  JAMS will bill the full about to the JDB since the card agreement says you are allowed to ask them to pay it.

Send a single copy of everything to the attorney, including your cover letter. Send it CMRRR.

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On 9/3/2020 at 7:12 PM, fisthardcheese said:

Make sure you read the instructions on the Demand Form and send in everything required.  Last I checked you had to send 2 copies of everything including the Demand Form and the card agreement.  I would include a cover letter (only 1 copy of this is needed), I would state on my cover letter that I am opening a new arbitration case under a court order and that I am requesting JAMS to bill the consumer portion of the filing fee to the company per the enclosed contract.  Do not send any money in when filing.  JAMS will bill the full about to the JDB since the card agreement says you are allowed to ask them to pay it.

Send a single copy of everything to the attorney, including your cover letter. Send it CMRRR.

Ok, will do :) Thanks again!  please dont get tired of hearing it because I am so thankful.  This situation has my nerves wrecked.  

I am completing the form now, what do you suggest I put in the following: 

  • MEDIATION IN ADVANCE OF THE ARBITRATION If mediation in advance of the arbitration is desired, please check here and a JAMS Case Manager will assist the parties in coordinating a mediation session. (SHOULD I CHECK YES ON THIS?)
  • NATURE OF DISPUTE / CLAIMS & RELIEF SOUGHT BY CLAIMANT CLAIMANT HEREBY DEMANDS THAT YOU SUBMIT THE FOLLOWING DISPUTE TO FINAL AND BINDING ARBITRATION. A MORE DETAILED STATEMENT OF CLAIMS MAY BE ATTACHED IF NEEDED. (I have no idea what to write on here???)
  • ARBITRATION AGREEMENT ARBITRATION PROVISION LOCATION This demand is made pursuant to the arbitration agreement which the parties made as follows. Please cite location of arbitration provision and attach two copies of entire agreement. (I want it in Orlando, where I live, I have a small son and no help so I can't go anywhere easy... is that all they are requesting?)
  • By checking the box to the left, Claimant requests that the Expedited Procedures described in JAMS Comprehensive Rules 16.1 and 16.2 be applied in this matter. Respondent shall indicate not later than seven (7) days from the date this Demand is served whether it agrees to the Expedited Procedures. (do I want to expedite this? or is it better to drag it out??)
  • I dont have an address for the JDB - i googled it but they have many addresses in different states - I do have the representative attorney... does it matter which address I put for the JDB?

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22 hours ago, Vaness@ said:

MEDIATION IN ADVANCE OF THE ARBITRATION If mediation in advance of the arbitration is desired, please check here and a JAMS Case Manager will assist the parties in coordinating a mediation session. (SHOULD I CHECK YES ON THIS?)

NO

22 hours ago, Vaness@ said:

NATURE OF DISPUTE / CLAIMS & RELIEF SOUGHT BY CLAIMANT CLAIMANT HEREBY DEMANDS THAT YOU SUBMIT THE FOLLOWING DISPUTE TO FINAL AND BINDING ARBITRATION. A MORE DETAILED STATEMENT OF CLAIMS MAY BE ATTACHED IF NEEDED. (I have no idea what to write on here???)

Whatever claims you have against them

 

22 hours ago, Vaness@ said:

ARBITRATION AGREEMENT ARBITRATION PROVISION LOCATION This demand is made pursuant to the arbitration agreement which the parties made as follows. Please cite location of arbitration provision and attach two copies of entire agreement. (I want it in Orlando, where I live, I have a small son and no help so I can't go anywhere easy... is that all they are requesting?)

They are asking where the arbitration section is in your card agreement.  Just list the page number and section number of the arbitration section.

 

22 hours ago, Vaness@ said:

By checking the box to the left, Claimant requests that the Expedited Procedures described in JAMS Comprehensive Rules 16.1 and 16.2 be applied in this matter. Respondent shall indicate not later than seven (7) days from the date this Demand is served whether it agrees to the Expedited Procedures. (do I want to expedite this? or is it better to drag it out??)

DO NOT CHECK.

 

22 hours ago, Vaness@ said:

I dont have an address for the JDB - i googled it but they have many addresses in different states - I do have the representative attorney... does it matter which address I put for the JDB?

You don't send it to the JDB, you send it to their attorney who filed the lawsuit against you.

 

I would strongly suggest you read the arbitration post again.  All of this is spelled out in there.  Also start reading everything carefully for what it actually says.  Don't jump to conclusions and end up answering questions that are not asked.  Read everything twice at the very least.

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Thank you @fisthardcheese I honestly had a mental block - I read thoroughly and have submitted the paperwork to JAMS (triple checked their requirements) along with a cover letter asking them to bill the company for and sent a Certified mail to the attorney as well.  Thanks again for your help!  even at times reiterating what was already in front of my face... this thing can really take a toll but its also rewarding to advocate for yourself!  

This is the sample I sent to JAMS as cover letter: 

September 15, 2020

JAMS RESOLUTION CENTER

[ADDRESS]

                                   

Re: [VANESSA ] v. [          ].

I am opening a new arbitration case under a court order.  I am formally requesting JAMS to bill the consumer portion of the filing fee to the Respondent per the enclosed contract. 

_________________________________

NAME

_______________

Date

 

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8 hours ago, Vaness@ said:

this thing can really take a toll but its also rewarding to advocate for yourself!  

We all started the exact same way.  By the end of this, you will be ONE OF US. :)  Just continue to take a break and re-read everything and be slow and deliberate with both reading and responding.

8 hours ago, Vaness@ said:

September 15, 2020

JAMS RESOLUTION CENTER

[ADDRESS]

                                   

Re: [VANESSA ] v. [          ].

I am opening a new arbitration case under a court order.  I am formally requesting JAMS to bill the consumer portion of the filing fee to the Respondent per the enclosed contract. 

_________________________________

NAME

_______________

Date

Perfect.  Short and to the point, exactly how I do it.

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I finally got the letter from JAMS. 

I have to respond by 10/29/2020. I'm going to review the info on @fisthardcheese and see how to proceed. 

The DJB sent me a letter yesterday saying they want to work with me! 

Any advice?

Screenshot_20201015-183646.jpg

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If the attorney sent a letter saying they want to work out a deal, then I would email them and tell them that in the interest of further time and expense, you are willing to offer their client a mutual dismissal with prejudice.  You agree to drop the JAMS case with prejudice and they dismiss the court case with prejudice.

See how they reply to that email.

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What @fisthardcheese said, with prejudice. You don't want "without", you want "with". You are still far from statute of limitations, which is the time the JDB can sue you for the alleged debt. If you sign and agree to without prejudice you are just essentially giving  time for them to refile and do the exact same song and dance all over again.

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