Author Topic: JAMS - JDB : Statement of Claims and Deposition  (Read 229 times)

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Oklahoma Native

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JAMS - JDB : Statement of Claims and Deposition
« on: August 31, 2017 07:12:21 AM »
I just finished my JAMS scheduling conference with the JDB, thanks to this forum, I gave the JDB's attorney a tough time, I am pretty surprised that they are going this far to collect a $7000 debt, so far they must have spent close to $8000.   

However Mr Attorney is pretty happy to keep billing his client, not sure when they will back off.

Next step - I need your help here pls:
(1) The JAMS arbitrator wants me to send in the statement of claims - does anyone have a draft/sample of what all needs to be in there ?  I am asking for a 3 day hearing so I need to put as much as stuff as possible

(1) I wanted a deposition of the the JDB, but I have to travel to Washington DC to conduct a deposition, even if I were to do a deposition by phone, hiring a court reporter would cost me close to $300+ which I am not sure if it is worth spending.  any thoughts on this ?

(2) The JDB's attorney wants to do a deposition of me - so should I hire an attorney or stick to thoughtful yes/no/do not recall ?




fisthardcheese

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Re: JAMS - JDB : Statement of Claims and Deposition
« Reply #1 on: September 01, 2017 12:57:53 AM »
I just finished my JAMS scheduling conference with the JDB, thanks to this forum, I gave the JDB's attorney a tough time, I am pretty surprised that they are going this far to collect a $7000 debt, so far they must have spent close to $8000.   

However Mr Attorney is pretty happy to keep billing his client, not sure when they will back off.

Next step - I need your help here pls:
(1) The JAMS arbitrator wants me to send in the statement of claims - does anyone have a draft/sample of what all needs to be in there ?  I am asking for a 3 day hearing so I need to put as much as stuff as possible

(1) I wanted a deposition of the the JDB, but I have to travel to Washington DC to conduct a deposition, even if I were to do a deposition by phone, hiring a court reporter would cost me close to $300+ which I am not sure if it is worth spending.  any thoughts on this ?

(2) The JDB's attorney wants to do a deposition of me - so should I hire an attorney or stick to thoughtful yes/no/do not recall ?

For my statement of claims, I always just format it like a formal complaint in court.  I would present my claims, give case law supporting my positions and conclude by asking for my award for damages and if allowed, punitive award.  For an example, I would just find any FCRA/FDCPA lawsuit that may be similar to my claims and read the complaint.

What did the Arbitrator say about the depositions?  If they want to depose you, then they should travel to you to do so and when they do, that would be an opportunity for you to depose them while they are there.  If the arbitrator did not address this issue during the conference call, I would first ask the JDB to set up a mutual deposition time at your location.  If they refuse, then I would send a request to the arbitrator for another phone hearing to deal with this issue.  Depositions are regularly video recorded by attorneys, so if a phone deposition is done, I would request that I be allowed to record any phone deposition and perhaps that could eliminate the need for a court reporter.

Just as an aside, I don't think they have hit $8000 in costs yet.  Just before the phone conference they likely had to pay a $5000 deposit, but of that $5k, they have likely only used about $1500 so far.  The fact there is already an issue with depositions is in your favor. Any other discovery issues will that the arbitrator has to spend time sorting out is in your favor also.  The more you need the arbitrator to work on side issues, the quicker that $5k retainer is eaten up and another large retainer will be required of the JDB before the hearing.  In my cases, I have found that most creditors will settle by the time the discovery deadline comes up.  However, if the discovery is completed and they never mention settlement, then I would send an offer of mutual walk away at that point (or right before the depositions - or any other point of large expense).  I always give them the chance to walk away before they spend several thousand more for the next step.
« Last Edit: September 01, 2017 01:02:51 AM by fisthardcheese »
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: JAMS - JDB : Statement of Claims and Deposition
« Reply #2 on: September 01, 2017 04:05:51 PM »
Good ideas here.

Most of the arb cases I had never went very far. 

The ones that did were settled right before something very expensive for the other party.  At one point we were in the process of reserving a room for the hearing when the other party decided to settle. 

fisthardcheese

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  • They forced arbitration into your contract. Use it
Re: JAMS - JDB : Statement of Claims and Deposition
« Reply #3 on: September 04, 2017 11:34:48 AM »
Just an addition to my previous reply:

It is regular practice that depositions take place at the JAMS office.  They will gladly rent out a conference room to the JDB for a "nice" price.  If there is a JAMS office near you, I would request that the arbitrator order that location to be used for depositions.
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)

TM97

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Re: JAMS - JDB : Statement of Claims and Deposition
« Reply #4 on: September 13, 2017 10:07:23 AM »
Just an addition to my previous reply:

It is regular practice that depositions take place at the JAMS office.  They will gladly rent out a conference room to the JDB for a "nice" price.  If there is a JAMS office near you, I would request that the arbitrator order that location to be used for depositions.

My partners preconference call with JAMS is later this week.  We have been preparing for the last few weeks and going through posts here.  I have a quick question on depositions. 

If you request that a deposition takes place at the nearest JAMS office (and in our case this is not local but San Diego or Las Vegas), wouldn't this be seen as a 'financial ruse' given we and the lawyer are both local to Scottsdale & JAMS is out of town?  We intend to request the in-person hearing here in Scottsdale for a minimum of three days.  Would you suggest an alternative for locals in situation like ours that need to keep it local but also be 'neutral'?  Thanks.

fisthardcheese

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  • They forced arbitration into your contract. Use it
Re: JAMS - JDB : Statement of Claims and Deposition
« Reply #5 on: September 13, 2017 10:33:59 AM »
My partners preconference call with JAMS is later this week.  We have been preparing for the last few weeks and going through posts here.  I have a quick question on depositions. 

If you request that a deposition takes place at the nearest JAMS office (and in our case this is not local but San Diego or Las Vegas), wouldn't this be seen as a 'financial ruse' given we and the lawyer are both local to Scottsdale & JAMS is out of town?  We intend to request the in-person hearing here in Scottsdale for a minimum of three days.  Would you suggest an alternative for locals in situation like ours that need to keep it local but also be 'neutral'?  Thanks.

Obviously if there is no JAMS office near you any other conference room may be used that is in your town.
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)

TM97

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  • Posts: 198
Re: JAMS - JDB : Statement of Claims and Deposition
« Reply #6 on: September 13, 2017 10:47:20 AM »
Obviously if there is no JAMS office near you any other conference room may be used that is in your town.

OK, of course, that makes sense.  I have more questions but won't derail this thread.  I will post an Update in the ongoing one.  Thanks. :)