wernda1234

I would hate to be the person trying to serve papers under normal conditions, but now? No way

I would hate to be a process server under normal conditions, but I just cannot imagine many civil lawsuits are being served right now

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 protect the constitutional rights of criminal defendants and juveniles, including, but not limited to, criminal initial appearances; probable-cause hearings; Speedy trial; Cases in which victims are under fourteen years of age; Juvenile probable cause hearings; Juvenile detention hearings; and Hearings on writs of habeas corpus. Others include proceedings in which civil or criminal jury trials are already in progress as of March 17; cases pertaining to relief from abuse; proceedings directly related to the COVID-I9 public health emergency; oral arguments regarding time-sensitive matters; and others. Additional exceptions may be approved by the chief justice. Judges shall be responsible for ensuring that core constitutional functions and rights are protected. The administrative judge of each judicial circuit is authorized to determine the manner in which the in-person exceptions are to be implemented. Any civil proceedings conducted in person shall be limited to the attorneys, parties, witnesses, security officers, a press-pool representative, and other individuals necessary to the proceedings as determined by the judge presiding over the proceedings. covid19orderark31720696229450.pdf

Is arbitration an option?

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

So it was a motion to withdraw their MSJ? Can you post a redacted version?

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 was able to get the balance current and eventually paid it off, those late payments stayed on my credit report for 7 years

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 to mail a written dispute to the agency, stating simply that you dispute the alleged debt and request verification. In terms of getting it off your credit report - I only know of two ways: you dispute it with the credit agency as inaccurate or incorrect and they agree to remove it, or if you pay the debt.

Update on this one - my friend was able to settle out of court and the case was dismissed

"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.