Arbitration Motion granted, but we must initiate!! HELP!

[trueq]

This is why its important to tell judge, in his stay order, "Mr. certified professional bar lawyer over here should do the initiating."

"A pro se' litigant can't be expected to navigate such a complex legal process!"

If judge orders you to initiate arbitration anyway....

THATS WHEN YOU HIT MONSTER MEGA BANK WITH A BIG INITIAL CLAIM, IN THE INITIATION PROCESS! Do not even mention their claim....you are not obligated to forward their claim for them....after all, they whined to have consumer initate....the consumer doesn't know and can't be expected to know how to practice law for giant mega bank.

Almost anything goes in arbitration! Including huge claims against bank!

This forces Cap1 to face your claim only! In theory, JAMS, if chief legal counsel, Jay Welsh, is true to his 9/29/09 FTC testimony/rountable discussion, should reject any counterclaim for the debt because JAMS "doesn't do debt collection." If they accept monster mega bank debt collection counter claim, I will be suing JAMS for deceptive trade practice.

So if you run into a lemon judge....make lemonade.

That's what I did!

[bevj2]

Originally Posted by trueq

This is why its important to tell judge, in his stay order, "Mr. certified professional bar lawyer over here should do the initiating."

"A pro se' litigant can't be expected to navigate such a complex legal process!"

If judge orders you to initiate arbitration anyway....

THATS WHEN YOU HIT MONSTER MEGA BANK WITH A BIG INITIAL CLAIM, IN THE INITIATION PROCESS! Do not even mention their claim....you are not obligated to forward their claim for them....after all, they whined to have consumer initate....the consumer doesn't know and can't be expected to know how to practice law for giant mega bank.

Almost anything goes in arbitration! Including huge claims against bank!

This forces Cap1 to face your claim only! In theory, JAMS, if chief legal counsel, Jay Welsh, is true to his 9/29/09 FTC testimony/rountable discussion, should reject any counterclaim for the debt because JAMS "doesn't do debt collection." If they accept monster mega bank debt collection counter claim, I will be suing JAMS for deceptive trade practice.

So if you run into a lemon judge....make lemonade.

That's what I did!

Okay, so say that happens, judge orders defendant to initiate claim, and I do so with a claim against OC for whatever, but the original claim of plaintiff is not even addressed. Can the plaintiff then come back to court and say defendant did not comply with court order because the arbitration claim initiated by defendant had nothing to do with the original dispute/lawsuit of the plaintiff against defendant? Note - this scenario is with the original OC, not a JDB. Thoughts???

[david9041]

Bevj2 , interesting point , mayby we should address their claim and then file a claim against them

Repost----- Default Trueq
Trueq , the arbitration act does not state 60 days , where do they come up with a time limit . The motion they filed states "Upon notification by the Defendant to this Court that arbitration has been initiated ,plaintiff will submit a notice of voluntary dismissal "

Initiated would be the filing with JAM's correct ?



Stay 60 days...Court has "froze" case for 60 days...nothing that can happen during that time. If you show court you "initiated with JAMS, by sending them a copy of paperwork, court than usually stays permanently "pending outcome of arbitration."

[bevj2]

Originally Posted by david9041

Bevj2 , interesting point , mayby we should address their claim and then file a claim against them"

What if I have no claim? They're suing me....I'm not suing them! And, in my situation, I can't think of anything to sue them for. They have done nothing wrong.....yet.....

[scardKaren]

Originally Posted by bevj2

What if I have no claim? They're suing me....I'm not suing them! And, in my situation, I can't think of anything to sue them for. They have done nothing wrong.....yet.....

Think harder.

[scardKaren]

Originally Posted by david9041

Bevj2 , interesting point , mayby we should address their claim and then file a claim against them

Repost----- Default Trueq
Trueq , the arbitration act does not state 60 days , where do they come up with a time limit . The motion they filed states "Upon notification by the Defendant to this Court that arbitration has been initiated ,plaintiff will submit a notice of voluntary dismissal "

Initiated would be the filing with JAM's correct ?



Stay 60 days...Court has "froze" case for 60 days...nothing that can happen during that time. If you show court you "initiated with JAMS, by sending them a copy of paperwork, court than usually stays permanently "pending outcome of arbitration."

