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Judgement awarded in California


RG55
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10 hours ago, Bulldoger said:

Yes, if you don't have any counterclaims.

They can still pay the JAMS fees and handle case in arbitration.  

At this point justwait and see if LVNV pays JAMS fees. 

If they don't JAMS will close case. 

I too think they will not be paying fees. There s a chance they close CA case since case is in Arbtration . 

you now ghost them and wait to see if they pay or not. 

 

There are three possibilities, and the third one is rare. 
 

1.  They pay the arbitration fees and continue in arbitration.  Less likely because they usually leave the case open to easily confirm the award in court. But possible and not rare. 
 

2.  They abandoned the case for lower hanging fruit.  Most likely scenario. 
 

3.  They are temporarily abandoning the case but will try to revive it close to SOL.  This is extremely unlikely because the case will have been sent to arbitration by court order and closed in arbitration.  

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8 hours ago, RG55 said:

If JAMS/AAA  Closes the case due to non-payment from the respondent, do I file a motion for dismissal with prejudice?

 

8 hours ago, BackFromTheDebt said:

2.  They abandoned the case for lower hanging fruit.  Most likely scenario. 
 

I would just keep copies of Court Records and JAMS emails on the cloud and/or backup on usb.  And if they try filing again then answer with motion to dismiss as they had thier oportunity to resolve issue  per Court Ordered Arbitrtion and refused to do so.  

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36 minutes ago, Bulldoger said:

 

I would just keep copies of Court Records and JAMS emails on the cloud and/or backup on usb.  And if they try filing again then answer with motion to dismiss as they had thier oportunity to resolve issue  per Court Ordered Arbitrtion and refused to do so.  

Good idea.  
 

Keep everything until at least the SOL has passed, and then a while longer. 
 

I did once have a zombie case resurrected, although it hadn’t been in court.  The case was abandoned by a law firm and someone found it in a file cabinet just before SOL.  By saving everything I was able to beat the case. 

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  • 2 weeks later...

These are the fees that LVNV would have to pay to continue the case in private arbitration with AAA;

Initial Filing Fee - $300

Case Management Fee - $1400
Arbitrator Compensation Deposit - $1500

When the arbitration process first starts, LVNV would be asked to pay the $300 initially and then weeks later, they will get hit with the bigger bill for $2900 (The Case Management Fee + the Arbitration Compensation Deposit). Has LVNV just paid the initial $300 so far? Sometimes a junk debt buyer will pay the $300 but then run away once the second bill for thousands of dollars comes. Also may I ask how much they are suing you for?
 

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6 hours ago, iluv2write said:

These are the fees that LVNV would have to pay to continue the case in private arbitration with AAA;

Initial Filing Fee - $300

Case Management Fee - $1400
Arbitrator Compensation Deposit - $1500

When the arbitration process first starts, LVNV would be asked to pay the $300 initially and then weeks later, they will get hit with the bigger bill for $2900 (The Case Management Fee + the Arbitration Compensation Deposit). Has LVNV just paid the initial $300 so far? Sometimes a junk debt buyer will pay the $300 but then run away once the second bill for thousands of dollars comes. Also may I ask how much they are suing you for?
 

I agree that the majority of the time, debt buyers will not arbitrate.  However, their reasoning for running from arbitration may not always be the cost of arbitration due to a low balance owed by the consumer.  It could be that one of the reasons is that it simply requires more effort than a basic lawsuit.

Businesses get tax deductions for costs related to doing business.  Legal fees related to getting paid are part of doing business.  They are tax deductible.  So businesses don’t lose nearly as much by arbitrating as people think they do.

I don’t know how much leeway to make decisions that banks and debt buyers give their attorneys.  There seems to be some attorneys who are more aggressive while others are downright lazy.  The aggressive ones are more willing to fight for their business clients while the lazy ones will dismiss when consumers show an interest in defending themselves.  If a business has given its attorney a good bit of leeway to determine whether or not a balance should be pursued, it might be that the outcome is going to be dependent on the work ethic of that attorney.

