Find another attorney. He does not understand arbitration and does not know what he is talking about.
The consumers fess is capped to 250 and the creditor pays for the arbitration. If your contract has arb in it, and you send a letter electing arb. if they subsequently sue you they are violating their contract and you can sue them.
Show your "attorney " my post and tell him to get educated on the process. His answer is typical for attorneys who do not understand arb. If you chose the arb path, there is not money in it for him.
Assuming serving them arb papers will work ?? If it's in the contract, it will work. What does he not get ??
Looks like OP is an Attorney representing a client and trying to make a fees for representing the client.
No sir I'm definitely not an attorney. However, I did have an attorney but it seems that he is inexperienced dealing with AMEX
I contacted a few other firms today but if the oppoturnity for them to make money is limited with JAMS I doubt if they will be willing to help.
I am guessing I may have to go solo on this.
If any one has a blueprint or handbook on how to invoke JAMS arbitration, please share. I'd really appreciate it.
No OP isn't an attorney. The reaction he got is very common with consumer attorney. 9 out of 10 do not know how arb works, even many judges have no idea when a case is presented in court and the defendant wants a stay pending arbitration.
OP - You need to go to Amex site and get the agreement. Then go to JAMS site and get forms. Fill out the forms and send a copy to JAMS and to Amex. Google JAMS arbitration with Amex, plenty of info. Its easy, no need for attorney.
- what is my upfront cost if I invoke JAMS?
- can I end up paying more in legal fees if I lost or for arbitration?
I'd really appreciate any guidance you can give me.
Jams for the consumer is capped very low around $200 plus or minus. Amex side of JAMS costs them several thousand. Amex is well known in some groups to follow peope into JAMS and spend more on Jams than the account balance. You do not need an attorney. If you read up on arbitration your expense will be -0- but their will hit $30,000. plus attorney time. I would wate and see if they went after me before pokeing the bear.
So I am getting 2 very conflicting arguments whether to invoke JAMS or not.
Meanwhile my attorney responded with this:
The US Supreme Court has issued decisions in the past few years that trump CA law regarding arbitrations. So, I need to know what you are seeing to research if that is correct. Furthermore, arbitrators almost always decide against the consumer. Here is an article from the LA Times about that Credit card issuers shouldn't bully customers into arbitration clauses: http://www.latimes.com/business/la-fi-lazarus-20150324-column.html
What are the TCPA violations? It is my understanding, from what you told me, you have debt on the cards but cannot pay the balance and what to settle them.
So I really dont know what to do. I just want the negs off my report even if that includes paying them some money. I need leverage and it seems withou JAMS there is no leverage to settle or remove negs.
If your account reads paid in full, closed, it won't be an issue. Even if present and open your lender will ask for letter of explanation during mortgage application process. This won't keep you from obtaining a mortgage, but if you display you are actively attempting to rectify the situation it will look better. I had similar debt value with multiple collection agencies and Wells Fargo was very easy to work with back in October.
Get another attorney.... That article was written with regards to class action suits.
You have received good advice here and other places....initiate in JAMS
I do not have the copy of the AMEX card agreement. Is there any way to get a copy of it from AMEX or online when I actually signed or agreed to their new TOS last?
I am ready to file TCPA claims in JAMS, alleging they didn't have express written consent to call with a dialer. I know it is not the best claim but I have to start somewhere and I had to block their number because they kept calling every few hours.
I just want to make sure that I understand this process correctly:
1. I file JAMS claim here: https://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf
what happens next?
2. It says that Arbitrator may sanction the party for attorney fees? Is that valid in California?
Please advise, I am ready to move forward.