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  1. Today
  2. Just giving an update, we ultimately decided on a settlement which was significantly less than what they claimed I owed. I’m wondering if they’re just refunded arbitration costs since we settled at much less than even the original fee to start the arbitration.
  3. Yesterday
  4. Ok I will take it out. It's in the ninth circuit judicial. Osceola county. I did a certificate if service and a proposed order, easy for the judge to sign.
  5. Rule 1.090 - TIME (d) For Motions. A copy of any written motion which may not be heard ex parte and a copy of the notice of the hearing thereof shall be served a reasonable time before the time specified for the hearing. I don't think the above rule needs to be cited. It doesn't add anything. I did a quick search don't know which circuit court you are in but some I looked at required following. All orders or final judgments shall include a certificate of service at the bottom of the order. Please indicate the name of the party who is to receive the order, as well as that party’s e-mail/e-service address OR mailing address, if a hard copy is required. It's important you check online for your particular court how to file your motion the court vary in their rules. Some courts when you are doing it in paper require x number of copies in envelopes (assume with postage) and the clerk will send it out to parties with notice of hearing) Others have you getting hearing date and sending out the motion and hearing date to plaintiff.
  6. Would it be helpful to add this #9: - Plaintiff had excessive amount of time to pay for the arbitration fee, regardless of change in counsel. Also, can you help with a summary?.. What else am I missing before I print all these pages? NOTICE OF DISMISSAL WITH PREJUDICE COME NOW the Defendant,_____________, Files a Motion To Dismiss With Prejudice Under Fla. R. Civ. P. 1.420(b) (b) Involuntary Dismissal. Any party may move for dismissal of an action or of any claim against that party for failure of an adverse party to comply with these rules or any order of court. Notice of hearing on the motion shall be served as required under rule 1.090(d) As amended through August 26, 2021 Rule 1.090 - TIME (d) For Motions. A copy of any written motion which may not be heard ex parte and a copy of the notice of the hearing thereof shall be served a reasonable time before the time specified for the hearing. Plaintiff’s Failure To Comply with Judge’s Court Order States as Follows: 1. Plaintiff e-Filed a Lawsuit against Defendant on 06/29/2020. 1st page included. Exhibit A. 2. Order to Compel Private/ Contractual Arbitration and Stay The Case Pending Arbitration was Granted by Judge Gabrielle N. Sanders-Morency on August 18, 2020. Exhibit A. 3. Defendant Complied with The Court’s Order and Paid The Arbitration Fee To Commence Arbitration November 30, 2020. Exhibit B. 4. JAMS Case Manager Contacted Plaintiff’s Attorney Recurrently with No Response (October 15, 2020; October 29, 2020; November 10, 2020; November 17, 2020; November 24, 2020; December 1, 2020; December 8, 2020; January 5, 2021; March 24, 2021). Exhibit C. 5. December 8, 2020, JAMS Case Manager, Emily Cabrera, was advised Attorney Ida B. Paez Was No Longer with Andreu, Palma, Lavin & Solis Law Firm, However, Plaintiff’s Representing Firm Remained The Same; New Counsel Information Was Requested With No Response or Update. Records From Court Case Showed No Change in Counsel Or Representing Firm as Of May 2021. Exhibit D. 6. December 23, 2020, Plaintiff’s Representing Firm Andreu & Palma Sent an Email To Defendant From The Same Email Address All JAMS Emails Had Been Sent To, help@andreupalma.com, Asking Defendant To Contact Firm To Discuss and Resolve. Neglectfully Bypassing The Judge’s and Court’s Order, and Neglecting Countless JAMS Request To Commence Arbitration. Exhibit E. 7. After Exhausting Contact, JAMS Case Manager Advised Case Would Be Closed The Following Week After April 15, 2021, Exhibit F. Having To Enforce Section 6(c) of its Rules, Rule 6(c): If, at any time, any Party has failed to pay fees or expenses in full, JAMS may order the suspension or termination of the proceedings. Exhibit F. 8. Defendant Contacted JAMS For Update and Was Provided an Email Confirmation Stating JAMS Case Is Closed. Exhibit F.
