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Iamkar33m last won the day on February 3 2019

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  1. So 2 days before the MTC hearing, I got a dismissal w/ prejudice. can they do that with an outstanding motion?
  2. So I guess they tolled it right on time then... let's hope arbitration makes them run so I can run out the clock after dismissal.
  3. Also, I just saw this thread: My OC is also Barclay based out of Delaware. SOL in Delaware is 3 years on credit accounts and my last payment was 1/11/2016. They served me 8 days before the SOL hit, is it tolled or is it still applicable?
  4. Someone pin this, this seems like important info!
  5. @Clydesmom you make a good point. The other problem is that I am deaf (and they probably don't know it). Also I was just looking at this: https://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_110 It's been 90 days (11/16/18) since they've filed the complaint with the court and they have not yet filed proof of service of the summons/complaint.
  6. Also... the firm (Hunts & Henriques) has been trying to call me almost every day since I've filed the answer & the MTC Arbitration. Of course I don't pick up, because why would I want to talk to these snakes? No voicemails or anything left. Still no movement on the court docket since my answer was filed and the MTC Arb. They still haven't even filed proof of service for the initial summons/complaint, not that this matters since I've already responded. Should it?
  7. This they do need to show standing. How do I call this out in court? Also what, if any, response should I make to their interrogatories?
  8. So they responded to my Bill of Particulars with statements dated: 3/12/15, 4/12/15, 5/12/15, 6/12/15, 7/12/15, 8/12/15, 9/12/15, 10/12/15, 11/12/15, 12/12/15, 1/12/16, 2/12/16, 3/12/16, 4/12/16, 5/12/16, 6/12/16, 7/12/16, 8/12/16. There's nothing in there except those statements... no account opening documents, nothing bearing my signature, nothing showing they acquired the debt from Barclays. They also sent me a separate letter containing interrogatories, a redacted copy is attached. interrogatories-redacted.pdf
  9. Well, let’s hope the judge agrees with me in that filing a suit is essentially refusal to arbitrate as that is what I claimed in the MTC.
  10. From everything I've read, do NOT file with AAA until you are granted the MTC, otherwise it makes a mess of things.
  11. What happened to your MTC Arb? Did that get denied?
  12. So I've mailed the Bill of Particulars request, served & filed both my General Denial and MTC w/ Affidavit ... now it's just a waiting game to see what the other side does? I greatly appreciate your guys' help/support in this matter.
  13. In writing my motion to compel, I found this case: http://www.pooleshaffery.com/news/2015/january/a-formal-demand-for-arbitration-no-longer-necess/ https://caselaw.findlaw.com/ca-court-of-appeal/1687066.html It seems that it's no longer necessary for a Defendant to explicitely notify the Plaintiff in case of arbitration.