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williams4 last won the day on January 29

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  1. She should be getting a $1400 case management fee here soon. A letter back in February said it will be assessed once arbitrator has been appointed. Which just made me think of another reason to get the 22k now. She paid the first, thinking it was the 22k and “frivolous” so she anticipated getting that money back. I am kind of worried she will go ahead and pay that $1400 thinking the same thing, that this is the 22K and it's frivolous. (when we got off the phone hearing, she still thought it was)
  2. @fisthardcheese To add to the above, the benefit I see getting the 22K thrown out of the 3K NOW and not LATER is the 22K will be closed with AAA and I will have a letter showing the court, she will KNOW the 22K is not in the case we are in right now and I can get the case dismissed in court. (I guess even is she is still confused, I am not sure What evidence she would to prove the case isn’t closed) If I leave it in there and it takes a turn and they let her keep it in there, then I have to continue dealing with update conferences and stuff in the court system.
  3. AAA gave Unifund a due date of (yesterday) to pay their filing fees on the 22K, then they will close that case and refund my $200 filing fee. What worries me is since that 22K is in her counterclaim now, when she gets my brief and can figure out whats going on and answer my brief with her 22k and I can't argue anything. She counterclaimed in the time allowed and there is not an AAA case for that account number anymore. The only thing I have left is the commingling of account documents, which by that point, if she figured it out then she won't have the documents commingled in her brief back to me. I feel like there is a chance she could easily turn it around on me. Asking forgiveness, she was confused and thought it was the 22K, she accidentally mixed the documents, now there is not another AAA case, I do still have this claim against her... And make it sound "I" was waiting to throw out the "failure to serve" thing go knowing that the other case was going to close. There would be a chance the arbitrator could agree and just leave everything in there. Because he DID say he only has authority to make a decision on the account in THIS case. He said the arbitrator on the other AAA case has authority for that one. *****One more to add about this part of it. It I get it thrown out NOW, she would have to ASK to get it back in, the arbitrator has only seen the mess of her counterclaim, her arguing until she was blue in the face at the hearing saying there aren't two accounts in her answer, saying the Claimant is lying (I am sure he was compelled to look to see if there were or not when we got off the phone, lol) It would prevent her from figuring it out, responding with documents separate, asking forgivness and so on. (To add, I am almost certain she still thinks this is under the courts jurisdiction so very well could explain all this to the arbitrator and the arbitrator let it all stay) Or possibly just file failure to serve (which will get her counterclaim thrown out), don't ask for a phone hearing, file brief, wait for her answer and if anything about the 22K is in there object... AAA is closing the 22K. Yesterday was their absolute last deadline. My thinking was is I get the 22K thrown out of this case now, Unfund would have to "ask" the arbitrator to let her add it. Which the arbitrator is well aware there are 2 cases and all this mess stemmed from it. So I would think there would be a chance he wouldn't even allow her to add that claim at this point. So there is not a time frame I have to file failure to serve? So if we go through everything you said to do and it comes a point now the arbitrator decides, yes, I will allow this account number to stay in here since the AAA case is closed, I can then file failure to serve after we went through all those steps?
  4. To clear up where I am in this case 1/15/19 submitted my initial demand form 2/21/19 AAA sends letter giving Respondent 14 days to answer/counterclaim (respondents due date to submit is 3/7/19) 3/6/19 Respondent filed counterclaim/didn't serve to Claimant (this would give me until 3/21/19 to object/respond) 3/29/19 Arbitrator appointed 4/8/19 AAA sends me Respondents counterclaim (gives me 14 days to respond, which would be 4/22/19) 4/10/19 Claimant file/serves objections 4/15/19 Initial Preliminary Hearing (started and concluded) Claimant brought up objections, but in the arbitrators eyes he sees Respondent counterclaimed within 14 days, Claimant's objections were not filed by 3/21/19) So my objections were heard not settled before Preliminary hearing ended. 4/15/19 Arbitrator orders Claimant to file brief. Once I file my brief and Respondent comes back with the 22K stuff, it is "technically" in her counterclaim she submitted before the arbitrator was appointed. So as of today, both accounts ARE in this one case. I am still in my 14 day window AAA said I had to respond/object to her counterclaim. Which I did send objections BEFORE the preliminary hearing, but they were heard but not settled (since they were not in by 3/21/19) ***edit update: So when I sent my objections, did this prompt the (Respondent has 14 days to respond, then Claimant has 14 days to respond) then hearing? Or since I didn't ask specifically for a phone hearing in my objections, my objections did nothing? I think this is the part I am most confused about.
  5. All of this happened before our initial preliminary hearing. She never served me her response/answer. Aaa provided her response to me 5 days before our initial preliminary hearing date, which I sent a written objection immediately. (Aaa said since I am just getting these documents, I have 14 days to respond) So since my objections were “late” (I didn’t see their counterclaim until after my time to respond had passes) they were heard at our initial preliminary hearing but not settled, meaning her counter for 22k is still in this case. But can’t I file a dipositive motion under r-52 failure to properly serve? And get her counterclaim thrown out? Her counterclaim WAS filed before arbitrator was appointed, so she didn’t need permission to add a counterclaim. Now she does need permission to add a counterclaim against me. Or did I “forfeit” being able to file to get it removed since I objected? I am unclear how that works Edit... also asking for a phone conference to clear all this up (which I would clear up the fees being reallocated, this is not under court jurisdiction, etc) So she knows BEFORE I send my first brief for the 3k. Which asking for this hearing before I file my first brief would prompt a bill for her.