  7. @BV80 @Clydesmom Little late responding here but thank you for correcting my assumptions regarding § 811 above.@Macslick sorry if I caused any confusion, even if only briefly. Want to say I think I've been corrected on this before but, if so, it's been a few years and forgot. Need to stay in my lane (CA), lol.
  8. Exactly. Although most OCs don't use small claims court, even if they could for small debts.
  9. As suggested, I will be putting in a Proposed order for the judge. Is this ok? IN THE CIRCUIT COURT OF THE _____________________L CASE NO. 2____________ ABS Plaintiff, vs. ME Defendant. ORDER TO DISMISS WITH PREJUDICE The foregoing Motion having come before the Court and having been duly considered, it is hereby ORDERED: _______ GRANTED / _______ DENIED This _____ day of _________________, 2021 By: ________________________
  10. Ok, final draft? I think its ready?... (goodness I'm so nervous...) COME NOW the Defendant, _________, Files a Motion To Dismiss With Prejudice Under Fla. R. Civ. P. 1.420(b) (b) Involuntary Dismissal. Any party may move for dismissal of an action or of any claim against that party for failure of an adverse party to comply with these rules or any order of court. Notice of hearing on the motion shall be served as required under rule 1.090(d) As amended through August 26, 2021 Rule 1.090 - TIME (d)For Motions. A copy of any written motion which may not be heard ex parte and a copy of the notice of the hearing thereof shall be served a reasonable time before the time specified for the hearing. Plaintiff’s Failure To Comply with Judge’s Court Order States as Follows: 1. Plaintiff Filed a Lawsuit against Defendant on 07/22/2020. 2. Order to Compel Private/ Contractual Arbitration and Stay The Case Pending Arbitration was Granted by Judge Gabrielle N. Sanders-Morency on August ______. Exhibit A. 3. Defendant Complied with The Court’s Order and Paid The Arbitration Fee To Commence Arbitration November 30, 2020. Exhibit B. 4. JAMS Case Manager Contacted Plaintiff’s Attorney Recurrently with No Response (October 15, 2020, October 29, 2020, November 10, 2020, November 24, 2020, December 1, 2020, December 8, 2020; January 5, 2021; March 24, 2021). Exhibit C. 5. December 23, 2020, Plaintiff’s Representing Firm Andreu & Palma Sent an Email To Defendant From The Same Email Address All JAMS Emails Had Been Sent To, help@__________, Asking Defendant To Contact Firm To Discuss and Resolve. Neglectfully Bypassing The Judge’s and Court’s Order, and Neglecting Countless JAMS Request To Commence Arbitration. Exhibit D. 6. After Exhausting Contact, JAMS Case Manager Advised Case Would Be Closed The Following Week After April 15, 2021, Exhibit E. Having To Enforce Section 6(c) of its Rules, Section 6(c): If, at any time, any Party has failed to pay fees or expenses in full, JAMS may order the suspension or termination of the proceedings. 7. Defendant Contacted JAMS For Update and Was Provided an Email Confirmation Stating JAMS Case Is Closed September 2, 2021. Exhibit F. Respectfully submitted,
  11. I would include it. Just a note: For #7 of your MTD, I would include the date JAMS closed the case and also clarify that Section 6(c) is a JAMS rule. For instance, After Exhausting Contact, JAMS Enforced Section 6(c) of its Rules and Closed The Case on ___________ (date). Section 6(c): If, at any time, any Party has failed to pay fees or expenses in full, JAMS may order the suspension or termination of the proceedings.
  12. Should I cite the above "Fla. R. Civ. P. 1.420(b) (b) Involuntary Dismissal. Any party may move for dismissal of an action or of any claim against that.." in one of my points?...
  13. Either exhibits A, B, C … or 1, 2, 3, … Attorneys offices usually have some sort of stickers they put on them to mark the exhibits. I would sometimes just write the letters by hand on the top of the page.