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Hello @iluv2write @BV80

The total they are sueing for is $8,000.  So far they have only paid the initial filing fee of $375.  I paid the initial  filing fee of $225.  I think that they went ahead and paid the $375 due to it being a court order arbitration and they wouldn't want to look bad? AAA emailed so far LVNV has until July 20, 2023 to file an answer and counterclaim, but if they file after that date they will still send it to the arbitrator ( that's not fair, a deadline is a deadline, lol)   

Would I be able to ask for a bill of particulars in arbitration, if it gets that far? I'm in california

 

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1 hour ago, RG55 said:

Would I be able to ask for a bill of particulars in arbitration, if it gets that far? I'm in california

Arbitration goes by state law specified in underlining contract you used to get into arbitration. Somewhere in the contract it will mention which state law governs (UTAH, Delaware, Virginia, North Dakota are common.)  Look at the contract an study up the rules for stated state. 

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  • 2 weeks later...

Hello,

I'm not understanding something maybe ya'll can help me.  @Bulldoger who graciously helped me with my other problem child lol.  Here's a little run down.

5-1-23 (Received the court order to go to arbitration, received the signed order from the judge)

5-16-23 (Filed with AAA arbitration)

6-17-23 (Paid AAA fees of $225)

6-30-23 (LVNV/Mandarich paid AAA fees of $375)

7-10-23 (I looked at the courts website today 7-21-23, it says Restored to Courts Control on 7-10-23) ???????What does that mean, how did that happen?

7-11-23 (LVNV/Mandarich filed a request for dismissal without prejudice)

7-17-23 (I sent a letter to LVNV/Mandarich requesting a mutual dismissal with prejudice)

Where do I go from here?  Do I need to cancel my arbitration claim?

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Looks like you lucked out. LVNN is dismissing court case. Your arbitration case is still open but if appears LVNV will not pay thier required arbitration  fees.  AAA will close the case.  Don't dismiss your arbitration case. AAA will give you a letter that they closed case because LVNV didn't pay fees.  Keep it just in case they file again. you can show Judge they were in contempt disobeying the court ordered that they arbitrate. 

 

On 7/11/2023 at 1:29 AM, iluv2write said:

These are the fees that LVNV would have to pay to continue the case in private arbitration with AAA;

Initial Filing Fee - $300

Case Management Fee - $1400
Arbitrator Compensation Deposit - $1500

When the arbitration process first starts, LVNV would be asked to pay the $300 initially and then weeks later, they will get hit with the bigger bill for $2900 (The Case Management Fee + the Arbitration Compensation Deposit). Has LVNV just paid the initial $300 so far? Sometimes a junk debt buyer will pay the $300 but then run away once the second bill for thousands of dollars comes. Also may I ask how much they are suing you for?
 

 

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5 hours ago, Bulldoger said:

Looks like you lucked out. LVNN is dismissing court case. Your arbitration case is still open but if appears LVNV will not pay thier required arbitration  fees.  AAA will close the case.  Don't dismiss your arbitration case. AAA will give you a letter that they closed case because LVNV didn't pay fees.  Keep it just in case they file again. you can show Judge they were in contempt disobeying the court ordered that they arbitrate. 

 

 

As a rule of thumb, when dealing with debt collectors, keep absolutely everything until the case is completely dead, and maybe for a few years after. 
 

There is one case for my wife where the OC violated the law in their debt collection by outright lying about the account.  Five or six years later we are in arbitration.  As part of discovery I send a copy of this letter to their attorney.  He dropped that case like a hot potato. 

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  • 2 months later...

Hi everyone, I'm back... just when I thought I was out of the woods on this case. I celebrated to early, uughhh. Arbitration was closed due to no payment from the debt buyer and they closed the court case.  I now get an email today.  Where do I go from here?  Of course if they want to reopen I'm not going to agree 

 

Edited by RG55
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I maybe wrong but it looks to me like the Law Firm dropped the suit once it got in Arbitration. 

To reopen they need to pay the fees and they have to get your permission. 

What AAA is saying is that Resurgent is not party to the Arbitration (not attorney or plaintiff) an has no say in the matter. 

IMO Case is closed. Arbitration is closed.  

JDB only option to collect now is to sue you back in court where they have to explain why they refused a Court Order.  Good luck finding law firm to do that. 

Until you get a certified letter from Resurgent  requesting to agree to open Arbitration just chill.  

Cross that bridge when and if it happens. 

 

 

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