Author Topic: being sued by Zwicker/American Express  (Read 11029 times)

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tvaughn

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Re: being sued by Zwicker/American Express
« Reply #75 on: December 01, 2016 06:47:12 PM »
Do I even need to send this stuff back in now considering that Zwicker has already requested to dismiss the case?

Bruno the JDB Killer

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Re: being sued by Zwicker/American Express
« Reply #76 on: December 02, 2016 01:57:58 PM »
To be safe, yes. Until they actually dismiss, the case proceeds.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

tvaughn

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Re: being sued by Zwicker/American Express
« Reply #77 on: February 15, 2017 09:26:29 PM »
Ok - so my case has officially been dismissed in court; however, today, February 15, 2017 I received an email from JAMS with an attachment (first communication from JAMS since November 21, 2016).

The top of the attachment reads "COMMENCEMENT OF EMPLOYMENT ARBITRATION" (I'm assuming that title is a mistake).  In the letter is a list of available arbitrators.  The letter says that the parties are encouraged to mutually agree on an arbitrator.

How should I proceed here?

tvaughn

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Re: being sued by Zwicker/American Express
« Reply #78 on: February 21, 2017 08:01:15 PM »
Is anyone here able to assist me with this?  I have until close of business tomorrow (Feb. 22nd) to strike 2 of the 9 available arbitrators listed on the email from JAMS, and I have no idea who I should strike.  I also have to then rank the remaining candidates in order of preference. 

fisthardcheese

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Re: being sued by Zwicker/American Express
« Reply #79 on: February 21, 2017 08:46:16 PM »
Is anyone here able to assist me with this?  I have until close of business tomorrow (Feb. 22nd) to strike 2 of the 9 available arbitrators listed on the email from JAMS, and I have no idea who I should strike.  I also have to then rank the remaining candidates in order of preference.

I would have been googling each arbitrator and striking any who regularly ruled against consumers or who worked for banks, etc.  I would rank the rest from most consumer friendly based on their rulings and previous work to the worst.

I would note the error regarding the "employment" arbitration in my response and remind JAMS this is a consumer arbitration case.
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

tvaughn

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Re: being sued by Zwicker/American Express
« Reply #80 on: February 21, 2017 10:03:51 PM »
Thank you.  Yes, I can definitely do that.  I just thought there might be someone here who has knowledge of the available arbitrators and could guide me in the proper direction if I listed the names. I'd hate to make the mistake of striking the wrong ones and/or ranking them improperly and hurting my case. 

tvaughn

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Re: being sued by Zwicker/American Express
« Reply #81 on: March 02, 2017 08:00:11 PM »
I am really struggling with this strike and rank list.  I'm googling the names of the available arbitrators, but I can't seem to find anything that makes it clear to me who I should strike and what order I should rank the rest of them.  I have until COB tomorrow to submit my list.  If I list the names here, would it be helpful?

kevinmanheim

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Re: being sued by Zwicker/American Express
« Reply #82 on: March 03, 2017 10:41:00 AM »
PM the names to me.

tvaughn

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Re: being sued by Zwicker/American Express
« Reply #83 on: March 03, 2017 01:04:01 PM »
Thank you.  PM sent. 

tvaughn

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Re: being sued by Zwicker/American Express
« Reply #84 on: April 06, 2017 08:01:15 PM »
So the JAMS case manager is looking to set up the initial arbitration conference call for next week (call should last approximately one hour).  What do I need to do to be prepared for this?

kevinmanheim

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Re: being sued by Zwicker/American Express
« Reply #85 on: April 07, 2017 11:42:50 AM »
If that call lasts an hour, I will be surprised. There isn't that much to discuss.

They will want you to describe your claims, any counterclaims from the other side, etc.

They will want to set a discovery timetable and parameters. This is important. I would insist on the in person hearing in your city NOT being scheduled until both sides have completed and complied with all discovery requests.

If you don't do the above, the other side will simply delay and refuse to provide discovery, and you will be left with little or no evidence at the hearing.

Let the arbitrator know that you want the hearing held in your city per the JAMS consumer standards.

Let the arbitrator know that you will pay for an provide a court reporter at the hearing, and that you will pay for the cost and provide everyone with a copy of the transcript. Don't worry -- you can change your mind about this the day before the hearing. You aren't bound by the initial decision. The goal is to let the arbitrator and opponent know that you will be recording everything. This will keep them on their toes.

Stay calm. It's just a phone call.

Whatever you do, do not allow the arbitrator or opponent to deny you the right to the in person hearing. It doesn't matter that it is expensive, time consuming or a bother. It is your right, and you want it. That's all you focus on if anyone opposes it. You want the right to present your evidence to the arbitrator in person, and question your opponent's witness in person.

Your opponent doesn't want a hearing because it is expensive. At least $30,000.

fisthardcheese

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  • They forced arbitration into your contract. Use it
Re: being sued by Zwicker/American Express
« Reply #86 on: April 07, 2017 04:11:01 PM »
With the Amex agreement, it is important that if they attempt to ask for the JAMS optional appeal to apply to your case that you object. Make them stick with the appeal provision stated in the contract.  The contract's appeal is a guaranteed right of yours, but if you agree to the JAMS optional appeal, Amex may be able to derail your chance to appeal.

Keeping the contractual right to appeal is key with Amex.
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

tvaughn

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Re: being sued by Zwicker/American Express
« Reply #87 on: April 07, 2017 05:11:11 PM »
Ok - this is all a bit overwhelming for me but let me see if I'm understanding correctly.

I need to make sure I do not agree to the JAMS optional appeal and I need to make sure I push for an in person hearing, which should not be scheduled until both sides have completed and complied with all discovery requests.  What claims do I make and what evidence am I going to need to present?

« Last Edit: April 07, 2017 05:29:23 PM by tvaughn »

tvaughn

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Re: being sued by Zwicker/American Express
« Reply #88 on: April 11, 2017 06:20:29 PM »
My initial arbitration call is tomorrow.  Any further words of advice or is there anything I should read so that I am fully prepared for this?

kevinmanheim

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Re: being sued by Zwicker/American Express
« Reply #89 on: April 11, 2017 09:07:20 PM »
Write down what you want to accomplish. Keep it in front of you, check things off as you go.

Try not to get distracted. Keep focusing on your list.


 

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