  14. Last week
  15. Yes, I have all the emails from JAMS to myself and plaintiff, and the case closed from JAMS. how do I cite those? Say exhibit A, B etc? Thanks for the above, should I add this to the points as another point of dismissal? And no, this is my first go at this, and I have gotten this far with the amazing help of ALL OF YOU! I would be lost and a ball of anxiety and angst if it wasn't for all the kind people in this forum!
  16. I would add exhibits proving your statements listed. here is law Fl. law on motions. my guess you know what to do as you filed MTC. Fla. R. Civ. P. 1.420(b) (b) Involuntary Dismissal. Any party may move for dismissal of an action or of any claim against that party for failure of an adverse party to comply with these rules or any order of court. Notice of hearing on the motion shall be served as required under rule 1.090(d)... As amended through August 26, 2021 Rule 1.090 - TIME (d)For Motions. A copy of any written motion which may not be heard ex parte and a copy of the notice of the hearing thereof shall be served a reasonable time before the time specified for the hearing.
  17. So I see, that means the OC and file in small claims but a JDB can't.
  18. You need to read Sec. 1925.02: https://codes.ohio.gov/ohio-revised-code/section-1925.02 Specifically, (2)(a) A small claims division does not have jurisdiction in any of the following: (i) Libel, slander, replevin, malicious prosecution, and abuse of process actions; (ii) Actions on any claim brought by an assignee or agent, except a claim to recover taxes that is filed by any authorized employee of a political subdivision or any authorized officer or employee of the state or a claim filed by a person designated under section 1925.18 of the Revised Code to act as the representative of a prosecuting attorney; Emphasis added. A JDB is an assignee.
  19. Hello! Ok I finally did it. CAN YOU GUYS GIVE ME SOME FEEDBACK? I AM READY TO FILE TOMORROW~ AS ALWAYS, THANK YOU THANK YOU THANK YOU!!!!!!!!!!!!!!!!! IN THE CIRCUIT COURT OF THE _______________, IN AND FOR _________COUNTY, __ Case No.: ___________________ ABS INVESTMENTS, LLC., Plaintiff. vs. ME, Defendant, / COME NOW the Defendant, V, Files a Motion To Dismiss With Prejudice Under the Following Terms: Plaintiff’s Failure To Comply with Judge’s Court Order States as Follows: 1. Plaintiff Filed a Lawsuit against Defendant on 07/22/2020. 2. Order to Compel Private/ Contractual Arbitration and Stay The Case Pending Arbitration was Granted by Judge Gabrielle N. Sanders-Morency on August 18, 2020. 3. Defendant Complied with The Court’s Order and Paid The Arbitration Fee To Commence Arbitration November 30, 2020. 4. JAMS Case Manager Contacted Plaintiff’s Attorney Recurrently with No Response. 5. December 23, 2020, Plaintiff’s Representing Attorney Andreu & Palma Sent an Email To Defendant Asking Contact To Discuss and Resolve. Neglectfully Bypassing The Judge’s and Court’s Order, and Neglecting Countless JAMS Request To Commence Arbitration. 6. JAMS Case Manager Continued To Notify Defendant To Pay the Arbitration Fee, Without Success. 7. After Exhausting Contact, JAMS Enforced Their Rules and Closed The Case. Section 6 (c) If, at any time, any Party has failed to pay fees or expenses in full, JAMS may order the suspension or termination of the proceedings. Respectfully submitted,
  20. I just want to say that a win is something that the OP can agree and live with, whatever that might be. For some, that is paying some money but not the full amount, for others, that is an outright dismissal without paying anything. Each situation and person is different so if you are happy and can live with the settlement, you have won.
