Author Topic: JAMS Arbitration : JDB paid fees - Next Scheduling Conference !  (Read 817 times)

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Oklahoma Native

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Looks like a JBD wants to follow me through into arbitration - they paid the fees and now I just got an email from JAMS that they want to co-ordinate a "Scheduling Order conference call".   the amount in question is about $6200, I am sure the lawyer is taking the JDB for a ride.

My call is schedule for next week and I have a few questions on what to expect

(1) My claim is against the JDB, the JDB never called me/sent me a letter, it was always through a collection agency - Can the JDB's lawyer get the case dismissed that they are not a debt collector (based on the satandar case).   If so - is there something which I can insist to arbitrate.   My only basis is the letter sent by the Debt collector that says that this company 'xyz' is the current owner of debt and they have been appointed to collect debt.

(2) The town where I live does not have a JAMS office - nearest one is about 6 hours away - can I insist that the hearing be held in my home town ?   (I want to make it more expensive for them)

(3) How do I know what kind of Arb rules apply to me - Comprehensive or Streamlined ?

I read posts from howucantoo and others and jotted down some nice points including (1) insist for hearing in home town (2) ask for disposition ....   thanks for all the wonderful posts out there.

BrokeBob

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Re: JAMS Arbitration : JDB paid fees - Next Scheduling Conference !
« Reply #1 on: August 15, 2017 01:37:20 PM »
You want comprehensive rules.  More expensive for them, means more pressure for them to drop the case and/or settle.

BrokeBob

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Re: JAMS Arbitration : JDB paid fees - Next Scheduling Conference !
« Reply #2 on: August 15, 2017 01:39:43 PM »
As far as the hometown -- doesn't matter if there is a JAMS office.  That means the arbitrator will have to travel.  The other side picks up his travel costs, his fees for the travel time, his hotel room, dinner, etc. 

The only time I got close to a hearing it was to be scheduled in a conference room in the local courthouse.  The arbitrator liked that, because of the security. 

Jane007

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Re: JAMS Arbitration : JDB paid fees - Next Scheduling Conference !
« Reply #3 on: August 15, 2017 06:17:22 PM »
My claim is against the JDB, the JDB never called me/sent me a letter, it was always through a collection agency - Can the JDB's lawyer get the case dismissed that they are not a debt collector (based on the satandar case).   If so - is there something which I can insist to arbitrate.   My only basis is the letter sent by the Debt collector that says that this company 'xyz' is the current owner of debt and they have been appointed to collect debt.
Is the collection agency a pure third party agent, or are they an affiliated subsidiary of the same holding company, as is the case with the relationships of;

"Midland Funding, LLC" & "Midland Credit Management"
 or
"Cavalry SPV I, LLC" & "Cavalry Portfolio Services, LLC".

The applicability of the SCOTUS ruling in Henson v. Santander Consumer USA Inc., 137 S. Ct. 1718, 1720 (2017) to JDBs is in a grey area for the moment.  JDBs are different than Santander Consumer USA Inc in terms of the principal purpose test (principal purpose is to collect debt).  SCOTUS did not consider that question for Santander.

But, while in the grey area, courts are bound to go either way for a long time.  In arbitration it is likely to be even murkier.

Oklahoma Native

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Re: JAMS Arbitration : JDB paid fees - Next Scheduling Conference !
« Reply #4 on: August 19, 2017 02:43:41 AM »
The company is a Debt Owner and not a collector - there is only one company not 2 like cavalry.

My biggest concern is that the defendant's lawyer starts off by saying that 'my client is not a debt collector and this case be dissolved' and I am thinking that I could argue that

'Your client engaged with ABC company to collect an alleged debt of $xxxx.xx - the arbitration case has been filed to
  (a) compensate me for the damages in harassment caused by your company in alleging that I owe a debt which i do not and engaging a debt collector to collect debt
  (b) Stop any engaging any further debt collector to collect the alleged debt
  (c) Acknowledge that the alleged debt is false and does not exist
  (d) Agree not to sell the alleged debt to any other party which could lead to further harassment and unwanted claims.

Luckily my JAMS filing never mentions FDCPA or TCPA and the amount I have claimed is $50,000 as damages

Appreciate any inputs on this.

kevinmanheim

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Re: JAMS Arbitration : JDB paid fees - Next Scheduling Conference !
« Reply #5 on: August 19, 2017 09:28:52 AM »
You have an absolute right to an in person hearing to determine the validity of your claims against the respondent.
The arbitrator cannot dismiss your claims without that hearing.
You need the hearing to be able to prove those claims.
Do not allow your opponent to deny your right to that hearing.

Oklahoma Native

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Re: JAMS Arbitration : JDB paid fees - Next Scheduling Conference !
« Reply #6 on: August 19, 2017 06:21:35 PM »
thanks Kevin.   Will update once my pre-hearing completes.

Hopefully the next invoice to the JDB will make it very expensive for them to back off.

fightinback38

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Re: JAMS Arbitration : JDB paid fees - Next Scheduling Conference !
« Reply #7 on: September 28, 2017 12:49:35 AM »
You have an absolute right to an in person hearing to determine the validity of your claims against the respondent.
The arbitrator cannot dismiss your claims without that hearing.
You need the hearing to be able to prove those claims.
Do not allow your opponent to deny your right to that hearing.

