wernda1234

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wernda1234 last won the day on October 21 2019

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About wernda1234

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    Arkansas

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  1. Thank you @ClydesmomI appreciate the update
  2. Nope, not familiar with them. I was not aware that a JDB would email someone because an email is not considered secure and could be a possible FDCPA violation by disclosing the existence of a debt to a third party without debtor permission. Is it a notice of a debt or have they filed suit? If it is a debt notice, and if they included a mailing address, I would mail them a DV; very simple, "I dispute the validity of this debt".
  3. You have a strong case and I believe you can successfully argue the facts of the case. Being prepared will help both with nerves and with you winning this thing. The key is, that per Rule 41, the plaintiff failed to prosecute the case by non action "in which there has been no action shown on the record for the past 12 months". They didn't do anything for almost 15 months until they replied to your MTD. What they have to do now is show good cause why the case should be continued, and to me, they don't have it. So, be prepared. Get your chronological history in even
  4. Well, what's normal A delay in filing the service with the court isn't really an issue in Arkansas; the service date "clock" would have started on 10/8/2019. @Clydesmomhas once again provided some great advise for your reply to their response. Go get them!
  5. Good morning, AR Rule of Civil Procedure 41 is pretty clear on this and @Clydesmommakes a great point. They failed to prosecute and the case should be dismissed. Normally, the court will start this process; they did in my case. The plaintiff failed to respond to the court notice, and the court dismissed my case. I would reply back restating the main points of your motion to dismiss. The plaintiff could have filed a motion with the court asking them to extend time due to the reasons (i.e. excuses) they state in the response, but did not do so. (b)Involuntary Dismissal. I
  6. I would hate to be the person trying to serve papers under normal conditions, but now? No way
  7. I would hate to be a process server under normal conditions, but I just cannot imagine many civil lawsuits are being served right now
  8. Here is the update for courts in Arkansas as of 3/18/2020 from Little Rock news station KATV: The Arkansas court system will remain open, but the Arkansas Supreme Court has suspended all in-person proceedings in all appellate, circuit, and district courts, with a few exceptions. The changes are a response to the spread of COVID-19. The suspension will last from Wednesday through April 3, and might be adjusted by order of the court as circumstances warrant. The suspension of in-person judicial proceedings is subject to the following exceptions: Proceedings necessary to protec
  9. Thank you; I believe you will win this one. The motion to withdraw their MSJ leaves your MTC as the only active motion before the court. As @fisthardcheese said earlier, Plaintiff's attorneys seem to be on autopilot and seem a bit sloppy. So, they will either move to close the case or not respond at all, and after 12 months, the court will close the case under Rule 41
  10. So it was a motion to withdraw their MSJ? Can you post a redacted version?
  11. Hi Mark and thank you for posting. Can you share more information on what is happening? From your post, I am going to guess that you have some sort of closed account on your credit report showing 2 late payments. You can try disputing that information in writing directly with the credit report agency or agencies. They will investigate, and if the information is incorrect, make the necessary changes. Otherwise, if the payments were late, then it stays on your report for up to 7 years I believe. I had this happen when I made two late payments on my mortgage. While I
  12. I am sorry you are going through this. I have some questions that may help the group help you: While nowhere near an expert on NYC rent law, I have not heard of a 7 day notice to vacate; unless you were behind on your rent, they should have sent you a Notice to Cure for any tenant violation of the lease. However, it sounds like you agreed to leave. What paperwork did they provide and/or did you sign? Was there anything that severed the lease? Did they indicate that you owned the balance of the lease? Have you disputed the debt with the collections agency? The easiest way is
  13. Update on this one - my friend was able to settle out of court and the case was dismissed