wernda1234

So, no arbitration clause for Cap1?

Welcome to the board. Can we get more information? https://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/

@Xtreme98 Congratulations! I join @Jimmy E in a happy dance! If they refile, then you know what to do.

@Clydesmom thank you for the information. I appreciate the correction.

The reason I asked is that, under the Fair Debt Collections Practices Act (FDCPA), you can request validation within 30 days of receiving the initial notice of the debt from the collections agency. My suggestion is to contact the agency (USCB?) and get whatever information you can from them. If the debt is owned and accurate, I recommend contacting them to see if you can work out a payment plan or even see if they will discount the balance in order to get these cleared as quickly as possible.

Welcome to the boards! Can you give a bit more information?

Welcome to the boards! Tagging @fisthardcheese as excellent source of accurate and effective information about arbitration.

Welcome to the boards! To confirm, the accounts are in collections and on his credit report - nothing is in litigation or showing as a judgement? Has he received any communication from USCB? Has he attempted to validate any of the debts with them?

Discovery was what the Plaintiff sent you: Plantiff's First Set of Interrogatories to Defendent, Plantiff's First Requests for Production to Defendent, Plantiff's First Requests for Admissions to Defendent, and Certificates of Mailing. I am not up on SC law; in AR, everything has to be filed with the court and served to the Plaintiff

I know this can be confusing - it sure confuse me when I went through it. Did the Plaintiff send any response to your MTC; they are not required to do so, but they do have 10 days plus 3 days for mailing to file/serve a Response to your Motion. Since you can and should reserve the right to amend your discovery responses, I would reply with a blanket objection for lack of subject matter jurisdiction due to the existence of a valid arbitration clause and file/serve your responses on time. I do not believe this will waive your right to arbitration in AR due to participating in discovery. In AR court, both their Request for Admissions and your Responses to same must be notarized and filed/served with the Court/Plaintiff. And they must be filed/served separately from any other response. They don't have to file their Interrogatories with the Court; just serve them on you. Most of these firms will file a notice with the court that they served you the Interrogatories but they don't have to file the actual Interrogatories with the Court. Hope that helps

@fisthardcheese advice on arbitration - I believe the OP can and should still file a MTC? Not sure if participating in discovery in SC waives arbitration?

As long as you are following the rules in terms of response time when filing with the court and serving the Plaintiff's attorneys, time is actually on your side. On your first case, the Plaintiff had 10 days plus 3 days for mailing time to respond to your MTC; they are not required to respond, BTW. On your second case, I recommend getting your Answer in (with arbitration/lack of subject matter jurisdiction as an affirmative defense), and then filing the MTC.

You should have 30 days to file your Answer with the court beginning on the day after you were served. The clock starts when served, not when they filed the lawsuit. (Arkansas Rules of Civil Procecdure 4 and 6) And you are able to file an Amended Answer if needed. Your best affirmative defense may be arbitration. Are you able to share more details about the lawsuit?

@Xtreme98 Now you wait. The Plaintiff has 10 days to respond to your motion (actually, 10 days plus 3 days for mailing under Ark. R. Civ. P. 6). Let us know if they do; you have 5 days (plus 3 for mailing) to make a reply to their response. After that, it depends on the Plaintiff and the Court. In my admittedly rare case, they never responded, and after a year, the Court notified us both that we had 2 weeks to show why the case should continue. Two weeks later, the Court dismissed the case.

@Xtreme98 Attached is a redacted version o f the MTC I submitted Motion to Compel Redacted_Redacted.pdf