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The motion to reconsider would be based upon the MTC. If denied, it would be grounds for the appeal.
2
Kohn does that with the court all the time.

Their client never paid even though they lied to court about willingness to proceed.

Not your job to invoice them....Jams does that.
3
Quote
"A small claims case is a legal action filed in county court to settle minor legal disputes among parties where the dollar amount involved is $5,000 or less, excluding costs, interest, and attorneys' fees."
Based on the amount alone, this is not the equivalent of the Delaware Small Claims Court.
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There is one possible reason why Kohn filed the letter with the court.  Or rather, one possible GOOD reason, rather than the many possible stupid reasons.

It looks like JAMS got a little confused when you initially filed against Kohn, then changed it to Midland. 

I think Kohn is trying to make the best of that, along the lines of "See, your honor, we are cooperating with the JAMS arbitration, but this thing is so messed up it's not our fault if this all blows up".  Then, if there is a complete SNAFU and everything falls apart, they will try to bring it back to the court's jurisdiction. 

Once JAMS gets everything straightened out, doubtful Midland will go very far with this. 
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ALRIGHT GUYS, HERE IS THE FINISHED PRODUCT.  PLEASE LET ME KNOW ASAP OF CHANGES NEEDED AS I NEED TO GET THIS TO THE POST OFFICE PRETTY MUCH NOW.  THANKS SO MUCH!!

MOTION
IN THE XXXX COURT-EASTERN DISTRICT
XXX COUNTY OHIO 
PORTFOLIO RECOVERY ASSOCIATES, LLC ASSIGNEE OF WORLD FINANCIAL NETWORK BANK    Case:  XXXXX
                   
                          Judge:  XXXXX
      
Plaintiff     
      
-vs-     
      
XXX
      
Defendant    


DEFENDANT’S MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND
DISMISS, OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION



NOW COMES Defendant, appearing Pro Se for its Motion to Compel Private Contractual Arbitration and as grounds thereto states the following:

1. That on or about March 14, 2017, Plaintiff filed its Complaint against Defendant.

2. Defendant sent a letter via certified mail to Plaintiff's attorney on July 20, 2017, electing arbitration with JAMS and requesting dismissal of this case (see Exhibit A, attached).

3. Defendant moves this court to compel binding Private Arbitration based on the terms and conditions of said Credit Card Agreement (see Exhibit B, attached).

4. The parties are bound by the Credit Card Agreement. The Arbitration Agreement states among other things:

(a) ARBITRATION MAY BE ELECTED BY ANY PARTY WITH RESPECT TO ANY CLAIM, EVEN IF THAT PARTY HAS ALREADY INITIATIED A LAWSUIT.
(b) IF YOU OR WE ELECT PRIVATE ARBITRATION OF A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM.
(c) CLAIM MEANS ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND OR NATURE BETWEEN YOU AND US.

(d) THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY AND ENFORCEABLE UNDER THE FEDERAL ARBITRATION ACT.


5. The Federal Arbitration Act (FAA) 9 USC, Section 1-2 provides:

“A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract, transaction, or refusal, shall be valid, irrevocable and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract”.

6. The Supreme Court Ruling, decided April 27, 2011, AT&T MOBILITY LLC v. CONCEPCION ET U, states that courts must enforce arbitration agreements according to their terms. If there is an arbitration clause in the contract, that clause must be honored.

"We have described this provision as reflecting both a “liberal federal policy favoring arbitration,” Moses H. Cone , supra, at 24, and the “fundamental principle that arbitration is a matter of contract,” Rent-A-Center, West, Inc. v. Jackson , 561 U. S. ____, ____ (2010) (slip op., at 3). In line with these principles, courts must place arbitration agreements on an equal footing with other contracts, Buckeye Check Cashing, Inc. v. Cardegna , 546 U. S. 440, 443 (2006) , and enforce them according to their terms, Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ. , 489 U. S. 468, 478 (1989) ."

Furthermore, "The “principal purpose” of the FAA is to “ensur[e] that private arbitration agreements are enforced according to their terms.” Volt , 489 U. S., at 478; see also Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp. , 559 U. S. ___, ___ (2010) (slip op., at 17). This purpose is readily apparent from the FAA’s text. Section 2 makes arbitration agreements “valid, irrevocable, and enforceable” as written (subject, of course, to the saving clause); §3 requires courts to stay litigation of arbitral claims pending arbitration of those claims “in accordance with the terms of the agreement”; and §4 requires courts to compel arbitration “in accordance with the terms of the agreement” upon the motion of either party to the agreement . . . "

7. The Defendant elects arbitration to settle this dispute per the agreement.


WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration pursuant to the stated Cardmember Agreement and to dismiss Plaintiff’s complaint due to Lack of Subject Matter Jurisdiction or in the alternative, to stay proceedings pending private/contractual arbitration.




