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small claims court and directv

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mjordan10

Member
anyone had any experience with JAMS RE: Directv?

I'm looking for anyone's experience regarding JAMS and Directv arbitration.
Please move this to another forum area if needed.
Thanks, I have learned to ask many questions regarding Directv before I get involved with them anymore.
 

Xanthor

Junior Member
clarification

We're not talking about CA law :rolleyes:

ETA: 19 years ago, DirectTV didn't exist!
Sorry, let me clarify. The lawsuit was against at&t 19 years ago. This time around its against the AT&T dish Network branch. I try small claims when I can, to prevent long dragged out cases. This one is taking a little longer while waiting for the subpoena to be responded to from another company not involved in the lawsuit. Only thing saving me from losing the case is not signing the contract.
 

mjordan10

Member
You won't be getting a day in court:

from The page cannot be found

9. RESOLVING DISPUTES

In order to expedite and control the cost of disputes, you and we agree that any legal or equitable claim relating to this Agreement, any addendum, or your Service (referred to as a "Claim") will be resolved as follows:

(a) Informal Resolution. We will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding (except for Claims described in Section 9(d) below) for at least 60 days after one of us notifies the other of a Claim in writing. You will send your notice to the address on the first page of this Agreement, and we will send our notice to your billing address.

(b) Formal Resolution. Except as provided in Section 9(d), if we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration. The arbitration will be conducted under the rules of JAMS that are in effect at the time the arbitration is initiated (referred to as the "JAMS Rules") and under the rules set forth in this Agreement. If there is a conflict between JAMS Rules and the rules set forth in this Agreement, the rules set forth in this Agreement will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state's law. If you decide to initiate arbitration, you agree to tell us in writing the amount that you would pay to file a lawsuit against us in the appropriate court of law in your state. Unless we agree to pay your fee for you, you only need to pay an arbitration initiation fee equal to such court filing fee, not to exceed $125; we agree to pay any additional fee or deposit required by JAMS to initiate your arbitration. We also agree to pay the costs of the arbitration proceeding. Other fees, such as attorney's fees and expenses of travel to the arbitration will be paid in accordance with JAMS Rules. The arbitration will be held at a location in your hometown area unless you and we both agree to another location or telephonic arbitration. To start an arbitration, you or we must do the following things:

(1) Write a Demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at jamsadr.com.

(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to:

JAMS
500 N. State College Blvd., Suite 600
Orange, CA 92868
(800) 352-5267

(3) Send one copy of the demand for arbitration to the other party.

(c) Special Rules. (i) In the arbitration proceeding, the arbitrator has no authority to make errors of law, and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator's decision is final and binding on all parties and may be enforced in any federal or state court that has jurisdiction. (ii) Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. Accordingly, you and we agree that the JAMS Class Action Procedures do not apply to our arbitration. If, however, the law of your state would find this agreement to dispense with class arbitration procedures unenforceable, then this entire Section 9 is unenforceable .

(d) Exceptions. Notwithstanding the foregoing: (i) any Claim based on Section 1(i) above, and (ii) any dispute involving a violation of the Communications Act of 1934, 47 U.S.C. §§ 605, the Digital Millennium Copyright Act, 17 U.S.C. § 1201, the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, or any other statement or law governing theft of service, may be decided only by a court of competent jurisdiction.
Well I did receive a final bill for a credit card reverse of charges.
I sent a letter to Directv certified mail stating I disputed the bill amount and that I was trying to resolve this informally according to their 9a section.
And if it could not be settled informally I would escalate to 9b.
I did receive the post office delivery recept but nobody signed it, it was stamped "correspondence received".
How do I know Directv is not going to put late payment info on my credit report?
 

mjordan10

Member
never ending story

Well I have been sent 6 letters from Directv and various Nationwide Credit Inc locations.
Each letter I have responded to in writing certified mail disputing the amount and validity of the debt. After 6 letters they failed to provide me with a signed contract.
Time to try their arbitration.
Can anyone tell me if I need to send any money to initiate the arbitration process with Jams?
The Directv version and Jams version are not the same.
Jams is here
JAMS Arbitration, Mediation, and ADR Services | Consumer-Arbitration-Minimum-Standards

Directv is above in this post earlier.
Thanks
 

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