I forgot to post this sooner, but it's not too old and may help someone else. In this matter, I decided to hold off on dealing with the Court case, and just pulled the trigger with a JAMS Demand on a JDB that filed suit.
The lawsuit was served Sept 3, 2011, filed JAMS demand via fax on Sept 9th. Plaintiff's attorney called Sept. 12. Received Mutual walk a few days later.
More details are provided in this thread http://www.debtorboards.com/index.php/topic,17477.msg140862.html#msg140862
We didn't even have to file an answer, and basically just sent 2 faxes and made a few phone calls. Now I know this was just a JDB, but nonetheless, start to finish in under 2 weeks which is a record for me.
Ok, no new record here but basically I just completed a rinse and repeat with the same JDB- Portfolio, same exact procedure as above. This one took longer as this was with a different local firm and they ignored everything I did.
I was thus forced to File an answer and I also filed a MTC at the same time and scheduled a hearing date. They filed no response. The attorney that showed up for the hearing claimed he was trying to get ahold of me. I inquired if it were by telepathy, or indian smoke signals, because nobody called me period. We then went to talk in a conference room.
Offers were discussed: He asked me for an offer and although I never make offers I decided to mess with him so I offered $500, and he countered with $900. I replied: We have a deal! The attorney said really? I said sure, if you want to pay me more that's up to you.
He then indicated that he wouldn't be paying me, and I replied: Oh yes you will, you can pay me now, or pay me more later. I then said let's just go see the Judge, my coffee's getting cold.
He then indicated he'd just voluntarily dismiss the case prior to the hearing, and I said: Do whatever you want, but I refuse to withdraw the JAMS demand because they could just sell it and start everything all over again. The attorney said Well, arbitration ya know is very expensive to which I replied and so is paper and ink.
I advised him he'd wasted my time by forcing an answer and a MTC and I then handed him the dismissal paperwork that I had previously drafted and sent to his office. The case was then dismissed and I told him I see him in Arbitration.
I then waited a week decided to call the kid up and force a walk. I told him I had good news for him, that I was considering dropping the JAMS case and just suing in Federal court to help his client save some money and he'd be a hero.
I then quickly changed topic and asked him where the JAMS case was at? He indicated he hadn't heard from them. I then said here we go again, and told him there's this thing called a telephone with numbers on it and that he needed to call JAMS, get the case number to move things along.
Next, I told him to not do anything, that I'd do it and call him right back, followed by instructing him that since I'd already done all the work that for now we should just wait.
At this point I took a breath and said, Well, are you going to say anything or what? He replied: Are you talking to me? I said Listen, I don't think there's anyone else around but us, and Yes, I'm talking to you.
I continued on making contradictory demands and eventually I ended the call and achieved nothing. I was disappointed but think I confused him with my rapid fire topic switching.
10 minutes later he called back and offered a mutual walk. It's now done. Again, I know it was against a JDB but nonetheless an easy win and 2K now gone. Start to finish 2.5 months, most of which was spent waiting for the hearing date and execution of the release.
