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Once plaintiff files suit, even before you are served, in most jurisdictions you can file an answer, motions, and have full discovery at your disposal.
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"If I file and serve JAMS arb before AmEx serves me on the civil suit, I was thinking that, according to the card holder arbitration clause (and also my JAMS arb election letter sent to AmEx CM/RRR) and fait accompli of JAMS arb filing and service, that AmEx would no longer have the the legal right to serve me and pursue their claim under the jurisdiction of NYS civil court. It seems like their civil case would be made null and void."

You would be wrong.  AMEX has already filed in court so you are going to have to file a MTC and get it approved and issued by the court.  Your filing in JAMS now after they already sued (regardless of whether you have been served yet or not) means the court has jurisdiction until the Judge says otherwise in a MTC hearing.  You would not be the first nor will you be the last to have their MTC denied by the court. 
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Once plaintiff files suit, even before being served, in most or all jurisdictions you can file a motion or answer, b and you have full discovery at your disposal.

I have done this before, winning a motion to dismiss before even being served.
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To file in JAMS, do I just download this form and fill it out, then do service in person to someone in the New York Times Bldg, service in person to someone at AmEx's legal office at the American Express Tower in Manhattan, and also mail copies to both addresses CM/RRR?

https://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf

What do I put down for 'NATURE OF DISPUTE / CLAIMS & RELIEF SOUGHT BY CLAIMANT'?

Am I looking for 'MEDIATION IN ADVANCE OF THE ARBITRATION'? And if so, why?
 
Do I choose 'ELECTION FOR EXPEDITED PROCEDURES' and if so why?

Based on NYS court filing fees, what fees am I liable for when filing? Can I ask AmEx to pay the fees?
https://www.nycourts.gov/forms/filingfees.shtml

Thanks for any help with this.
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And, remember, a suit isn't joined until you are served.

And that MTC that you are going to file?  You're going to have to go to that hearing.


What do you mean by the suit isn't joined until I'm served?


I guess what I was trying to do was to preempt the need to file a MTC, so as not to require the court's permission to change the jurisdiction, as jurisdiction will already have been established as being in JAMS. Or that's the idea anyway.

If I file and serve JAMS arb before AmEx serves me on the civil suit, I was thinking that, according to the card holder arbitration clause (and also my JAMS arb election letter sent to AmEx CM/RRR) and fait accompli of JAMS arb filing and service, that AmEx would no longer have the the legal right to serve me and pursue their claim under the jurisdiction of NYS civil court. It seems like their civil case would be made null and void.

But I'm not clear about the legalities of this, which is why I'm posting. If I file and successfully serve AmEx before they serve me, is that sufficient? Or does JAMS have to approve my filing or some other bureaucratic procedure before the dispute is officially in JAMS arb jurisdiction?

Even if I'm successful time-wise in filing and serving, I suppose it could get sloppy and I'd need to defend myself in court if AmEx presses the issue. Perhaps if I am served by AmEx my answer can be something along the lines of 'the court does not have jurisdiction over this dispute as it's technically already in arbitration'. If AmEx wanted to shift the venue to civil court, they could argue that in arbitration and against the terms of their own contract. Right?

CleaningUp, do you know of a good accessible easy-to-follow source to help me prepare my JAMS filing?
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And, remember, a suit isn't joined until you are served.

And that MTC that you are going to file?  You're going to have to go to that hearing.

But be careful about how often your ask for continuances from the court.  The first one is somewhat pro forma.  But they become harder to get the next time.  And if you are continually asking for continuances, there is going to come a point when the court decides that you are trying to duck the process, and they REALLY don't like that sort of thing.  If you get to that stage, your presence is going to be a requirement with only your emergency admission to a hospital for cardiac surgery getting you off the hook.  The courts don't care it if is inconvenient for you.


p.s.  Unless your state is one of those that extend the FDCPA terms to an original creditor, you're going to have nothing to hang your hat on to get any leverage.

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TCPA / Re: TCPA violation from a resort in Cancun
« Last post by CleaningUp on Today at 03:06:25 AM »
Sure, you can sue them.

The problem is in serving them.

And what are you going to do when you DO get a judgment to collect on it?

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I'm in NYS/NYC Kings County.

I've come to learn that AmEx has filed a civil lawsuit to collect an alleged debt earlier this month, but they have not yet served me. I visited the court clerk and made a copy of AmEx's complaint.

A forum member, BrokeBob, has suggested that I hurry and file for JAMS* arb as soon as possible and serve AmEx before AmEx actually completes service of its court papers ... and that this would hopefully forestall the court case and prevent me from having to deal a MTC.

If this is a sound strategy, I need to get in gear, get paperwork together, and file it on Monday ... to win the race. Any opinions?

Also, can anyone pint me to a digestible short primer and instruction on initiating and filing with JAMS which covers all the steps through service of papers? There's so much info on JAMS arb that it's completely overwhelming.
Thanks a bunch!


More info here:
http://www.debtorboards.com/index.php/topic,30113.0.html


*from cardholder agreement 2011:
Payment of Fees
You will be responsible for paying your share, if any, of the arbitration fees (including filing, administrative, hearing and/or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in the state or federal court closest to your billing address that would have had jurisdic- tion. We will be responsible for any additional arbitration fees. At your written request, we
will consider in good faith making a temporary advance of all or part of your share of any arbitration fees. You will not be assessed any arbitration fees in excess of your share if you do not prevail in any arbitration with us.
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Sample Pleadings / Re: Amexican Express lawsuit against me.
« Last post by LegalTender on Today at 02:31:12 AM »
Oh, I didn't know that.
Anyone else care to field the SOL question?
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Thanks for the ideas BrokeBob.

If I understand you correctly, this could be a race to select the legal venue? And perhaps a race to complete service to the other party?

If I can avoid AmEx's process server and for example file next Monday with JAMS, that might forestall any further civil court action?

Would I still need to deal with the civil court lawsuit in any way, shape, or form? Would it be discontinued?

Would AmEx be in any sort of consumer protection law violation if I filed for JAMS ASAP(!) ... and after I served them the JAMS papers, they subsequently serve me on the civil court case?

I'm in Kings County NYS/NYC.


I would file against them for violation of the FDCPA for performing an act they can't legally do (file suit after you elected arbitration).  Some people here say that won't fly.  That is up to the arbitrator.  I've done that many times, and it's never gotten to an arbitrator.

Why not? What have OI got to lose? I'm looking for any bit of leverage I can get.

Urgent request:
Can anyone point me to the short version of filing an expedited case with JAMS? Some sort of digestible walk-through? It's a little overwhelming being face-to-face with all the rules, procedures, docs, etc.

BrokeBob I'm thinking if what you say about my filing with JAMS before I get served is accurate, I can prepare the docs over the weekend and file ASAP first thing Monday morning.
I'd need to know what the minimal acceptable requirement is for filing JAMS paper work, i.e. the minimal amount of legal research/brainwork necessary to just get the case filed and served (to win the legal venue race) without hamstringing or waiving any of my rights/defenses/counterclaims in the case and perhaps I can later amend my filing to make it stronger by adding additional claims, counter claims, defenses, etc. I'm looking just to get a case filed with JAMS as a place holder as it were and complete my service to AmEx. Then polish it up and strengthen it later. Or does it not work that way, do I need to get all my t's crossed and i's dotted before filing?

I'd love to get some feedback fro the community: does that sound like a sound strategy?
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