wernda1234

"Most of them, except the obvious questions about your name and address, should be met with an objection due to court being an improper venue and your pending MTC to move the case to arbitration. You must answer them within the allowed time" @fisthardcheese has provided how to respond.

Good afternoon. I do not believe the defendant has to set a motion hearing; the court will take care of that

Agree with @WhoCares1000; none of us are attorneys - if you have legal guidance from one, follow that.

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.