stefeni074

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About stefeni074

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  1. I found it, @Harry Seaward is correct as he usually is. So I mail my letter to Atty Electing Arbitration. Tomorrow I will file my MTD / Compel. Rule 113 i. Dismissal because of lack of service; service on some but not all defendants. After at least twenty (20) days notice to plaintiff, the court may dismiss a complaint as to any defendant who has not been served with the summons and complaint within one hundred twenty (120) days after the filing date of the complaint. Before the dismissal date, if the plaintiff shows good reasons why a defendant has not been served, the court may extend the time for service. When some but not all of the defendants in a lawsuit have been timely served, the court may dismiss from the lawsuit the defendants who have not been served, and allow the plaintiff to proceed against the defendants who have been served. [ARCP 4(i), 5(b)]
  2. This court has had many problems.. it is frustrating. But from here, I would file a MTD/ or Alt MTC instead of an Answer. A MTD is the only thing that can be filed other than an answer. If I file an Answer that would move litigation on to the next steps and may be cause to refuse an arbitration?
  3. I think I will file a MTD but not quite sure how to add that they were given more than enough time to serve, but failed to do so. I attached a timeline the court has posted. Do you have any thoughts? @Harry Seaward @debtzapper @BV80 @Goody_Ouchless
  4. Does any one have much experience on the reply for a Motion to Vacate the Courts Order of Dismissal. I had not been served so the court ordered a dismissal. LVNV filed a motion to vacate that order, which the court granted on 12/30/16. The motion was mailed on 12/23/16 and I received it in the mail on 12/27/16. Do I still have 10 days from which I received the notice or is it 10 from when it was mailed or filed. From the holidays and my time frame I am coming up with to file a response by 1/6/17. This is "I think" putting the case to the beginning to which I should have 20 days to file an answer? Should I file a motion to dismiss the case on the grounds that it was not served in the time given. I have uploaded the redacted motion. LVNV refiled this case after I had responded to have a dismissal or to go to arbitration. They did not answer that motion to arbitrate and the case was dismissed. A new lawfirm picked up the case and refiled but had not served me, so this is where it is at for the moment. Any ideas on how to move forward will be appreciated. LVNV Redacted Motion to Vacate Order of Dismissal.pdf
  5. I called the clerk again today, she said the case was closed. That is what is listed online in the court records. I had called last week after I found out I submitted my motion after the judge had signed a dismissal. The clerk at that time said the judge had my motion on his desk and would review it. The clerks are not very helpful.
  6. Ok, I don't think I have read any rules that I need to reply to their response? They are not denying that an arbitration exists, only that I have not paid the filing fee yet. So, I should wait until the judge rules on my motion to stay and compel if they are opposing the dismissal. I just want to be sure so that I don't miss a time limit on responding. Thank you @CCRP626
  7. @CCRP626 My MTD and combined Stay and Compel covered this but I am not sure how to respond to their opposition. I have not paid the filing fee yet because it is not refundable. I had wanted to get a stay and compel first. Here is my motion that was submitted. MTD-Stay SB CV2015-0547 5-10-16_Redacted.pdf
  8. I have recieved an Opposition to my MTD. It did not state anything about my MTC argument. It only stated that I have not paid the arbitration cost so I have failed to comply with the agreement. I have included this file. Any pointers on how to respond to their opposition? @Harry Seaward @Coffee_before_tea @debtzapper and any others who read this thread. WebBank_Redacted 5-17-16.pdf
  9. Ok you have great advice! @Harry Seaward I am going to write my terms in a letter and fax it to their office instead of calling them. Just to be clear of all the terms. I'll ask them to mail the original signed agreement before I will withdraw my appeal.
  10. I called and they do not have a ceritificate of service on file. The judge does have my motion on his desk waiting for his review. It is possible for them to refile since she said it was without prejudice. And I pretty much self identified service. If they do re-file I will argue the 113(a).
  11. If I call and state that is what I would like for them to do and as a condition to have them put it in writing in the Motion to Dismiss with prejudice as the terms of settlement. Should I ask to have them produce the Motion first and then pay the settlement. I'm not sure how this should be done.
  12. I have received a response from Midland about my Appeal. They have asked to settle for an amount that would be acceptable if I agree to withdraw my appeal. They would file a notice of settlement with the court and ask for dismissal with prejudice upon clearance of payment. They would like me to contact them asap.. what is the best way to get this done to make sure it is only the amount and not more that would include other costs.. lawyer fees and court costs. It is stated one lump some of 150. Which is much lower than what they wanted originally.. or even less than arbitration costs.. and appeal. Do I need to have something written on my end? @Harry Seaward @Coffee_before_tea @debtzapper Thank you!
  13. I could use some advice.. @Harry Seaward @Coffee_before_tea @debtzapper and any others that have read this thread. I went to the Justice Court to drop off my Motion to Dismiss / Alt to Stay and Compel. The clerks got the file out and were discussing something in the file and I had heard one say "Just let her turn it in". The clerk stamps in my motion and I ask her is there something else? I said I heard you talking is there a question about something.. So the clerk just smiles real big and says "No". I look at her for a few seconds and I know I frowned at her and she just kept smiling. So I left and went to mail the copies to the attorney. On Saturday I recieved a Motion to Dismiss from the court that was prepared by the court for Lack of Service. I had never signed for the complaint, but it was left at my door April 21st with out the Complaint attached only the Motion for Alternative Service stating they could leave it at my residence. So, I have handed in my Motion after this Order for Dismissal.. does that mean that it gives them time to now reply to my Motion or not. The order does not state with or without prejudice. The Order was signed May 9th, and I handed my Motion in on May 10th. Is there a grievance I can do for the clerks not telling me that a Dismissal was signed?
  14. Thank you to everyone that posted... I will update on the progression of the case.
  15. @Harry Seaward @Coffee_before_tea @BV80 @CCRP626 I have read through this thread a few times trying to get each side take on the proper way to get to arbitration. I really appreciate everyones input and reasoning. Which has made it even more difficult to decide what to do when I respond. As I have said before I've tried MTD/MTC.. that has been the least expensive route so far.. this is the one in the appeals process. The justice court did not order any bonds or fees, the superior court has just now sent their cost to file the appeal within 20 days and I will try to get a deferral or payment plan. This forum has been the best ever since I have started getting these complaints and I'm so glad I found it. Filing an answer seemed to make the court begin litigation proceedings and I wanted to stay away from all of that.. Discovery, Pre-trial, MSJ etc.. I'm not sure but I may go with the MTD OR in Alt Stay proceedings and Compel Arbitration... I know it may not work again but I think I will try again. It may come down to filing an Answer eventually but I hope if I can drag it out for awhile they will just give up..lol. hopeful thinking.