The judge orders the time limit. It's not in the contract. In theory you could take years to initiate...

Interesting thought tho... Assuming you can get the court to order the CA to initiate... Why not try to set a time limit for the CA to file the arbitration clause? Then have it thrown out of court after they fail.

Edited to add. I would not say one word about their claim. It's not my job. For the same reason I don't let myself into my friends house and do her laundry... And I like my friend... Now that I think about it, doing my friends laundry is a much better use of my time than doing work for a CA.

[david9041]

Originally Posted by scardKaren

The judge orders the time limit. It's not in the contract. In theory you could take years to initiate...

Interesting thought tho... Assuming you can get the court to order the CA to initiate... Why not try to set a time limit for the CA to file the arbitration clause? Then have it thrown out of court after they fail.

I am thinging way outside the box , when I elected Arbitration their right to court action stopped , they could not motion to stay and request a time limit if their right to court action had ended before they put in their motion .

They would be moving forward , I would think they would have to dismiss , but then I seen in the Arbitration Act that a stay was normal . Even the court would have to get that 60 day rule from some place . I was thinking about demanding the same amount they took to bring action after the alleged default ( 2 years )

[KentWA]

Originally Posted by bevj2

Okay, so say that happens, judge orders defendant to initiate claim, and I do so with a claim against OC for whatever, but the original claim of plaintiff is not even addressed. Can the plaintiff then come back to court and say defendant did not comply with court order because the arbitration claim initiated by defendant had nothing to do with the original dispute/lawsuit of the plaintiff against defendant? Note - this scenario is with the original OC, not a JDB. Thoughts???

Would not matter one bit, once you file your claim it is forwarded to the opposing side and they get the chance to answer and file counter claims. That is their oppurtunity to make their case.

[trueq]

except for one wrinkle....

JAMS does not do debt collection arbitration! If they file a counter, you can MTD in arbitration quoting JAMS legal counsel!

Court ordered you to initiate. You did that.

You ARE NOT REQUIRED TO BE LAWYER FOR CAP1. If Cap1 lawyers think this is unfair, they should have been a better advocate for their client and they should have initiated.

WHEN YOU CONTROL THE ARBITRATION INITATION PROCESS....

YOU CONTROL THE NARRATIVE....

USE THIS POWER...THE OTHER SIDE WAS STUPID ENOUGH TO GRANT YOU THIS POWER...

USE IT....

THIS CASE IS NOW ABOUT YOUR DAMAGE, SUFFERING, AND THE EVILS OF THE GIANT MONSTER MEGA BANK....

don't worry about their claim...worry about how big your claim will be!

Things to sue them for: the acts of their lawyer agents under FDCPA, fraudulent FCRA reporting, truth in lending act violations, federal deceptive trade practices, state deceptive trade practices, state consumer law violations, civil RICO, harrassment tort, negligent training and supervison tort, fraud tort, negligence, invasion of privaccy, etc. etc.

My favorite is state consumer laws and state deceptive trade practice laws....those always have a lower burden for person making claim.

Arbitration is the chance to be "re-born" and "litigate it right" with the discussion about your check, not their check!

[lilq]

I had some funny thoughts about what to say to a judge if the plaintiff were to object to you not forwarding their claim in arbitration:

Well, gee judge. I just wasn't sure I could do their claim justice the way they could.

Well, gosh judge, I tried to write up their claim for you, but seriously I have no idea what their claim is.

Well Judge, here's the deal, I'm afraid if I would have had to write up their claim for them, it wouldn't be up to their standards. You see, for some crazy reason, I don't want them to win.

You know all of these statements make it crystal clear why it is ludicrous to expect the defendant to forward their own claim against themself.

Also, and this is a big one. If Cap one is so worried that defendant will get a stay and then not initiate, so worried in fact that they make sure the judge only stays the case for 30 days, there is a very simple solution to this that would make going back to court and wasting more of the courts time on a case that the judge will never litigate unnessary. You know what it is????? ORDER THE PLAINTIFF TO FORWARD THEIR OWN CASE PERMANENTLY STAY THE CASE AND PUT THE MATTER BEFORE THE COURT TO REST. The more I think about it, neither one of these guys are rocket scientists.