Author Topic: Trying to figure out what to do- sued by Kohn in WI  (Read 2313 times)

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Bruno the JDB Killer

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Re: Trying to figure out what to do- sued by Kohn in WI
« Reply #15 on: March 16, 2017 03:27:00 PM »
Most lawyers don't even know what kind of arbitration we're talking about because they never bothered to read a credit card agreement. Cases are not dismissed for arb, they are generally stayed.


Midland won't arbitrate for this amount, it would cost them ten times what they're after.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

fisthardcheese

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  • They forced arbitration into your contract. Use it
Re: Trying to figure out what to do- sued by Kohn in WI
« Reply #16 on: March 16, 2017 10:01:35 PM »
Attorneys spend years in law school learning court rules and ethics. They contine everything they do from that viewpoint only. They never bother to learn arbitration rules, or the fact that consumer cases have a supplimental set of rules put into place about 7 years ago. They are clueless about consumer cost caps and other rules put in place when NAF was shut down for being unfair to consumers.

The folks who have arbitration experience on this board understand it far better than 99% of lawyers.
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)

trueq

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Re: Trying to figure out what to do- sued by Kohn in WI
« Reply #17 on: March 17, 2017 02:33:29 PM »
Attorneys spend years in law school learning court rules and ethics. They contine everything they do from that viewpoint only. They never bother to learn arbitration rules, or the fact that consumer cases have a supplimental set of rules put into place about 7 years ago. They are clueless about consumer cost caps and other rules put in place when NAF was shut down for being unfair to consumers.

The folks who have arbitration experience on this board understand it far better than 99% of lawyers.

+1

I only understand it because I was part of a HUGE class arbitration around 2006 where each side spent millions on lawyers and at least $2 million on arbitration fees (each side split the cost).   As a class plaintiff in lawsuit for organization where we budgeted $500,000 for full blown arbitration initially and had bills at $3.5 million just on our side at one point....you better believe I knew everthing about arbitration, it's cost, slowness, and general ability to derail Plaintiff litigation  at that point.    I was an expert on arbitration by 2008.  I had to stay in Denver for 3 days to wait for my turn as a witness.  It was not vacation, I was being drilled in practice as a witness until my turn before the 3 arbitrator panel.
My free speech is not legal advice.  If you need legal advice, you need to talk to a lawyer.

Litigation Defense record
Arbitration record:   9 wins * 0 loses
Court Record:         2 wins * 2 judgments (1 of the 2 judgments has been vacated, other judgment upheld on appeal, marked "satisfied", because I wrote a check.)

The one bank that beat me in court, I now have a $2200 limit credit card from them again.
Redemption is always possible.

WonderinginWI

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Re: Trying to figure out what to do- sued by Kohn in WI
« Reply #18 on: April 24, 2017 08:10:57 PM »
So I am filling out the JAMS arbitration form.

1) What do I put in the space marked "Nature of Dispute/Claims and Relief sought by Claimant?"

I didn't want to just assume that this is where I state my affirmative defenses (mostly related to my dispute of Kohn Law Firm's ownership of the debt).


2) Do I need to send a check for $250 to JAMS?

The language of the CC agreement says "If you ask us to, we will pay all the fees the administrator or arbitrator charges, as long as we believe you are acting in good faith. We will always pay arbitration costs, as well as your legal fees and costs, to the extent you prevail on claims you assert against us in an arbitration proceeding which you have commenced."

3) I am attaching a portion of what Kohn sent me last week. I assume it is their response to my disputing that they are valid owners of the debt. The Affidavit of KS, who identifies herself as a "legal specialist" from MN was somewhat perplexing to me. I would very much appreciate any thoughts as to whether this might be sufficient proof for either a court or arbitrator.

Thanks in advance for all the insight and wisdom that has been offered.

BrokeBob

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Re: Trying to figure out what to do- sued by Kohn in WI
« Reply #19 on: April 24, 2017 08:24:10 PM »
So I am filling out the JAMS arbitration form.

1) What do I put in the space marked "Nature of Dispute/Claims and Relief sought by Claimant?"

I didn't want to just assume that this is where I state my affirmative defenses (mostly related to my dispute of Kohn Law Firm's ownership of the debt).


