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wernda1234

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wernda1234 last won the day on September 2

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    Arkansas

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  1. Arkansas does not allow attorneys in small claims court actions. See more info here at : https://arkansasag.gov/arkansass-lawyer/legal-resources/guide-to-small-claims-court/
  2. Do you think they will file? Would they still be SOL? Is their an arbitration clause in the card holder agreement?
  3. I think you would need to follow the rules of procedure for the specific court the case is filed within
  4. I would repeat the cautions mentioned about discovery and strongly recommend you always carefully review the specific rules for your court. I almost got in a serious jam within the Arkansas courts for not filing copies of my discovery requests with the court, and for having my discovery responses notarized
  5. Good morning, Not sure why they volunteered that; I don't know much about local or Florida state law on debt reporting. And perhaps they said it because of your statement to sue the if they reported it. Myriad are the ways of debt collectors. While it is your personal decision to pay the debt, negotiate a reduced amount, or leave it be, I would be more concerned about the possibility of them filing a lawsuit then them reporting the debt to a CRA.
  6. Thank you @Clydesmom, @BV80, and @BackFromTheDebt. I missed that date from 2020. My bad. To me, I so respect the assistance that I have received and is offered on this site. I respect the people who volunteer their time and experience TO HELP others in confusing and desperate situations, and am so grateful for the help. I also respect folks that try to help, motivated by a desire to assist, that get it wrong. It happens. But the the crap @N.I.A._88posted is just that, CRAP!
  7. @Terri Downing There are plenty of people on this site that can assist you, but more information is needed (and I would ignore what @N.I.A._88 posted above). First, what state are you located in?
  8. Hi @Jimmy E! Debts incurred for medical services have a statute of limitations of 2 years from the date the service(s) was rendered or from the date in which the most partial payment was made (A.C.A. §16-56-106) Is the debt still in SOL?
  9. I believe so. I found the definition below online. It appears to be what we call in AR a dismissal without prejuidice Simply stated, a nonsuit is a voluntary withdrawal or dismissal of a lawsuit by the party that filed it that allows the party to bring a second suit on the same cause of action. (See Simply stated, a nonsuit is a voluntary withdrawal or dismissal of a lawsuit by the party that filed it that allows the party to bring a second suit on the same cause of action. (See Va. Code § 8.01-380)) The Virigina code is located at https://law.lis.virginia.gov/ Not sure if they would refile; that depends on where you are in the SOL. If they do, you know exactly how to respond and to file the MTC again. Congratulations!
  10. @Citiscam, @BV80 @WhoCares1000and @Clydesmomhave given you the only option - settle quickly
  11. Thank you @ClydesmomI appreciate the update
  12. 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".
  13. 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 events locked down with as much detail as you can. And when is it time, lay out your case. Lay out the dates, who sent what when, and make the plaintiff explain to the judge why there any any grounds for your motion to be denied. Finally, one last prep is the Arkansas Judge's Benchbook. For Circuit Court, the link is https://www.arcourts.gov/sites/default/files/Civil-Criminal-bench-book-2019.pdf For District Court, the link is https://www.arcourts.gov/sites/default/files/DistrictCourtBenchbookRev2017.pdf The Benchbooks have a lot of behind the scenes details of how the courts work. You got this!
  14. 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!
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