Please tell me what JAMS rule or rules specifically guarantee this right.  Please.

The arbitrator in mine threw all of my claims out except 1, keeping only the Counterclaims against me in two phone conferences.

I have 7 days to object in writing.

Also, the arbitrator does not seem to be acting fairly.  Is there a process to complain about the arbitrator's actions?
Or is this to be saved for appeal?


CleaningUp

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Re: JAMS Arbitration : JDB paid fees - Next Scheduling Conference !
« Reply #8 on: September 28, 2017 01:59:51 AM »
Arbitrators, like judges, are free to decide as they wish. 

If your contract and arbitration forum rules allow, you can appeal.  But it could cost.

kevinmanheim

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Re: JAMS Arbitration : JDB paid fees - Next Scheduling Conference !
« Reply #9 on: September 28, 2017 07:53:01 AM »
Please tell me what JAMS rule or rules specifically guarantee this right.  Please.

The arbitrator in mine threw all of my claims out except 1, keeping only the Counterclaims against me in two phone conferences.

I have 7 days to object in writing.

Also, the arbitrator does not seem to be acting fairly.  Is there a process to complain about the arbitrator's actions?
Or is this to be saved for appeal?
I would object in writing ASAP.

https://www.jamsadr.com/consumer-minimum-standards/

5. The consumer must have a right to an in-person hearing in his or her hometown area.
9. The arbitration provision must allow for the discovery or exchange of non-privileged information relevant to the dispute.

You haven't been afforded the right to present your claims at a hearing, to present evidence, or present a witness, or question your opponent.

Which OC's contract is in play?

Oklahoma Native

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Re: JAMS Arbitration : JDB paid fees - Next Scheduling Conference !
« Reply #10 on: October 12, 2017 01:25:17 AM »
All - my JAMS case is still on and the JDB is showing no signs of backing down ... what happened so far ..

(1) I Filed arbitration case with JAMS - JDB responded by paying filing fee
(2) JDB paid initial retainer and we had a initial scheduling conference
(3) I did their deposition and they did my deposition - nothing significant to be discovered
(4) JAMS has scheduled a hearing and send an invoice to the JDB (not sure of the amount) - there is one more week for JDB to pay the fees.   The arbitration venue is in my hometown and all of them - the attorney, JAMS attorney and the JDB rep have to travel

Should I initiate a negotiation or should I wait for them to come back ?   My fear is that if they pay the JAMS feels and go for hearing


CleaningUp

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Re: JAMS Arbitration : JDB paid fees - Next Scheduling Conference !
« Reply #11 on: October 12, 2017 01:55:24 AM »
What's the downside of waiting?

You don't want to look to eager to jump your sinking ship. 

You chose this strategy to encourage them to settle as the costs mount.  There was a risk to this strategy, being that they would pay the bill and proceed with the arbitration.  There was a risk that you would have to work with the bad case that you had in court in a bad case in arbitration.

Start to cave in now, and it is likely that they will take more money out of you than they would have if you held to your strategy.

But there is a risk in THAT position, too:  They will take the case to its conclusion, and you will be tagged for the full amount.

We can't make that choice for you.  The risks are yours, and you've known about those risks from the get-go.  You're going to have to decide whether you can stick with the wire-walking act, or admit that you are going to fall.


BrokeBob

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Re: JAMS Arbitration : JDB paid fees - Next Scheduling Conference !
« Reply #12 on: October 13, 2017 12:10:46 AM »
I disagree.

They have one week to pay. 

I had a JAMS case once where there was a deadline for them to pay the costs for the hearing, which was expensive.  I settled with them I think a day or two before the deadline.  That was an OC, and it was the last arb I did back in the day.  They accepted the same offer they had rejected in the beginning. 

I had another case where some stuff came out during discovery that made the OC look really bad, so they settled after discovery.  That was a very rare situation, and the OCs are much more careful these days. 

There are two remaining points at which you can negotiate before the hearing.  One is right now, before they pay the fees.  They are probably looking at a rather large bill, and they may be willing to accept a decent settlement to avoid paying the fees.

The other time will be in the time close to the hearing.  However, by that point they may have booked some non-refundable tickets.  They will have paid costs already for the hearing.  My guess is at that point they might decide to go ahead and do the hearing, hoping for a judgment, but they would still pronably be open to a good offer. 

From my personal experience, which admittedly was years ago when things were different, the two best times to negotiate were before they paid the initial fees, or right before they paid the fees for the hearing. 
« Last Edit: October 13, 2017 12:15:09 AM by BrokeBob »

Oklahoma Native

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Re: JAMS Arbitration : JDB paid fees - Next Scheduling Conference !
« Reply #13 on: October 13, 2017 10:42:26 PM »
Thanks for your suggestions. 

I cannot reveal the details due to confidentiality agreement, but me and the JDB reached a settlement, but I am glad that I spoke to them before the hearing.

BrokeBob

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Re: JAMS Arbitration : JDB paid fees - Next Scheduling Conference !
« Reply #14 on: October 13, 2017 10:50:05 PM »
Glad to hear that!

 

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