fisthardcheese

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fisthardcheese last won the day on January 11

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About fisthardcheese

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  1. It would not be unusual for an attorney to file something improper and the judge to accept it. Judges do not act on their own. You must point out errors or wrong filings and cite the rules for them to do anything about it. I would never assume it's all fine just because the judge allowed it. I would be looking at the rules. If it were me, I would file the objection immediately and not wait.
  2. AAA will administer any case with a court order. I have previously emailed them to ask in order to have proof for my Federal PTC I filed because one of the pre-hearing questions the judge sent out was regarding AAA's willingness to hear the case in a situation similar to yours. You can email AAA and ask them if there is a court ordered petition to compel arbitration if they will administer the case. Their reply can be used if it comes up in your case. The only drawback to the federal PTC is the Federal filing fee and service which runs about $450. Also drafting the petition and filing in federal court require strict adherence to their rules. But in my case, the effort and initial cost was well worth it and it sounds like yours may be as well.
  3. Is this an issue you can bring to small claims court to keep the costs low? In my opinion, you need something more for a settlement leverage since the arbitration case is now closed.
  4. It doesn't need to be complicated at all. Send an email to the attorney and say "In the interest of further time and expense on this matter, I am willing to offer your client a settlement of mutual dismissal with prejudice of all claims. I will dismiss with prejudice all claims in arbitration in exchange for a dismissal with prejudice filed with XX Court in case #1234. This offer expires on Feb 14." It's that simple.
  5. They CAN, but if you have already started working on an alternative like suing, you have a right to object to the re-opening at this stage. Alternatively, I would state that I stipulate to reopening the case, however I object to resubmitting any filing fee and request that the company pay the full filing fee.
  6. Send a DV like the others suggested. A very simple, single line dispute. If you are positive this is over 7 years old, you have the option of simply telling them to never contact you again. If you want to tell them to FOAD-off, then do NOT ask for validation, simply say "Do not contact me any further regarding this matter". Make a copy of this before you send it and send it certified mail. Keep the copy and certified receipt in a safe place. If they do contact you again after receiving your letter, you should take all your proof to an attorney and get a bonus check from them.
  7. I would check your court rules and see if they are allowed to dismiss on their own after an answer is filed or a stay due to motion is in place. Most courts say that in these instances, only a dismissal by stipulation is allowed. This means an agreement between both parties. If your court rules say that it must be a stipulated dismisal you have a choice to make. You can allow them to circumvent the rules and take this dismissal without prejudice, or you can file an objection and state that the Plaintiff did not make any attempt to contact you and make any stipulation of dismissal per court rule [cite rule number]. I would then state that, nonetheless, Defendant will agree to a dismissal with prejudice in this case and ask the court to make this order. This is the course I would go, personally.
  8. You can! Answer and file the MTC. The MTC hearing will be the key element here. Once you get the court to grant your motion, it's all downhill and easy from there.
  9. Once again, you are conflating court ADR with private arbitration JAMS. The two have nothing to do with each other. If you are required by court to attend ADR, you go and simply deny everything and state that you have a pending MTC which speaks to jurisdiction and that the court is the wrong venue. In fact, I may see if I could file an objection to ADR with the court saying that you previously filed an MTC asserting that This Court has no jurisdiction over this case and that it is improper to participate in a court appointed ADR and ask that your MTC be granted and private arbitration with JAMS is ordered.
  10. You should follow the directions exactly as listed on the JAMS demand form regardless of what you believe the JDB may already posses.
  11. I, personally, would use JAMS every time I have the choice. JAMS has a much better process and is much more consumer friendly. Not to mention it is more expensive for the other side giving you more leverage to settle quicker.
  12. You have complied with the court's order. So there is nothing else to do until you hear from one of the parties involved now. You have the option to email the attorney and offer a mutual dismissal with prejudice. I usually do this once JAMS sends the bill to midland and I set the expiration of my offer to be the same date payment is due to JAMS.
  13. I have a personal issue with lawyers who do this. I am pretty sure this is grounds for a bar complaint. Not only the blatant lying about costs to you, but the fact that they are telling you what is "in your best interest" when they are NOT your attorney and in fact represent the opposing side. That is a complete conflict of interest AND another blatant lie. As far as PRA, I would send them an email offering a mutual dismissal with prejudice of all claims. Meaning you dismiss the AAA claims and they dismiss the court case with prejudice. I would give them 7 days before your offer expires.
  14. The longer they wait, the more fun it gets. Just like someone on the now defunct old boards who obtained a judgement from a collection agency which never paid up, so he showed up at their call office with a Uhaul and the Sheriff and started removing office equipment. 🤣
  15. Are you sure this wasn't a consent to use streamlined or comprehensive rules? The consumer supplement can and usually is added to any rule under AAA without consent of either party.