Respectfully submitted this day July 20, 2017.


Amanda L. Cusano, Defendant, pro se



AFFIDAVIT
AFFIDAVIT
I, ME AND MYSELF, Ohio, MAKE OATH AND SAY THAT:
1.   I am over the age of eighteen and believe in the obligation of an oath.
2.   I am self represented as the Defendant  in connection with the above captioned matter.
3.   By pleadings dated 7/20/17, Defendant ME served Plaintiff Portfolio Recovery Associates via Javitch Block, LLC  in the above captioned matter with a motion to compel private contractual arbitration.
4.   The agreement appended hereto is the agreement in force at the time the account was last in good standing and contains the arbitration clause defendant relies upon.

STATE OF OHIO

COUNTY OF CCCCC


SUBSCRIBED AND SWORN TO BEFORE ME, on the 20th day of July, 2017


Signature _____________________________ (Seal)
NOTARY PUBLIC
My Commission expires: ______________________           

_______________________________

(Signature)
XXXX


ORDER FOR JUDGE AND THE PRA LETTER (JUST USED THE SAME DOCUMENT)
IN THE XXXX COUNTY COURT-EASTERN DISTRICT
XXX COUNTY, OHIO
PORTFOLIO RECOVERY ASSOCIATES, LLC ASSIGNEE OF WORLD FINANCIAL NETWORK BANK    Case: XXXX
                   
                      Judge: XXX
      
Plaintiff     
      
-vs-     
      
XXX
Defendant    


ORDER FOR DEFENDANT’S MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND DISMISS, OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION
The foregoing Motion having come before the Court and having been duly considered, it is hereby ORDERED:

      GRANTED      /                 DENIED


Dated this _____ day of _________________, 2017
XXX COUNTY COURT-EASTERN DISTRICT

By: ________________________
Judge of the Superior Court
       7/20/2017

TO:  Javitch Block, LLC
Counsel for Portfolio Recovery Associates, LLC
1100 Superior Ave., 19th Floor
Cleveland, OH 44114-2531

FROM:  XXXX

As per the requirements of the Arbitration Clause of the attached credit card agreement, I am notifying you that I am electing to use available and allowable arbitration to resolve this issue. 
 I am electing JAMS as the arbitration forum of choice in this matter. 

Cordially,

XXX, defendant
 







6
No, not as I read it.

tolls the thirty-day time period to file a notice of appeal until the disposition of the motion.


Consequently, a notice of appeal following the denial of a Rule 59 motion to reconsider encompasses both the denial of reconsideration and the underlying judgment


It appears that the Motion tolls the appeal until the Court makes a ruling on the Motion.

Rule 59 is a motion for a new trial or to amend a judgment.  A hearing on a MTC arbitration is neither a trial or a judgment. 
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Arbitration / Re: Arbitration and the Award of Fees. Help me understand.
« Last post by BellEbutton on Yesterday at 07:13:08 PM »
It is plain, and has two separate sections, each of which has its own meaning. The first suggests that you can agree to let the case go to small claims. The second prohibits arbitration for cases actually filed in small claims.

Why are we arguing this? I posted the rule, this is NOT a case that can be filed in small claims in OP's state.

I'm not arguing whether or not the lawsuit could be filed in small claims.

This is based upon your statement that "Anybody who loses an MTC based upon the Delaware Small Claims argument doesn't know what they are doing." , and that you would argue it using contra preferentum.  As I stated before, the language is plain.
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With Midland? They are bluffing. That was a copy letter of what they sent to JAMS. No response required by you.

the judge granted my MTC


Kohn should not be filing anything with the court since they relinquished jurisdiction to arbitration. However, it is meaningless because they are not trying to use the court to collect.
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Where do I state that I want PRA to initiate arb, and to cover all costs?


In the JAMS paperwork, IF the contract says they will pay. They do not initiate, you do. You are the one who asked for arbitration. It is your motion to file.



I can prove that my income is extremely low and therefore cannot afford to cover required $250 fee.  Also, how do I word this, and should I also include a copy of my taxes


Absolutely not. JAMS only has a fee waiver for California. You are doing fine, just send the paperwork. Don't worry about the fee UNTIL the Court approves your motion. Expect PRA to run away and hide, they always do.
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It is plain, and has two separate sections, each of which has its own meaning. The first suggests that you can agree to let the case go to small claims. The second prohibits arbitration for cases actually filed in small claims.

Why are we arguing this? I posted the rule, this is NOT a case that can be filed in small claims in OP's state.
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