  6. If I file a depositive motion for failure to serve then her counterclaim will be totally removed from the case. Meaning, 22k she countered would be gone too. I think it will be harder to get the arbitrator to allow her to bring that 22k back in considering the commotion she caused at the preliminary hearing calling me a liar and saying she didn’t have two accounts and she did an stuff.
  7. The only problem with this specific instance is I didn’t even know she sent a response/counterclaim until 7 days before the INITIAL preliminary hearing. Preliminary hearing was already scheduled so I rushed to get my objections in. So we show up at the preliminary hearing and arbitrators main goal is INITIAL preliminary hearing. I bring up my objections but they don’t get settled. So now, her counterclaim (22k) IS in there because she submitted to aaa (but not me) within her initial 14 days and the preliminary hearing is closed. So now I have to fight to get it out. But I am thinking now, even though aaa sent me the papers I kept asking for, I assumed they gave me 14 days to respond, my objections would be settled before the preliminary hearing ended. But they did not. Since Respondent had 14 days for answer, I had 14 days for response, then preliminary hearing. But since I didn’t get my objections in until after my original deadline, my objections weren’t in “on time” so he didn’t make a final decision on my objections before ending the preliminary hearing. Meaning, 22k is still in there. And, the aaa is going to close that 22k aaa case tomorrow if they don’t pay. Meaning, a lot easier to get jdb to try to keep that 22k in there (with 3k) Because “technically” it can be since it was in the counterclaim before the preliminary hearing ended.
  8. I am starting to think my best bet right now would be to file failure to serve and get her response (that has her counterclaim of 22k) thrown out all the way? She did not serve me the documents. I assumed when aaa finally stepped in and sent them to me because she wouldn’t respond to my emails and asked if I still had 14 days to respond, that that meant they had been served. But if I did this then essentially starting at square one again? Since it was a preliminary hearing, my objections were never settled on, so really that 22k is still in with her counterclaim. as of right now both are in there, the 22k and the 3k because the preliminary hearing ended and she doesn’t have to “ask” to add it, right. Then the burden is not on me to get the 22k out, the burden falls on her to fight to get it in. And honestly the serving thing just occurred to me because when aaa finally sent them because jdb wouldn’t, aaa still gave me my 14 days to respond. But that didn’t benefit me at all because the arbitrator was there for a preliminary hearing, not an objection, which means the 22k IS in there and I would have to fight to get it out. I apologize if someone mentioned this previously My thought file a depositive motion under rule R52 d failure to serve
  9. No. As of right now she still thinks this is the 22k account in this claim and my claim is frivolous. The confusion arises too because this phone hearing wasn’t prompted by my objections. This was simply the initial conference hearing that was already scheduled. I didn’t get her “response/counterclaim” until one week before our conference hearing but hurried and filed my written objection and file/served them. So the arbitrator was there just for the initial conference hearing. He wasn’t looking into documents or anything, strictly to conduct the initial conference hearing. Then he asked is there are any issues or anything, which is when I brought started pointing out the problems and she started going off. So now is when I write a brief on my claim. Calling a phone conference right now will NOT clear it up. She was 100% certain THIS is the 22k and I am wrong and lying 🤷‍♀️ At this point I did make a point to bring up the fact that she is combining two aaa cases into one and she kept saying no she isn’t. Despite me pointing out the evedence “she” submitted had documents clearing showing 2 different credit card account numbers. She just kept saying no I am not.🤷‍♀️
  10. It got lost in the 18 pages. lol But yes, yesterday it finally clicked that I was misunderstanding what you meant by make it clear to Respondent. Which I am pretty confident she will not keep paying once she gets the next bill. Doens't mean she won't and definitely doesn't mean she won't pay the 22K one to recoup costs, which is likely.
  11. Which I have actually learned to do since discussing all this with you guys! I noticed yesterday, I sent an email on March 4 to AAA and JDB (because we have to include other party on all communications) saying "I have an AAA case that was administratively closed because I was waiting for my MTC to be granted. It is now granted and I need to file and pay to get that case initiated." Wouldn't you know, her "answer/counterclaim she filed was dated and uploaded to the online case file on March 6. Two days AFTER I sent that email (which I didn't realize because I didn't see these until April 8 because she never properly served the answer and the AAA finally sent them to me because attorney wouldn't answer any of my emails. (and I NOW understand the importance of objecting to anything not properly served) You best believe I will point this out, along with all the notices from AAA on the other case that says THIS IS A COURT ORDER arbitration claim. Yet, she argued until she was blue in the face saying this is the 22K not the 3K.
  12. Not sure how this hasn’t been handled right? A lot of the “what if” questions I ask and freaking out on what could happen, absolutely not handled right!.(Anxiety gets the best of me and actually just got home from the dr to fix that, so hopefully no more worrying over things that don’t matter!) but not sure what part of awsuit/arbitration hasn’t been handled right?