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MTC Arbitration Granted


hdge4u
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sweet. the judge granted my motion to compel arb overriding the small claims court member agreement provision. 

my argument to the judge was that ordinary claims could be considered all claims and that this case could be more complex. 

the judge agreed and granted my motion. 

what are my best next steps? 

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1 hour ago, hdge4u said:

sweet. the judge granted my motion to compel arb overriding the small claims court member agreement provision. 

my argument to the judge was that ordinary claims could be considered all claims and that this case could be more complex. 

the judge agreed and granted my motion. 

what are my best next steps? 

I am pleasantly surprised by this. 
 

Next step is to file in arbitration. 
 

First, figure out what claims you have against them.  When I filed for arbitration I always had some claims against the other parties.  That can give you a ton of leverage. 

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  • 4 weeks later...

the plaintiff filed a motion to deny my MTC arb. it was filed AFTER my motion was granted and AFTER i initiated arb. the plaintiff's plea was weak anyway. I assume their plea is moot. just wanted to make sure, im not missing anything. apparently they really want to avoid arb and keep the matter in court. 

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  • 2 weeks later...

yes judged signed my order granting arb. filed with the court. the order came from the court. am i supposed to file it? 

my filing fee has been paid and AAA just sent the respondent notice that they are in receipt of the order and a bill and deadline. failure on their part to pay and this goes back to court where i will file a Motion to dismiss with Prejudice. what happens next? does a $5k retainer show up next?  

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On 1/16/2024 at 3:28 PM, hdge4u said:

yes judged signed my order granting arb. filed with the court. the order came from the court. am i supposed to file it? 

my filing fee has been paid and AAA just sent the respondent notice that they are in receipt of the order and a bill and deadline. failure on their part to pay and this goes back to court where i will file a Motion to dismiss with Prejudice. what happens next? does a $5k retainer show up next?  

@BackFromTheDebt @Bulldoger

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I never dealt with AAA. Only JAMS. 
 

The next step is a bill to the creditor for the AAA fees.  AAA wants money and doesn’t want to lose their clients.  If they are anything like JAMS, they will almost certainly give the creditor a few extra months to pay up before closing the case.  
 

usually after that is when the arbitrator is chosen.  I’m not sure exactly when AAA sends the bill for the retainer. 
 

What I, and some others, have found is: there are several windows for negotiating a settlement.  One of the best windows is after the time when you file in arbitration and before they pay the initial bill.  Of the 4 JAMS cases I had, in one case they simply walked away and never paid the bill, and the case was dropped.  In another I was able to negotiate a settlement before anyone paid JAMS fees.  
 

As far as the other windows:

it depends on the case. 
In one case, it was clear after discovery that the OC was in trouble because of serious violations of banking laws.  That is extremely rare, but led to a quick settlement. 
 

In another case, I did a bit of a gish gallop and buried a busy and inexperienced attorney in paperwork, and I also had a strong defense (which no longer works).  The opposing attorney agreed to my settlement terms when we were setting up the in person hearing.  A few others have reached settlements close to the hearing, before the creditor paid the retainer for the hearing.  So that is one of the best windows for settlement. 

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18 hours ago, BackFromTheDebt said:

I never dealt with AAA. Only JAMS. 
 

The next step is a bill to the creditor for the AAA fees.  AAA wants money and doesn’t want to lose their clients.  If they are anything like JAMS, they will almost certainly give the creditor a few extra months to pay up before closing the case.  
 

usually after that is when the arbitrator is chosen.  I’m not sure exactly when AAA sends the bill for the retainer. 
 

What I, and some others, have found is: there are several windows for negotiating a settlement.  One of the best windows is after the time when you file in arbitration and before they pay the initial bill.  Of the 4 JAMS cases I had, in one case they simply walked away and never paid the bill, and the case was dropped.  In another I was able to negotiate a settlement before anyone paid JAMS fees.  
 

As far as the other windows:

it depends on the case. 
In one case, it was clear after discovery that the OC was in trouble because of serious violations of banking laws.  That is extremely rare, but led to a quick settlement. 
 

In another case, I did a bit of a gish gallop and buried a busy and inexperienced attorney in paperwork, and I also had a strong defense (which no longer works).  The opposing attorney agreed to my settlement terms when we were setting up the in person hearing.  A few others have reached settlements close to the hearing, before the creditor paid the retainer for the hearing.  So that is one of the best windows for settlement. 

On 1/4/2024 at 12:04 AM, LaneBlane said:

Did the Judge sign an Order granting your MTC?  If so, has this been filed with the Court?

thanks for the insight. in the future is JAMS better than AAA? if so why or why not? Here's what AAA sent me. so it appears this is a window to offer a settlement? i'm gonna wait till after the 1st deadline to see what they do, if anything. 

image.png.569f127fe78a757c08ca2b6f26f101c5.png

 

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I don’t know about the past few years, but in the last JAMS was considered better than AAA. 
 

Several reasons:  

1. JAMS tends to be more comprehensive than AAA.  Consider my case against one of the more aggressive creditors:  I had a strong defense (not applicable in your case), I could swamp them with paperwork.  There were lots of update hearings.  And, we were in the process of scheduling an expensive hearing in my home town.  The arbitrator was a few hours away, so the OC would have to pay for her travel, at least one night at a hotel near the courthouse (we were going to rent a room in the courthouse for the hearing) and all sorts of other expenses for that hearing. The comprehensive nature of JaMS made it easy for me to drown them in paperwork.  I don’t know if I could’ve done that with AAA.  I honestly don’t know. 
 

