Melvin Posted April 19 Report Share Posted April 19 I started a topic in a separate forum regarding claim filed against me by LVNV (OC is WebBank). I was pointed in the right direction regarding arbitration and am filing both my answer and MTC arbitration together. The arbitration clause was provided with the complaint. My deadline to file the answer is Friday, April 22. Also, I'm in Texas. I have a process question. At what point do I submit the demand form with AAA- before I file with the court, or once the court schedules a hearing? Also, I am going with AAA basically because of the lower filing fee. Any indication that either AAA or JAMS has a better track record for the defendant? Thanks for all the sage advice and insight on these forums. I am learning so much here. Quote Link to comment Share on other sites More sharing options...
nobk4me Posted April 19 Report Share Posted April 19 I would wait until after the MTC is granted. And I would go with JAMS if there is a choice. Quote Link to comment Share on other sites More sharing options...
Melvin Posted April 19 Author Report Share Posted April 19 Thanks! Any particular reason for the JAMS preference? Quote Link to comment Share on other sites More sharing options...
nobk4me Posted April 20 Report Share Posted April 20 JAMS has the reputation of being fairer to the consumer, and is more expensive for the creditor. Making debt collection too expensive for them is a major part of the arb strategy. 1 Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted April 20 Report Share Posted April 20 Another point — it might be a good idea to mention JAMS in the motion. The first time I filed an MTC the judge asked the plaintiff if they had done arbitration before and the plaintiff mentioned JAMS so the judge ordered JAMS. So if you mention JAMS in the filing, you are more likely to get to choose JAMS Quote Link to comment Share on other sites More sharing options...
Melvin Posted April 21 Author Report Share Posted April 21 Thank you! That is very good to know. Quote Link to comment Share on other sites More sharing options...
Melvin Posted April 22 Author Report Share Posted April 22 On 4/20/2022 at 4:14 PM, BackFromTheDebt said: Another point — it might be a good idea to mention JAMS in the motion. The first time I filed an MTC the judge asked the plaintiff if they had done arbitration before and the plaintiff mentioned JAMS so the judge ordered JAMS. So if you mention JAMS in the filing, you are more likely to get to choose JAMS I didn't specify I hope that doesn't come back to bite me. Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted April 22 Report Share Posted April 22 2 hours ago, Melvin said: I didn't specify I hope that doesn't come back to bite me. Probably not. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.