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AlawsoabA1221's Achievements

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  1. @Brotherskeeper @nobk4me yes voluntary for both cases. I was a little shocked because I just received their request for admissions/discovery last week. Ok, I have my strategy in case they do sue again. Load off my shoulders for now. Thanks so much to everyone's advice & answering my questions!!!!! Ya'll have helped so much!!
  2. I waited for almost 3hours until EVERY docket was heard to then be informed my cases were dismissed. Picked up my papers from the Clerk, Plaintiff faxed dismissal without prejudice today at 12 (1hr before court). Anyone know of any tactics I should plan for since its without prejudice??
  3. @Brotherskeeper It does include request for admissions. I will send via certified mail. Just didnt know if it was best practice to have it ready for initial conference or not.
  4. I am really confused after reading everyone's responses now. I know that I dont have to file the answers to the discovery/interrogatories etc. With the court. I am just confused as to what I should draft and/or actually file with the court (if anything) to take with me to court tomorrow besides my copy of the JAMS application. The deadline for the Plaintiff to respond to the MTC arbitration is not until after this initial conference. I am assuming this request for discovery/interrogatories is just a sep request/tactic & is "in response" & that I should object to each responding as MTC arb, however, do I take this response & "serve" them in court or just bring paperwork with me in case its discussed? I am very confused as to my strategy or what to do besides bring my copy of jams paperwork (since I cant file until MTC is ordered) & my notes of what to say during this conference.
  5. So do I answer each discovery, request for admissions & interrogatories or just the discovery as "objection defendant has elected private contractual arbitration"? Court is on Tue. I didnt really see an answer if I do this or not...do I file my answers prior to court (mon or like the morn of court)? I will take my JAMS ap, & notes with me to the court along with all your suggestions.
  6. @MikeB35Yes, I filed that Apr 22nd. I am watching your thread of your recent Dell case as well. Very helpful!
  7. I can put all of this together for you a little later this evening, if that is helpful. Quote Following
  8. So, of course, I received a request from the Plaintiff today for Interrogatories, Request for Production of Doc's & Request for Admissions. I filed my MTC April 22, the 14 days will be up 5/6. However, the court set a "hearing" for 5/7 after I filed my MTC. Per the court rules, I'm guessing this is the "initial conference?!" Should I draft my motion for dismissal (or whatever its called) & take with me & either file the morning of take with me on the date of our hearing? I will have my Jams arb form filled out along with my notes to use during the hearing. Idk how long the answer time frame is for the interrogatories per the court rules. Is this considered a "motion"? That's prob a stupid question lol. Should I have this answer ready for the hearing as well? What is the beat order to file all of these in or present to the court? Rules of Practice and Procedure of Municipal Court (PDF).pdf
  9. @Clydesmom ty for the info. I was kinda asking if I should even try that approach - then change it later - since I had no proof to back up that claim & the plaintiff would recognize that.
  10. This makes sense. I am going to read up more on that thread too. Currently, I dont have any proof to back up an FDCPA claim (but I can always it & remove it if need be) and/or change to the Billing Dispute, bc I never received any correspondence from this JBD until this complaint (nor from the OC. The OC never updated my new address when I requested while the account was in good standing). The plaintiff didn't have my updated address until a previous complaint was on file with this same municpal court & they did their scrub, any previous correspondence was sent to my previous address. I've never got A chance to do a debt val & received no calls to inform cease & desist in hope's of a TCPA either. Hopefully @fisthardcheese can add the details of any new violation in the new case
  11. @MikeB35 Great info. Inevitably, I have a few questions about this In the example you provided, Is rounding the claim down (to $2,000) what I'm supposed to do? I would submit the claim as $3000, referencing the violation, correct? What is the appropriate time frame and what scenario would prompt me to change the claim later? Is there a place in this application to request the plaintiff to pay per the agreement specifications OR do I request this separately? If sep, what method?
  12. I filed my MTC today. The lady had to take it in the back to ensure it could be filed because they've never had anyone file this before. She said it would be set for a hearing. Kinda confused as to why it would be since I didnt request one & the court rules state there wouldnt be for a motion, just a ruling. I know the hearing hasnt been set yet for the complaint (docket hasn't been updated online at least). I am thinking hearing will be set maybe because I was stupid & mailed my complaint answers via reg mail, that maybe plaintiff filed for judgment prior to me filing this motion today? (Its been about 10 days since I filed complaint answers) or because they've never received this type motion before. Because they're setting this hearing, should I draft the judgment (not sure what its called) to file if no plaintiff response to this motion after 14 days? (Time frame per court rules). I know I cant request arb until this is granted, do I draft a notice of arb w JAMS to take to this hearing? I sent my notice of arb via regular mail & didnt include either w AAA or JAMS (I know I'm stupid for reg mail. I'm well briefed now). Anything else I need to prepare for hearing or my next steps? (I will read up on threads re arb to try to prepare as well).
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