Proof of Service - Jams Arbitration

[stitch7022]

Hello,

Does anyone know the correct procedure for serving the jdb after your motion for arbitration has been granted?  Can I just mail the jdb’s attorney the arbitration materials myself?  I am using jams to arbitrate.  

[Brotherskeeper]

@stitch7022

@fisthardcheese covers this in his pinned thread; see bold text below: 

Filing The Arbitration Case

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".  This is essentially like you are now "suing" the JDB, only in arbitration instead of court.  Think of it just like that.  You would not file a lawsuit against yourself, so do not do it in arbitration.  I would never mention THEIR claims against me, nor the debt in any way.  Instead, I only file MY claims against the JDB.  Do not worry at this stage about the details of your claims because this initial claim is allowed to be changed, added to or dropped at any time before an arbitrator is assigned to the case (and even after, you can still make changes with the arbitrator's permission).  If you have nothing very strong with proof against the JDB, I would file with something such as "violations of state and federal consumer debt collection laws"  or perhaps, "Violation of the Fair Debt Collection Practices Act", etc.  Or even a simple "Billing dispute" will do if you have no violations of law against them. Again, it doesn't need to be more detailed then that at this stage and if your claims never pan out, you have the ability to drop them later (or you may find NEW claims to add if the JDB violates the laws during the ongoing case).

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.

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.

[stitch7022]

Ok awesome, I didn’t see that part.  Thanks!