Author Topic: JAMS Appeal  (Read 1664 times)

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Riceman

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Re: JAMS Appeal
« Reply #15 on: June 11, 2018 06:49:14 PM »
So Discover has filed a motion to dismiss with Jams. I am at a point in my life I no longer have the time or energy to fight this. I have another legal battle (divorce) right now that is requiring a lot of my time.  The original award was almost a year ago. Does the 1 year clock stop because I filed an appeal? June 28th will be the one year mark. The original civil case has been dismissed because of inactivity. So they would have to reserve me to get the award confirmed. I am considering just filing for BK but will need a little bit of time. I am ready to give up on this but I want to protect myself. What would you guys suggest?

Belle2004

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  • Posts: 449
Re: JAMS Appeal
« Reply #16 on: June 22, 2018 10:07:30 PM »
The fact that you filed an appeal negates the award. In other words...there is no award to confirm.

You need to call for a conference call immediately and assert your right to follow through on this appeal. You are entitled to an in person hearing. The only way Discover will get away with this is if you DO NOT OBJECT!!

You don't have to assert yourself at all in this appeal...do just what you did in the last one. Ask for conference calls. File motions...ask for a deposition of their affiant. Get them going...show them you are prepared to take this ALL THE WAY!

In the end...if nothing else changes they will award the amount as in the previous hearing...but Discover is going to be looking at $40-$100K for the hearing. Unless they are crazy they will be willing to settle before the hearing. If not...you are no worse off, and they will have a huge bill to settle with JAMS.

DO NOT ALLOW THEM to get away with asking for a dismissal!! They are hoping you don't know any better! Show them!

Protest loudly and insist on your in person hearing. In the meantime...file a motion to depose their affiant. Sit back and watch the fireworks!!!

 

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