  21. @Mistymouse4590 Indeed this was settled on the 10/19. We came to a mutual settlement after a bit of back and forth countering. Looking back im not sure if this case could have went anymore perfect. Ideally we want an outcome of $0 and a mutual walk away with prejudice but every situation is gonna be a bit different. I do honestly believe had I held on just a bit longer that would have been something i could have achieved. It was long and drawn out but at the end of the day its over and I am ready to move on with my life. I followed all the advice from the members on the site and stuck with @fisthardcheese arbitration instructions exactly and it could not have went any smoother. The process should not be scary. Although it was a huge weight and worry on my shoulders everyday. If you follow the procedures and do just a little research you can beat these clowns. So long story short the JDB followed me into arb. It cost me $250 with JAMS to file and then Velocity paid $1500 to follow. After that it was up to us to mutually decide on an arbiter. There was a list of 5 arbiters sent. I sent my top 2 to the attorney and they choose the arbiter that had a 7k per day fee. There are also many other fees that can be added along the way. It was this attorneys first time in arbitration so I honestly don't think she had much knowledge of how the fees worked. After the arbiter was decided they sent Velocity a 5k retainer to get started. The other fees would have been added at the end I would assume. The lawyer took her time as she did with every thing else. They finally contacted me about a settlement. I politely declined and countered. Now, Looking back I have to say that it was likely very possible to walk away unscathed from this however I wanted it finished. They re-countered my offer and again i declined sticking with my original offer. 24 hours later confirmation email stating they had accepted my offer. The original debt would have been null to them and they would have likely payed more at the end of this than the actual starting debt had it went that far. So i doubt they made much if anything after the initial court filing and then following into arbitration. I can easily say this is a win for me. Some might feel otherwise but its what i felt best about. I could list many names here at the end but i'm sure i would forget someone. With that being said I want to thank each and every great soul that helped me along this journey. We had two cases and the first was dismissed without prejudice before entering arbitration and then this one. Absolutely could not have done this with out you great guys and gals. Lets go Brandon!
  22. A quick search of Ohio code shows there is a small claims court and it allows Attorneys and covers claims up to $6000. Section 1925.01 | Small claims division established. Ohio Revised Code / Title 19 Courts-Municipal-Mayor's-County / Chapter 1925 Small Claims Divisions Effective: October 17, 1996 Latest Legislation: House Bill 377 - 121st General Assembly (A) Each municipal and county court shall establish a small claims division. (B) Proceedings in the small claims division of a municipal court or a county court may be conducted by a magistrate appointed by the court. The magistrate shall be a person admitted to the practice of law in this state and shall receive the annual compensation that the court prescribes. In the case of a municipal court magistrate, the compensation shall be payable from the same sources and in the same manner as provided in section 1901.11 of the Revised Code. A part-time village solicitor or city director of law or part-time assistant village solicitor or city director of law of any municipal corporation may be appointed as a magistrate, serve in any case in which the municipal corporation is not an interested party, and receive the prescribed compensation. (C) Except in the Cleveland municipal court, the court may appoint an administrative assistant for the small claims division, who shall perform the duties that are assigned by the court. In the Cleveland municipal court, the clerk of the court is the administrative assistant for the small claims division and shall perform the duties in that capacity that are assigned by the court. (D) The appearance of an attorney at law on behalf of any party is permitted but not required. Notice to the attorney of record for a party is equivalent to notice to the party. (E) The court may establish, by rule, procedures for hearing actions in the small claims division during evening hours on one weekday, or on Saturday. A division that has established voluntary conciliation procedures under section 1925.03 of the Revised Code may devote a portion of its evening or Saturday hours to conciliation procedures. (F) A municipal or county court that has over two hundred fifty thousand persons within its territorial jurisdiction may establish neighborhood offices of the small claims division and may establish, by rule, times and procedures for holding sessions of the division at the neighborhood offices. If neighborhood offices are established, the legislative authority of the municipal court establishing the office, as defined in section 1901.03 of the Revised Code, and the board of county commissioners of the county in which the county court establishing the office is located may provide suitable accommodations and facilities for the neighborhood offices, as provided in sections 1901.36 and 1907.19 of the Revised Code.
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