AAA! My favorite new arbitration forum!!!

[trueq]

3 weeks ago I filed a AAA arbitration against a debt collector trying to collect an old AT&T bill out of statue. (In WI, Statue of Repose makes the mere act of collecting an out of statue debt, illegal)

I filed it as a consumer arbitration with a fee waiver.

Debt collector came back with an excoriating 10 page brief on how its a commercial AT&T claim being collected and that I should not get benefit of AAA consumer rules. They were also whining the AT& T arbitration clause does not apply to them. It must have cost $1000 for their attorney to prepare.

AAA gave me a week to respond before they decide which set of rules to apply to the arbitration.

Well, I've been busy on the global debt collection war front and I completely forgot to respond to "save the consumer AAA application." (And I had an eloquent treatise lined up on how I am a consumer, under my state law, because they did not cough up one document with their illegal and harrassing phone calls)

I get a fax from AAA this P.M.

Due to claimants (me) failure to timely respond, accordingly the association (AAA) will apply Commercial Arbitration Rules...

"Pursuant to the contract submitted by Claimant the business (debt collector) is responsible for remitting the filing fee and the arbitrator's compensation. Accordingly, the business is requested to remit $1725.00 to the Association before XXXXXX"

SCOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOORE!

Anybody being harrassed by anybody for any AT&T bill for anything...file a AAA arbitration against them!!!!!

I'm now going to amend my complaint upward over the $75,000 threshold.

MG05, you are completely right!!!!!!!!

[MG05]

Good job TrueQ ... Make them pay!

[GAMtgGuy]

I've been crafting my claims with AAA, and the only thing I'm 100% sure on at this point is that they will most definitely exceed 75k.

[trueq]

AAA "consumer only pays a little rule" goes out the window on claims over 75K.

The commercial rules get employed on consumer claims over 75K and as near as I can tell its 50/50 pay on commercial rule set!

I only got away with full pay in case above because the AT&T arbitration clause says AT&T (or its assigns and agents) will pay 100%.

So make sure the arbitration clause you are dealing with says business pays 100% or they may practice a "make it expensive for you until you go away" policy!


Read (and view) this for a full academic treatise on AAA fees and practices:

http://searlearbitration.org/

Just be careful about getting tagged with arbitration fees.

[BrokeBob]

Originally Posted by trueq

AAA "consumer only pays a little rule" goes out the window on claims over 75K.

The commercial rules get employed on consumer claims over 75K and as near as I can tell its 50/50 pay on commercial rule set!

I only got away with full pay in case above because the AT&T arbitration clause says AT&T (or its assigns and agents) will pay 100%.

So make sure the arbitration clause you are dealing with says business pays 100% or they may practice a "make it expensive for you until you go away" policy!


Read (and view) this for a full academic treatise on AAA fees and practices:

http://searlearbitration.org/

Just be careful about getting tagged with arbitration fees.

Can one go over $75k in JAMS and still make the alleged creditor pay?

[trueq]

there is no limit to consumer claims in terms of the arbitration fee structure. The big hurdle is to maintain the "consumer" nature of the arbitration. So if there is a whiff of commercial, be careful.

The only issue in JAMS is the complex rule set MUST be used if the consumer claim is over $250,000. You cannot use steamlined rules when claim goes over that amount.

Charge to consumer is $250 if you initiate. $0 if non consumer party initiates.

But fee waivers are available in JAMS.

[david9041]

Originally Posted by BrokeBob

Can one go over $75k in JAMS and still make the alleged creditor pay?

Yes you can , I amended my claim to 300,000 in JAMS so I would get Comprehensive Arbitration , Cap1 paid all costs and fee"s , I filed a waiver and JAMS sent my bill to Cap1 and they paid my Fee's also , demand in person hearing in your home town , Cap1 has to pay it all . Now if its not Cap1 you want to check with Trueq or MG05 , they can guide you . They can get away with dealing with your closest JAMS office tho , I was all set up with the Vegas office and now we are switching to the Atlanta office because Cap1 cried it would be more cost effective ,

[MG05]

Even with a claim of $1.00 they have to pay $1,700.00 to defend it! The beauty of the deal is they have to pay if they want to play! No lawsuits unless they arbitrate and that is what kills the collection attempt. Simple American greed and economics come into play!

[MG05]

I learned today that AAA arbitration will refund your $125.00 fee if the other side does not proceed. Spoke with Case Manager today on my case and they billed the JDB $975.00 just to start the proceeding. The costs will change as I decide how I want to pursue the matter. $975.00 is just the filing fee for the JDB … if I chose to have a local arbitration the costs go up significantly. The JDB has only a certain amount of time to proceed or the arbitration will be canceled. Canceled arbitration ends any hope of them to claim the debt in court. $975.00 is just the filing fee … then you have so many other associated costs. Not many JDB will drop that kind of money to collect on a small debt! Effectively you have eliminated any local court lawsuit. The bonus is your not out any money if they don’t proceed!

