Vinsey

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About Vinsey

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  1. I'm back with a bit of a curveball regarding this case. It's been a few weeks since my case has been dismissed and I still haven't received a letter of nonsuit (which I received a few days after my last case), so I called the court clerk to see if they had a copy I could pick up for my records. I was told I owe $132 in court fees for this case and that I should have been told this in court. Now, you know I certainly was not told anything of the sort that day and I went out of my way to make sure the case was truly dismissed. Has anyone else been hit with a fee like this? The clerk didn't have
  2. Gotcha. I wasn't sure of this, so this is good to be clear on. I had hoped there was more I could do than just kicking the can down the road, but as long as my money stays in my wallet it's a big WIN in my book.
  3. Yep, you were right! I fudged up the with/without prejudice. My case was dismissed without prejudice which is why I wanted to be certain my MTC hearing was moot before I left. Note: I've edited the post to be correct.
  4. Alright. If you're reading this thread, you're probably wondering what the results of my case were. You may even be hoping to find out what a court hearing looks like in this neck of the woods. I also like to know what to expect when it comes to these types of situations, so I'll detail my experience for you below. Keep in mind: my original court date and hearing for my MTC were scheduled 30 minutes apart. Would I do that again? Probably not. You'll see why in a little. 1. I arrived 30 minutes early. My hearing was set in General Sessions Court which is basically a medium-sized room with
  5. I have never heard of that before. This will probably be invaluable to me from here on out - thanks again!
  6. Volt Info. Sci., Inc., 489 U.S. at 479, 109 S.Ct. 1248 (citations omitted). Therefore, the question becomes "what the contract has to say about the arbitrability of petitioner's claim." Mastrobuono, 514 U.S. at 58, 115 S.Ct. 1212; see also Frizzell Const. Co. v. Gatlinburg, L.L.C., 9 S.W.3d 79, 84 (Tenn.1999). 282*282 In this case, the arbitration clause governs "all claims, demands, disputes or controversies of every kind or nature between [the parties] arising from the [sale of the vehicle]." The arbitration clause also states that arbitration shall be "conducted pursuant to the p
  7. Okay, gotcha. Yeah, I'll definitely be scouring the web for more case law but so far, my search has been pretty fruitless.
  8. Hey y’all. This isn’t my first time getting sued by a JDB, but it is only my second so my goal is to be more knowledgeable and competent this go ‘round. I aim to heavily document this case in hopes of being a resource to my future self and others in the SE Tennessee area (since General Sessions Court does things a bit differently here.) My previous case (nearly a year ago) was dismissed without prejudice, largely based on the steps I’ll detail below and one silly mistake you can read about in my post history. As you know, IANAL. I also don't pretend to know a damn thing outside of what I'
  9. Yeah I definitely would have preferred with prejudice but I know more now so next time around I can handle it better. Yes, it's a completely different form, something they wrote up and sent to me. They didn't say that they also sent something to the court for dismissal so I am calling the court clerk tomorrow to ask the questions and get a clear answer. I would hate to be stupid at this stage of the game and let them swindle me by sending me this and tricking me into not showing up for our next court date and then they show up and ask for a default judgment.
  10. Hey all, it's been a hot minute but I've finally received a response. PRA mailed me a Voluntary Order of Nonsuit to dismiss without prejudice. It isn't signed by a Judge yet and I still need to confirm my court date is scheduled for next month, but I wanted to update my case and hopefully help anyone else in my neck of the woods.
  11. This confirms my suspicions which makes me sick, but I chalk it up to being part of my learning experience. Shoulda coulda woulda as they say. I'm most likely going to have to do this all over again for two other debts that are coming around to get me before their SOL, so I'll be even better and wiser next time!
  12. No he didn't. It looked as though he was conferring with the clerk about needing an order to continue arbitration. Hindsight is 20/20 but I feel like I myself should have gone up and talked to the clerk and asked to have it seen by the judge. Let's hope I get some respondence in the mail soon saying they dismiss. Or rather they sign the form and I get my MTC granted leading to mutual dismissal being required lol.
  13. Damn. I already sent the letter to them immediately after my hearing, but that wording would have been great. I should be getting their response within the next couple of days.
  14. Really? What should I have done instead? It was my understanding that this was the proper course of action and the judge wasn't going to see me at that point.
  15. So my Motion hearing was scheduled half an hour after my regular hearing, so when the attorney repping PRA was going through the 15 or so people on his list out in the hall he got to me and I told him about my pending MTC and he was like okay well I'll meet you in there. Back in the court room I was called for my motion and sent back out to talk to him AGAIN. A little annoying because the only the thing the judge is doing is calling names, I kind of figured I would get called and go up and state my case for my MTC and it would either be granted or not. I went out and talked to the attorney and