She should be getting a $1400 case management fee here soon. A letter back in February said it will be assessed once arbitrator has been appointed. Which just made me think of another reason to get the 22k now. She paid the first, thinking it was the 22k and “frivolous” so she anticipated getting that money back. I am kind of worried she will go ahead and pay that $1400 thinking the same thing, that this is the 22K and it's frivolous. (when we got off the phone hearing, she still thought it was)
@fisthardcheese To add to the above, the benefit I see getting the 22K thrown out of the 3K NOW and not LATER is the 22K will be closed with AAA and I will have a letter showing the court, she will KNOW the 22K is not in the case we are in right now and I can get the case dismissed in court. (I guess even is she is still confused, I am not sure What evidence she would to prove the case isn’t closed) If I leave it in there and it takes a turn and they let her keep it in there, then I have to continue dealing with update conferences and stuff in the court system.
In order for me to file a motion for sanctions, I would first need to file a motion to lift the stay. Once the stay is lifted, the door would be open for the JDB to file motions of their own. This is why I wanted to keep the stay in place.
The court clerk told me she will be sending letters out in the not-too-distant future on cases that have not had any activity for more than a year. This letter would be sent to the JDB's attorney with a copy to me. Once this is received, I can respond by saying the case should be dismissed with prejudice due to the amount of time that has lapsed and the JDB's failure to further prosecute.
If you want to settle with them, that's your option. BUT, I think you have a much better option, when dealing with a JDB and the OC is Synchrony: arbitration. Best arb info:
I would file an answer to the lawsuit and a MTC Arb. You can make this go away for much less, probably around $0.