In any case, some posters who have done both felt that the comprehensive nature of JAMS made it better for the consumer.  
 

2.  JAMS is more expensive than AAA.
While there are certainly OCs and even a few JDBs that will pursue a case to the ends of the earth, spending tens of thousands or more to retrieve a few thousand, the extra cost puts more pressure on them.  This increases your negotiating power.  As others have pointed out, you need some leverage to negotiate.  Many OCs would rather get a small amount now than have to spend a great deal of time and money getting a larger amount.  
 

To answer your question— yes, you are in one of the best windows for negotiation now. I would strongly suggest sending out an offer by email to the opposing attorney today or at the latest Monday morning 

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On 1/24/2024 at 2:05 PM, LaneBlane said:

You don't want to appear to be too desperate at this stage.   Their deadline is at the end of the month, so the ball is in their court.  Let's see what they do.

thanks. i was thinking the same thing. 

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On 1/24/2024 at 2:05 PM, LaneBlane said:

You don't want to appear to be too desperate at this stage.   Their deadline is at the end of the month, so the ball is in their court.  Let's see what they do.

Exactly.  
 

Just be warned that these deadlines are not always carved in stone.  The arbitration firms want business, and will usually wait another month or three before actually closing the case.
 

Once the case is closed you have quite a bit more leverage. 

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3 hours ago, BackFromTheDebt said:

Just be warned that these deadlines are not always carved in stone.  The arbitration firms want business, and will usually wait another month or three before actually closing the case.

Sometimes the waiting is the hardest part.

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19 hours ago, LaneBlane said:

Sometimes the waiting is the hardest part.

So true.  
Not just in arbitration. I had a number of accounts which hit SOL at the same time (6 years in my state) and waiting to see if I would get sued in the very last minute was a real worry.  
 

For those who are wondering, almost all of the ones close to SOL simply fell off.  One account sat in the desk drawer of a lawyer who quit the small firm.  They finally hired a replacement who reactivated many of these cases, and contacted me a few months before SOL.  I took that one to arbitration and buried the young attorney with paperwork.  Being the only debt collection lawyer in his firm, he finally agreed to a very favorable settlement to get all the paperwork off his desk. 

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13 hours ago, BackFromTheDebt said:

Not just in arbitration. I had a number of accounts which hit SOL at the same time (6 years in my state) and waiting to see if I would get sued in the very last minute was a real worry.  

When I filed an MTC years ago, it seems like I waited months for the JDB to pay their filing fee.  After we went through the process of selecting an arbitrator, another month or two passed without hearing anything from the JDB.  Because they never paid the required deposit, JAMS eventually closed the case for non-payment. 

The SOL was about three years from being up, so I stayed quiet.  Even after the court closed the case (without prejudice) for failure to prosecute, I waited for the SOL to toll before I did anything.  That's when I filed in small claims against the JDB for FCRA violations, reimbursement of my arbitration filing fee, and reimbursement of attorney's fees under the arbitration agreement.  The JDB sent me a check for the entire amount of my complaint.

 

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the deadline for the respondent has passed and they have not paid. AAA extended the deadline, wtf? i consider this deadline miss as a violation of the court order. could i request AAA to close the case return my money and take this back to the court with a motion to dismiss? 

whats the purpose of the deadline. what we tolerate we get, and if this deadline miss is not confronted it lowers the standard for everything. 

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32 minutes ago, hdge4u said:

the deadline for the respondent has passed and they have not paid. AAA extended the deadline, wtf? i consider this deadline miss as a violation of the court order. could i request AAA to close the case return my money and take this back to the court with a motion to dismiss? 

whats the purpose of the deadline. what we tolerate we get, and if this deadline miss is not confronted it lowers the standard for everything. 

That is the first deadline it is common to get a second or even third deadline.  Eventually the administrator will close case if they don't pay.  

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this is a court ordered arbitration. not a consumer filing. i find it reasonable to take this back to the court and motion to dismiss and ask for judge to consider a settlement and release or at least Prejudice dismissal. 

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26 minutes ago, hdge4u said:

this is a court ordered arbitration. not a consumer filing. i find it reasonable to take this back to the court and motion to dismiss and ask for judge to consider a settlement and release or at least Prejudice dismissal. 

It was the one where Judge ordered Arbitration even though there was a small claims cut out ?

If so I wouldn't risk it you got lucky IMO just wait for AAA to close case what is the rush?  

How many days was case stayed? was a date set to go over what was happen in Arbitration?  If so that is when to bring up them not paying fees if case is not closed by then.   

 

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2 hours ago, hdge4u said:

the deadline for the respondent has passed and they have not paid. AAA extended the deadline, wtf? i consider this deadline miss as a violation of the court order. could i request AAA to close the case return my money and take this back to the court with a motion to dismiss? 

whats the purpose of the deadline. what we tolerate we get, and if this deadline miss is not confronted it lowers the standard for everything. 

AAA extended the deadline, so the JDB isn't in violation of the court order.   The last thing you want to do is ask AAA to close the case.  Then you'd be the one who appears to be blocking arbitration.

As I recommended a ways back, you need to be patient and wait on this.  There's no action for you to take at this time.  It's certainly not an appropriate time to file an MTD.  You asked the court to send this to arbitration.  You need to give the JDB every opportunity to arbitrate... until the AAA decides to close the case for non-payment.

 

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