2) Do I need to send a check for $250 to JAMS?

The language of the CC agreement says "If you ask us to, we will pay all the fees the administrator or arbitrator charges, as long as we believe you are acting in good faith. We will always pay arbitration costs, as well as your legal fees and costs, to the extent you prevail on claims you assert against us in an arbitration proceeding which you have commenced."

3) I am attaching a portion of what Kohn sent me last week. I assume it is their response to my disputing that they are valid owners of the debt. The Affidavit of KS, who identifies herself as a "legal specialist" from MN was somewhat perplexing to me. I would very much appreciate any thoughts as to whether this might be sufficient proof for either a court or arbitrator.

Thanks in advance for all the insight and wisdom that has been offered.

1.  You need to state the nature of the dispute.  If you have any counterclaims against them, this would be where to put them.

2.  The agreement says they will pay IF YOU ASK.  So file, and send in a request for them to pay your fees. 

3.  All I could get out of this was the last page, so I can't tell you anything about this person.   

What company is this person from, and what relationship does she have to the debt?

Look up the Palisades v. Kalal case.  They need to have a qualified person attest to the debt.  If this is a "legal specialist", this person may not have first hand knowledge of the debt. 

The question is, who owns the debt?

Or, who do they CLAIM owns the debt, and did they prove it?

fisthardcheese

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Re: Trying to figure out what to do- sued by Kohn in WI
« Reply #20 on: April 24, 2017 08:24:46 PM »
Never "defend" anything that hasn't been brought up as a claim against you in arbitration.  They have not brought anything into arb for you to "defend".  Your nature of dispute would be any violations against the JDB.  The amount of relief you are seeking would depend on what kind of violations you have.

I never send money to start an arbitration case.  I ask JAMS to bill the other side per the agreement.  If JAMS determines I should pay all or some of the $250, they will let me know.

If this was me, I could care less what their affidavit or anything else says at the moment.  All I need is my MTC granted.  Midland does not arbitrate.
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)

Bruno the JDB Killer

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Re: Trying to figure out what to do- sued by Kohn in WI
« Reply #21 on: April 24, 2017 09:12:03 PM »
Your nature of dispute would be any violations against the JDB.



What would those violations be? Just curious. You know, that pesky little thing that says you have to have a legal basis for  your  charges,  supported by legally admitted evidence.


They have not brought anything into arb for you to "defend".


Oh, but they will. They will counterclaim with the underlying debt against the non-existent violations you have not detailed  Please give us those details.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

BrokeBob

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Re: Trying to figure out what to do- sued by Kohn in WI
« Reply #22 on: April 24, 2017 09:29:57 PM »
Your nature of dispute would be any violations against the JDB.



What would those violations be? Just curious. You know, that pesky little thing that says you have to have a legal basis for  your  charges,  supported by legally admitted evidence.


They have not brought anything into arb for you to "defend".


Oh, but they will. They will counterclaim with the underlying debt against the non-existent violations you have not detailed  Please give us those details.

Midland is going into arbitration now?  When did that happen?


Bruno the JDB Killer

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Re: Trying to figure out what to do- sued by Kohn in WI
« Reply #23 on: April 25, 2017 12:58:02 PM »
It hasn't happened yet. I am merely pointing out that fictitious claims don't work too well.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

fisthardcheese

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  • They forced arbitration into your contract. Use it
Re: Trying to figure out what to do- sued by Kohn in WI
« Reply #24 on: April 25, 2017 02:25:56 PM »
You know, that pesky little thing that says you have to have a legal basis for  your  charges,  supported by legally admitted evidence.

No, I don't know. Where and what says this? We are talking contractual arbitration and the contract says ANY DISPUTE.  It says nothing about "legal basis with legally submitted evidence" - whatever that may be.


Oh, but they will. They will counterclaim with the underlying debt against the non-existent violations you have not detailed  Please give us those details.

My crystal ball doesn't work as well as Bruno's.  I don't know that Midland will bring a counter claim.  We have seen at least one case on this board where the JDB failed to submit a counter claim in the arbitration, then their claims were never heard in arb and the morons attempted to confirm a nothing award in court! I would never take away my opportunity to watch such a hilarious show up front and in person!!

