Impress

I know nothing about NY law. However, there are some arbitration clauses that state arbitration can be invoked anytime prior to final judgement.

There are arb clauses that specifically state that arbitration can be invoked anytime prior to final judgement. However, I was under the impression OP hadn't engaged in discovery and wasn't planning on asking for any. So wouldn't she/he be able to at least try for arbitration? And if it didn't work out, ask for a discovery and a continuance to conduct it?

As @texasrockersaid, you will lose if you are unprepared at trial. Asking to look at the documents the day of trial makes no sense. That is why you ask for discovery. You want to see what they have so you can be prepared. Try the arbitration route. Here is the link to the arb thread. You lose nothing but a bit of time.

The civil remedies code says you can dispute within 10 days. https://statutes.capitol.texas.gov/Docs/CP/htm/CP.154.htm#154.022

Thanks everyone. Y'all confirmed what I suspected, but I was still curious about opinions.

Hope everyone is doing well. I was contacted by Plaintiff's lawyers on a pending case letting me know they received my answer and wanted to see what they could do to resolve this. I sent an email stating roughly given the uncertainty of everything I would be willing to accept a mutual walkaway with prejudice. Mind you, there is no arb option for this case so I figured it really wouldn't hurt. The worst they could say is no. But this got me wondering. Since we really have no idea how long it will be until we return to normal, what do you think the odds are of JDB being willing to do walkaways? Arb or not. For example, I have another case pending (filed pre-pandemic) for which I have an MTCArb submitted. Would emailing them now, instead of when MTC is granted (as @fisthardcheeserecommends) hurt? Anyhow, curious to hear people's opinions on whether you think JDBs would be willing to do walkaways now.

Congrats!

Thanks @BackFromTheDebt and @fisthardcheese for the info.

Hi all, I am in need of some assistance. The time for plaintiff to pay their share of fees has come and gone. Received notice that the arbitrator has closed case. So now I believe our next step is to file sanctions and get this dismissed. The trouble is, I have not been able to find an example of a MTC Sanctions for this type of situation. Nor can I find relevant case law or statue/rule that I can state in my motion. Does anyone know if a simple timeline (when they were ordered to compel, etc), and evidence (letters from arbitrator) would be enough? Plus include a statement saying something like, defendant asks sanctions be imposed for their failure to comply. Or just simply ask in the prayer that defendant asks for case to be dismissed with prejudice? Thanks.

You will want to start your own thread to get answers specific to your case. I'm no expert but I think you can do a general denial. File your MTC for arbitration, and then do a separate answer to their requests that states something about arbitration. There should be examples of this on the board. If you answer their Discovery, you most likely will waive the right to arbitration (depending on your agreement).

Sadly post 2012 so will have to go traditional. Got it. I really hope they are lazy for my mom's sake. She really doesn't want to deal with this right now (who does), so fingers crossed they make it easier on her by not showing up. Thanks for your answers.

Hi Everyone, Hope everyone is doing ok in these interesting times. I have a quick question about defending a lawsuit. My mom was served on an old Cap One account, a bit over 4k, nothing was attached to the petition. They are suing her over Breach of Contract and Account Stated. I have been sued by PRA but only for account stated. Is defending against both any different? What I mean is, do we approach the same as before? File general denial, file request for discovery, etc? Thanks FYI law firm is Rausch Sturm

Congrats!

Good luck. If your trial is tomorrow, see what you can do about a continuance. I'm not sure of the rules, contact your court to see.

What you need to do is make them prove they own the debt. My (very limited) experience says they may have a stack of paperwork * , but that's not what they will bring to court. You need to see what evidence they have against you by doing discovery. So you will need to file a motion to conduct discovery. If you have trial date coming up fairly soon, you will need to ask for a continuance so you can properly defend yourself. Others on this board have mentioned the law firm here is lazy so that could play in your favor. * Did they give you a copy of the stack of paperwork? If nothing else, you are buying more time before they get a judgement on you. Even if you lose initially, there are other avenues, like appeal, that will drag out the time before they can start collecting from you.