I went to court in June prepared to file a MTC for arbitration. The JDB attorney and I met in the hall and I stated that I was electing arbitration and had a MTC. He said that people say that and never file the arbitration. When it came time to talk to the judge, the attorney requested a continuance in order for me to file for arbitration. I didn't get to present my MTC and get it granted. I was nervous and really should have pushed to get a stay for arbitration but screwed that up. So now the continuance is almost up and court is next week. I filed with JAMS for arbitration and recently received an email to pay my $250 filing fee. I have several questions. What strategy do I take when we go back to court net week? Do I try to get my MTC granted to compel Crown Asset to answer the arbitration case? or what do I do? Thanks for any help.
MY ANSWERS TO THE STANDARD QUESTIONS:
1. Who is the named plaintiff in the suit?
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
Ragan and Ragan
3. How much are you being sued for?
4. Who is the original creditor? (if not the Plaintiff)
5. How do you know you are being sued? (You were served, right?)
6. How were you served? (Mail, In person, Notice on door)
7. Was the service legal as required by your state?
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
9. What state and county do you live in?
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
11. What is the SOL on the debt?
12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).
Submitted answer for lack of subject matter. Had court date. Attorney for JDB asked for continuance for me to file for arbitration.
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.