Plus, who sues themselves?  That is horrible advise if you are saying someone must file claims against themselves in arbitration.
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)

BrokeBob

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Re: Trying to figure out what to do- sued by Kohn in WI
« Reply #25 on: April 25, 2017 02:43:20 PM »
It hasn't happened yet. I am merely pointing out that fictitious claims don't work too well.

I wasn't clear enough, and reading my post makes me understand that it was my fault.

What I MEANT to say was:

When did Midland start arbitrating claims rather than running away when faced with arbitration?

The point being, if Midland will run away as they have in the past, it doesn't matter how solid the claims are. 
If Midland will fight to the bitter end, it does. 

Bruno the JDB Killer

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Re: Trying to figure out what to do- sued by Kohn in WI
« Reply #26 on: April 25, 2017 09:18:10 PM »
Plus, who sues themselves?  That is horrible advise if you are saying someone must file claims against themselves in arbitration.


Who said anything of the sort, Braun? I am referring to fabricated claims which have no merit and are designed to run up the other side's bills. At some point, the forum will take this into consideration. Any dispute is subject to the arbitrators, just like in court. You could wind up in a dumpster with an argument like this. Sasha Banks is waiting outside your trailer to teach you a lesson. I hear she is a paralegal.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

WonderinginWI

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Re: Trying to figure out what to do- sued by Kohn in WI
« Reply #27 on: April 26, 2017 06:30:47 PM »
Thanks, gentleman, for your input.

Broke Bob,

The affiant is a person who identifies herself as a legal specialist, familiar with the accounting and record keeping practices of MCM. She lists a MN address, which struck me as odd since Kohn and I are in WI and MCM lists a Nevada address.

A one page document, redacted of all monetary amounts, purports to show that Midland purchased the debt from Synchrony. There is nada to show that Kohn purchased it from Midland, although because Kohn says they are representing MCM, maybe that is moot.

Bruno, firsthardcheese, and Bob,

I've read and re-read your replies and am left still not sure as to what to put in that darn box on the JAMS form. I doubt I should leave it empty but perhaps I should just attach a copy of the original suit? Or, should I enter the information I put in my answer?

Finally, I understand from your replies that Midland will very likely not be willing to go into arbitration. However, somehow it feels to me (after speaking on the phone to the Kohn lawyer way back when they first filed) that Kohn now "owns" the debt. In fact, when I sent my answer to Midland as well as Kohn, Midland replied having no idea whatsoever about what account my answer referred to.  So, does Kohn have the right to go into arbitration on their own behalf? The reason I am worried about this is that, in my initial distress at being sued, I stupidly spoke with the Kohn attorney. And although I am in the process, but have not yet filed, for divorce, I revealed my husband's yearly income. I knew immediately that I'd done something really really stupid when the lawyer informed me that they wouldn't settle for anything less than full ask because they could easily garnish my husbands wages to the tune of almost 2k a month. So, having done that damage with my big mouth, I am left wondering if Kohn might be willing to shell out a bit, knowing they'll get a payday if they prevail.

Other than "keep your big mouth shut," any ideas?



fisthardcheese

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Re: Trying to figure out what to do- sued by Kohn in WI
« Reply #28 on: April 26, 2017 08:48:12 PM »
Other than "keep your big mouth shut," any ideas?

I certainly wouldn't mention anything about the lawsuit against me in JAMS.

At this point, my JAMS demand would say "violations of state and federal consumer laws" and seeking $10k.  It's going to be over 60 days before you have to file a detailed complaint, at which time it can be amended to add or remove claims/amounts.  But I would get it filed and quit wasting time on all of the irrelevant aspects of the court case that was already stayed.

That, once again, is what I would do.
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)

BrokeBob

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Re: Trying to figure out what to do- sued by Kohn in WI
« Reply #29 on: April 26, 2017 09:28:07 PM »
Wise advise from fisthardcheese.


From the original case, you should know who the plaintiff is.  That is who you file against.  If you don't know, just check CCAP. 

Sneaky way -- just send it to Midland, assuming they are the plaintiff.  That way you catch them if they file a suit.

Not sneaky way -- send the JAMS copy to Kohn.  That lets them know the case is in JAMS, and they cannot file against you. 

But send it off soon either way.  If you wait too long, the case will be filed again. 

 

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