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AAA may decline arbitration…


GGLorox
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So it looks like the JDB is refusing to comply with AAA consumer arbitration rules and pay its filling fees. 

AAA sent a letter in September requesting the JDB to “submit their current or proposed consumer agreements to the AAA for review and inclusion on the Consumer Clause Registry,” which costs $500.  AAA also asked that the JDB waive a provision in the arbitration contract because it violates one of their protocols and to pay a fee of over $3000. The waiver and payment that was due October 7th wasn’t received so AAA sent another letter giving the JDB a second chance to comply with their request.  They have until October 22nd to do so before AAA decides to close my case.

I don’t think they’ll go through the arbitration process not because it’s 3x more costly for them so it’s better to settle, but more so to get their case back into court.  How should I proceed if they sue me again?

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What is happening with the lawsuit in VA court?  If it was dismissed they can't file as it's definitely passed the SOL now.  Was it dismissed?

What happen with the motion to dismiss due to the Statutes of Limitations being over?

If the case was stayed and judge gave you a show cause date.  You can have the case dismissed for JDB not participating in Arbitration. 

 

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6 hours ago, GGLorox said:

I don’t think they’ll go through the arbitration process not because it’s 3x more costly for them so it’s better to settle, but more so to get their case back into court.  How should I proceed if they sue me again?

If a judge has ruled that they other side must follow the contract and use private contractual arbitration, they simply cannot refuse to pay the fees and use their own refusal to get the case back into court. That is called a failure to follow a court order and courts do not take kindly to parties that fail to follow their orders.

What has happened is that they, the writers of the contract, are saying that they do not want to follow one of the terms of the contract now because it is inconvenient for them to follow it while you, who were told to take it or leave it in regards to the contract, must follow its terms to the letter. The courts do not allow a situation like that because it would be unfair to the party that was told to take or leave the contract. They put the arbitration clause into the contract for their benefit and now, since it is not beneficial to them, they don't want to follow the clause they put in.

So, if the AAA case is closed and the court case is still open pending arbitration, you file what is a motion for sanctions which asks that the court punish the other party for not following the orders of the court and request a remedy, including dismissal with prejudice. In that, you inform the court that the reason arbitration did not happen was due to the other parties refusal to follow the court order.

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12 hours ago, Bulldoger said:

What is happening with the lawsuit in VA court?  If it was dismissed they can't file as it's definitely passed the SOL now.  Was it dismissed?

What happen with the motion to dismiss due to the Statutes of Limitations being over?

If the case was stayed and judge gave you a show cause date.  You can have the case dismissed for JDB not participating in Arbitration. 

 

Regarding the lawsuit, after I submitted my motion to dismiss due to SOL and my grounds of defense, which included arbitration and SOL, the lawyer dismissed my case (without prejudice) agreeing to arbitration.  My SOL motion was never heard by the judge.  

 

6 hours ago, WhoCares1000 said:

If a judge has ruled that they other side must follow the contract and use private contractual arbitration, they simply cannot refuse to pay the fees and use their own refusal to get the case back into court. That is called a failure to follow a court order and courts do not take kindly to parties that fail to follow their orders.

What has happened is that they, the writers of the contract, are saying that they do not want to follow one of the terms of the contract now because it is inconvenient for them to follow it while you, who were told to take it or leave it in regards to the contract, must follow its terms to the letter. The courts do not allow a situation like that because it would be unfair to the party that was told to take or leave the contract. They put the arbitration clause into the contract for their benefit and now, since it is not beneficial to them, they don't want to follow the clause they put in.

So, if the AAA case is closed and the court case is still open pending arbitration, you file what is a motion for sanctions which asks that the court punish the other party for not following the orders of the court and request a remedy, including dismissal with prejudice. In that, you inform the court that the reason arbitration did not happen was due to the other parties refusal to follow the court order.

I wasn’t able to file an MTC because the lawyer dismissed the case before I had the chance. 

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3 hours ago, GGLorox said:

Regarding the lawsuit, after I submitted my motion to dismiss due to SOL and my grounds of defense, which included arbitration and SOL, the lawyer dismissed my case (without prejudice) agreeing to arbitration.  My SOL motion was never heard by the judge.  