[trueq]

If they don't pay their fee, I will drag them into Federal court for an order to compel them to pay!

I'm facing that prospect right now on the Opening post. They got until Tuesday to pay the $1700. If they don't, I'm going to get a court order!

[MG05]

Trueq … I have no doubt that anyone who thinks they can cross you on a debt is going to pay! I have never been looking forward to being sued as I am these days! How arbitration has changed everything these days. From a simple tactic you came up with months ago to the absolute game changer you have turned it out to be! No matter what the detractors say … arbitration has changed the game in debt collection.

[Andyt293]

It's working for me (or my bank account), unfortunately I can't talk about it until the checks clear.......

[imhuami]

Read (and view) this for a full academic treatise on AAA fees and practices:



Excellent link

Thanks for sharing it.

[rippedoff]

I am so confused about all this arbitration stuff that trueq is talking about. At what point is it too late to pull that out? And against which CC does it work well?
Can you point me to some of your early threads or a brief summary? And what things are evidence to get such big claims?
I see that the court battle is not so easy and I'm trying to form a plan for each of the others that are waiting in the wings. We went through heck around here before finally letting the phone get shut off and getting a different service. So far it's quiet.

[david9041]

Originally Posted by rippedoff

I am so confused about all this arbitration stuff that trueq is talking about. At what point is it too late to pull that out? And against which CC does it work well?
Can you point me to some of your early threads or a brief summary? And what things are evidence to get such big claims?
I see that the court battle is not so easy and I'm trying to form a plan for each of the others that are waiting in the wings. We went through heck around here before finally letting the phone get shut off and getting a different service. So far it's quiet.

In my cases Cap1 failed to have me served properly , they just left the summons ( I was out of the State at the time ) the Server then falsified the Verified Return of Service , I notified Cap1 that it was falsified but they later submitted the false evidence to have my motions denied , I am claiming my rights to due process was denied as well as my Civil Rights ( Court action without being served )

But anything you can find that caused you damage gives you cause to claim what you consider fair , I myself get damaged a lot by their immoral and illegal actions . To stop the phone calls send your DV letters with the election of arbitration , it has worked for us .

[trueq]

here

http://www.debt-consolidation-credit...d.php?t=299152

here

http://www.debt-consolidation-credit...ght=scoreboard

& here

http://www.debt-consolidation-credit...&highlight=AAA


In WI you can waive your right to arbitrate if you wait too long. So if you are going to exercise the arbitration clause, sooner than later is key!

One big law firm is now challenging the waiver issue for people that waited too long in WI. (so creditor can ESCAPE arbitration!)

[rippedoff]

Originally Posted by trueq

here

One big law firm is now challenging the waiver issue for people that waited too long in WI. (so creditor can ESCAPE arbitration!)

Which firm? K? Z?

[rippedoff]

I'm not clear what 'too long' means. What rules that? And what arbitration clause would apply?
The attorney sent me a agreement that was printed around the time of the last transaction. It wouldn't have been made 90 days before alleged default.
Then I read in the annot that 'at any stage of litigation' can include after the judgment and 'after the final judgment' can mean after the judgment is rendered and motion for reconsideration means it wasn't the final judgment yet. Pretty hard to follow.

[trueq]

The right to arbitrate may be waived. Conduct that allows an action to proceed to a point where the purpose of arbitration is frustrated estops a party from claiming a right to arbitration. Meyer v. Classified Ins. Corp. 179 Wis. 2d 386, 507 N.W.2d 149 (Ct. App. 1993).

Been told the creditor attorneys only defense to escape arbitration is this!

Some are arguing if you answer..thats waiver.

That's implausable, but a pain in the posterior for the consumer.

Generally, going through pre-trial conference should be the line, but some judges say its before that. 1 judge said my MTD could be construed as waiver.

So tread lightly on litigating if you are going to pull arbitration!

[david9041]

Originally Posted by rippedoff

I'm not clear what 'too long' means. What rules that? And what arbitration clause would apply?
The attorney sent me a agreement that was printed around the time of the last transaction. It wouldn't have been made 90 days before alleged default.
Then I read in the annot that 'at any stage of litigation' can include after the judgment and 'after the final judgment' can mean after the judgment is rendered and motion for reconsideration means it wasn't the final judgment yet. Pretty hard to follow.

What is to long is all over the place , I lay the ground work for arbitration right away , with Cap1 they attached a 2005 agreement with the complaint , but they claimed the agreement had been years before , I claimed I could not have agreed to an agreement that did not exist at the time , when I pulled out they had presented a signed document and all the invoices , had their SJ in place but I argued no proper accounting or agreement and elected arbitration , the judge granted it and gave me a 60 day stay , I then objected to the time limit , I have put one case in arbitration and on another I let the 60 days run out so I could get a ruling on a motion before I file arbitration , I am kind of playing with fire on that case , but it will be interesting , You can argue they are denying your arbitration rights if the agreement is not correct , check the copyright date .