Author Topic: cased stayed pending arb!  (Read 727 times)

0 Members and 1 Guest are viewing this topic.

nomorecredit

  • Valued Member
  • Posts: 714
  • Broke but Happy, Poor but Kind, Short but Healthy!
cased stayed pending arb!
« on: June 24, 2012 07:21:19 PM »
Phew!  I got another case stayed pending arbitration.

I was ordered and filed JAMS.

GE Cap is the OC and the debt is about 5k, do they usually follow through with arbitration?

If they DON'T do I wait it out and hope they disappear or file contempt if they don't pursue JAMS?
There is no victory without a struggle.

JDBStick

  • Valued Member
  • Posts: 555
Re: cased stayed pending arb!
« Reply #1 on: June 25, 2012 06:01:02 AM »
Do you have really good violations, or do you just want it to go away?

This will probably answer your own question. With mine, I just wanted to get out of the trap, not get out of the trap and get the cheese.
I am not a lawyer, but I did once ask to see the briefs of a really attractive paralegal.

GRINGO

  • Valued Member
  • Posts: 1365
Re: cased stayed pending arb!
« Reply #2 on: June 25, 2012 06:48:03 AM »
You need to read the Ge Capital one agreements very carefully.

I happen to have one that says "if a party files a lawsuit in court asserting claims that are subject to arbitration and the other party files a motion to compel arbitration, which is granted, it will be the responsibility of the party asserting the claims to commence the arbitration proceeding."

In other words, the JDB filed a suit against me, I happened to file a motion to compel(haven't been to court yet) and once I get this motion approved, I will quickly wipe the smile off the plaintiff's face when I read this part of the agreement to them and the judge!!
If you think I am an attorney, you are quite mistaken. If you are looking for legal advice check the  yellow pages!

nomorecredit

  • Valued Member
  • Posts: 714
  • Broke but Happy, Poor but Kind, Short but Healthy!
Re: cased stayed pending arb!
« Reply #3 on: June 25, 2012 12:34:14 PM »
No my violations aren't the greatest.

I would really like this to just go away.

So I just sit quietly and wait for SOL to run out? Does the SOL even count at this point?

Can't they just pop up in 3years or so and start the process all over again with me?

There is no victory without a struggle.

AXXEL

  • Valued Member
  • Posts: 1252
Re: cased stayed pending arb!
« Reply #4 on: June 26, 2012 02:09:21 AM »
Phew!  I got another case stayed pending arbitration.

I was ordered and filed JAMS.

GE Cap is the OC and the debt is about 5k, do they usually follow through with arbitration?

If they DON'T do I wait it out and hope they disappear or file contempt if they don't pursue JAMS?

Were they ordered to arbitrate also?

Good question about the SOL clock.  Does it toll until the court case is dismissed/discontinued, and then it was as if it never happened?  Hopefully someone will confirm that.


JDBStick

  • Valued Member
  • Posts: 555
Re: cased stayed pending arb!
« Reply #5 on: June 26, 2012 02:21:00 AM »
The SOL is tolled, until the court case is dismissed or settled. Then it is as if it never happened.

If it was me, I would just wait it out if that is your desired result.

That is why everyone always says to try to get the case dismissed without prejudice due to lack of jurisdiction. The tolled SOL will release.
I am not a lawyer, but I did once ask to see the briefs of a really attractive paralegal.

 

credit