Arbitration with JAMS

[Dan001 1]

@fisthardcheese @BV80@BackFromTheDebt@alwayswinning36If the other party did not pay the arbitration fee and JAMS closed the arbitration case and send a closure email to the parties, how do I file that in court to dismiss the case with prejudice: Pls I need the process step by step pls? Thanks so much to all the great people here dedicating their time (money) to help us all out. 

[BackFromTheDebt 243]

Did the court order arbitration?

If so, write up a motion for sanctions against the plaintiff for violating the court order to arbitrate.  Include the evidence from JAMS. 
 

Include a proposed order for the judge to sign to dismiss the case with prejudice. 
 

Print out at least 3 copies.  Save a copy for yourself, file a copy with the court, and mail a copy to the opposing attorney CMRRR. 

[Dan001 1]

@BackFromTheDebt Yes , the court ordered it. Thanks so much. Please, any sample of this motion?

Thanks so much

[BackFromTheDebt 243]

I didn't file such a motion when I had the chance, so I don't have a sample.  

[Dan001 1]

@BackFromTheDebt

ok, thanks

[alwayswinning36 13]

I am not 100% (I am not an attorney), but I would imagine you would write it up as a motion to dismiss, then state the facts just as you would any other filing. Cite that the debt buyer did not fulfill its obligations/duties/rights under the court order for arbitration and you are seeking for dismissal with prejudice. The proposed order will say something to the affect of ORDER OF DISMISSAL, and state on such and such date came to be heard this matter and the court orders this case to be _dismissed with prejudice or _dismissed without prejudice. And then have a spot for the Judge to sign the order.

[Dan001 1]

@alwayswinning36Thanks so much. I have being searching for an example of such but have not being lucky finding one yet. Thanks so much.

[admin 896]

[Dan001 1]

@BigSisterisWatching

Thanks; I will see how I will format this to suit my case; thanks so much. I searched some other places and the suggestions are many : motion to dismiss for failure to arbitrate; asking the court to hold them in contempt for failing to carry out the judge's order to arbitrate; constitute an unfair trade practice under the local unfair competition law. these are from attorneys. 

[fisthardcheese 1,486]

On 12/21/2020 at 5:56 AM, Dan001 said:

@BigSisterisWatching

Thanks; I will see how I will format this to suit my case; thanks so much. I searched some other places and the suggestions are many : motion to dismiss for failure to arbitrate; asking the court to hold them in contempt for failing to carry out the judge's order to arbitrate; constitute an unfair trade practice under the local unfair competition law. these are from attorneys. 

I don't know about the unfair trade practices.  This doesn't need to be very complicated.  Simply make a motion titled Defendant's Motion to Dismiss With Prejudice and Sanction Plaintiff.  In the motion I would recap everything leading up to this point, such as Plaintiff filed the complaint on XX date, Defendant filed a Motion to Compel Arbitration on XX date, The Court Granted Defendant's motion to compel arbitraiton on XX date and ordered that [whatever was said about filing arbitration].  State that Defendant filed the arbitration case with JAMS (include a copy of your JAMS demand file), state that JAMS required Plaintiff to complete their portion of the filing by XX date, and that Plaintiff failed to comply with JAMS (include a copy of all emails from JAMS).  State that JAMS closed their file due to non response from the plaintiff on XX date, and as such, the Plaintiff is in direct violation of This Court's order to arbitrate this matter.  in your prayer for relief, I would ask that The Court grant defendant's motion to dismiss with prejudice and any and other such sanctions that the Court deem proper.

That's all you need.

[fisthardcheese 1,486]

12 hours ago, fisthardcheese said:

I don't know about the unfair trade practices.  This doesn't need to be very complicated.  Simply make a motion titled Defendant's Motion to Dismiss With Prejudice and Sanction Plaintiff.  In the motion I would recap everything leading up to this point, such as Plaintiff filed the complaint on XX date, Defendant filed a Motion to Compel Arbitration on XX date, The Court Granted Defendant's motion to compel arbitraiton on XX date and ordered that [whatever was said about filing arbitration].  State that Defendant filed the arbitration case with JAMS (include a copy of your JAMS demand file), state that JAMS required Plaintiff to complete their portion of the filing by XX date, and that Plaintiff failed to comply with JAMS (include a copy of all emails from JAMS).  State that JAMS closed their file due to non response from the plaintiff on XX date, and as such, the Plaintiff is in direct violation of This Court's order to arbitrate this matter.  in your prayer for relief, I would ask that The Court grant defendant's motion to dismiss with prejudice and any and other such sanctions that the Court deem proper.

That's all you need.

In fact, if it were me, I would type up my motion and before I file with the court, I would email a copy to the attorney and say that I intend to file this motion, but as a courtesy I will hold off filing for [3 days or 5 days or what you feel is reasonable] and give your client a chance to accept my settlement offer of a mutual dismissal with prejudice.  It kind of gives the attorney a chance to save face and not be embarrassed in court by a showing he failed to comply with a court order and saves you the hassle of another potential court hearing as well.  I would say there is a fairly good chance that they accept the last second settlement offer.  But it is up to you if you want to do this prior to filing the motion or not.

[Dan001 1]

@fisthardcheese 

Thanks so much. I wish you all the heavenly blessings instore for you this year and beyond; as well as other people here who have being awesomely helpful to most of us here who don't know anything before now but have navigated this rough terrain with your help. Keep doing the good work, remain blessed

[Dan001 1]

@fisthardcheese @BackFromTheDebt@

JAMS sent an email that plaintiff wants to pay the fees and reopen the case for arbitration. I have not submitted my motion for dismissal yet. What do you suggest that I do????

Thanks so much

[BackFromTheDebt 243]

This could make a dismissal a bit trickier.  Did you ever contact the other side and offer a mutual walkaway?