Author Topic: JDB has paid Arb fees in JAMS - next steps  (Read 182 times)

0 Members and 1 Guest are viewing this topic.

Oklahoma Native

  • Valued Member
  • Posts: 96
JDB has paid Arb fees in JAMS - next steps
« on: June 19, 2017 04:57:13 PM »
I had a Citibank debt of about $7k which I had defaulted in 2012.   It was with Citi for a long time and they sold it to a JDB in 2016, I filed Arb, no response and JAMS closed. 

To ensure that I close it for good, I sent them a letter that they need to come to Arb and pay the fees as per the Federal Arb rules.    In response to that they have finally paid the Arb fees of $950 !

The other confusing part is that this JDB never sent me an email/letter, instead, they had hired another debt collector D&A Associates, so the JDB lawyer also mentioned in the letter that 'Furthermore, JDB XYZ denies that it is a debt collector.'

I am confused by the last statement by the lawyer and also wondering how I should prepare for the Arb. Thanks.

Bruno the JDB Killer

  • Valued Member
  • Posts: 13943
Re: JDB has paid Arb fees in JAMS - next steps
« Reply #1 on: June 19, 2017 05:18:35 PM »
You shouldn't even be going to arb. After JAMS closed, why didn't you move for dismissal?

'Furthermore, JDB XYZ denies that it is a debt collector.


They're all going to pull this now since the Santander SCOTUS decision.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

Oklahoma Native

  • Valued Member
  • Posts: 96
Re: JDB has paid Arb fees in JAMS - next steps
« Reply #2 on: June 19, 2017 05:35:45 PM »
Thanks Bruno.   Is there something which I need to prepare for?  If they are not a debt collector and FDCPA does not apply to them, why did they even pay the legal fees to JAMS ?  Just so that they could get it quashed in the opening call ?

How likely would it be that they would go with the JAMS proceeding if I insist, should I instead try to sit back.   Any thoughts if their $950 is an aggressive bet or more of a defensive bet.

Bruno the JDB Killer

  • Valued Member
  • Posts: 13943
Re: JDB has paid Arb fees in JAMS - next steps
« Reply #3 on: June 20, 2017 01:33:04 PM »
The crystal ball is still in the shop. We have had posters who reported that a jdb paid the initial filing fee and thereafter did nothing. Maybe they like to bluff once in a while if the money is right, just to see if you'll make them an offer.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

Oklahoma Native

  • Valued Member
  • Posts: 96
Re: JDB has paid Arb fees in JAMS - next steps
« Reply #4 on: June 20, 2017 01:57:59 PM »
Thanks Bruno.   I looked at the Satandar case and this lawyer's point that my client is not a debt collector does not seem to apply in my case based on these:

(1)  Satandar's case was fought on FDCPA violations, while my case never mentioned FDCPA, I am denying the debt in the JAMS filing

(2) I will go through the arb forums and prepare on how to get more sessions with these guys ... and I believe each session costs about $5000 for them

Will keep the forum posted on how it goes.

kevinmanheim

  • Valued Member
  • Posts: 11407
Re: JDB has paid Arb fees in JAMS - next steps
« Reply #5 on: June 20, 2017 03:45:58 PM »
$950 is only the first bill from JAMS.

The next one is a few thousand.

The next one will be $10,000+.

Be patient and let them think you are ready to go all the way.

Whatever you do, do NOT waive your right to an in person hearing in your own town. Insist on it.

backpack

  • Valued Member
  • Posts: 59
Re: JDB has paid Arb fees in JAMS - next steps
« Reply #6 on: June 20, 2017 06:50:09 PM »
Also, at some point the arbitrator may try to guide you into JAMS' med-arb.  This requires you to sign a contract which says you agree to the arbitrator being a mediator.  It also says that when the mediator has their arbitrator hat on they can rely upon any ex parte information received during mediation. 

It might make some arbs mad, but I personally would not go there. 

For more info, enter the term "mediation" into the DB search field.

Oklahoma Native

  • Valued Member
  • Posts: 96
Re: JDB has paid Arb fees in JAMS - next steps
« Reply #7 on: June 21, 2017 01:04:44 PM »
kevinmanheim and backpack - what you just said was god sent !  Thanks a bunch, now I have a strategy to work on - you guys literally made my day on how to handle this.

Thanks !