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Everything posted by wernda1234

  1. I think you would need to follow the rules of procedure for the specific court the case is filed within
  2. 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
  3. 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.
  4. 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!
  5. @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?
  6. 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?
  7. 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!
  8. @Citiscam, @BV80 @WhoCares1000and @Clydesmomhave given you the only option - settle quickly
  9. Thank you @ClydesmomI appreciate the update
  10. 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".
  11. 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!
  12. 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!
  13. 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. In any case in which there has been a failure of the plaintiff to comply with these rules or any order of court or in which there has been no action shown on the record for the past 12 months, the court shall cause notice to be mailed to the attorneys of record, and to any party not represented by an attorney, that the case will be dismissed for want of prosecution unless on a stated day application is made, upon a showing of good cause, to continue the case on the court's docket. A dismissal under this subdivision is without prejudice to a future action by the plaintiff unless the action has been previously dismissed, whether voluntarily or involuntarily, in which event such dismissal operates as an adjudication on the merits.
  14. I would hate to be the person trying to serve papers under normal conditions, but now? No way
  15. I would hate to be a process server under normal conditions, but I just cannot imagine many civil lawsuits are being served right now
  16. 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
  17. 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
  18. So it was a motion to withdraw their MSJ? Can you post a redacted version?
  19. 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
  20. 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.
  21. Update on this one - my friend was able to settle out of court and the case was dismissed
  22. "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.
  23. Good afternoon. I do not believe the defendant has to set a motion hearing; the court will take care of that
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