 

Your defense was SOL and arbitration was your backup if for any reason Judge ruled against the motion to dismiss.   Your SOL was a very solid defense and the lawyer took advantage of you by agreeing to arbitration knowing the SOL had passed and they could be sued buy you for $1000 plus your attorney fees if judge ruled on your motion. So your SOL was never hear and the attorney got JDB out of paying $1000 and your attorney fees and also bought some time (6 months). Time to get settlement, time to get a payment from you to restart SOL period.    

Note the date the lawyer dismissed case. Va. Code § 8.01-229(E)(3), creates the familiar “6 month savings period.” Basically, if you dismiss your lawsuit without prejudice after the statute of limitations has run, you get 6 months from the date of the entry of the order of dismissal to refile your action.

 

16 hours ago, GGLorox said:

So it looks like the JDB is refusing to comply with AAA consumer arbitration rules and pay its filling fees. 

It appears you have filed with AAA. Did you complaint in the AAA case you filed state that the JDB was attempting to pursue a debt passed the SOL.  

The important thing now is not to settle for any amount.  Do not make a payment.  Now you just want to wait it out and see if they pay fees ( I don't think they will pay fees as that could put them again in position for a counter claims by you for $1000 ).   

Keep letter from AAA about how case was ended due to JDB not paying fees. You can use this in case they refile in six months (unlikely). 

 "but more so to get their case back into court.  How should I proceed if they sue me again?"

Best thing that can happen, refile your Grounds of Defense and motion to dismiss SOL.  Ask judge to rule on motion to dismiss take the order to any consumer attorney and say can you get me $1000. They will say sure have a seat thank you coming in today. 

Once 6 months have passed from the date of dismissal (found on virginia court systems online https://eapps.courts.state.va.us/gdcourts/captchaVerification.do?landing=landing ) your definitely good to go. 

They can't sue you after 6 months until then keep a close eye on the court docket search your name see if case has been filed don't rely on being served JDB have been know to fake service to get default judgement. I had that done to me and I didn't find out until HR told me they were trying to garnish my wages. 

My advice is to lay low don't contact JDB about settling just wait it out.  Your SOL had passed before the original case was filed I don't see them opening up your can of worms again.  Now it's up to you not to fall for any of their tricks that would restart your SOL.   

 

 

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4 hours ago, Bulldoger said:

My advice is to lay low don't contact JDB about settling just wait it out.  Your SOL had passed before the original case was filed I don't see them opening up your can of worms again.  Now it's up to you not to fall for any of their tricks that would restart your SOL.   

Yeah, it makes sense that the lawyer was trying to avoid a lawsuit for an FDCPA violation, so they nonsuited.  I will refuse any settlement offer and keep an eye on any pending case from this lawyer.  Thank you very much!

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I did not know about the SOL issue. That makes things even more interesting.

If they do file in court again after not paying the AAA fees, file an answer again with your affirmative defenses of SOL and lack of jurisdiction but include a counter claim for FDCPA violation based on SOL. This will mean that they cannot dismiss again without working with you. You have the right to have your SOL claim and MTC heard because those issues have not been heard yet.

I have a feeling however that they have already given up on your file and might have even sold it along with a warning that you will fight them. They do not want to go back to court because they know that you are ready to hand their rear ends to them. They are going to move along and leave you alone.

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On 10/11/2021 at 12:10 PM, WhoCares1000 said:

I did not know about the SOL issue. That makes things even more interesting.

If they do file in court again after not paying the AAA fees, file an answer again with your affirmative defenses of SOL and lack of jurisdiction but include a counter claim for FDCPA violation based on SOL. This will mean that they cannot dismiss again without working with you. You have the right to have your SOL claim and MTC heard because those issues have not been heard yet.

I have a feeling however that they have already given up on your file and might have even sold it along with a warning that you will fight them. They do not want to go back to court because they know that you are ready to hand their rear ends to them. They are going to move along and leave you alone.

Thank you for the advice on the counterclaim.  I really hope they leave my case alone!

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