Onelawsuitman

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About Onelawsuitman

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  1. I did the stay and was waiting for the courts to decide how it went before posting, but the attorney called me back and really didn't want to use arb. I didn't want to push it further and test my luck with anything so we will settle for about half. Thank you to everyone for the help.
  2. Was rereading everything to make sure I got it all correct and I have already filed my answer, as that needed to be done back in March/April. I am still going to file the dismissal and/or stay. So I hope by filing my answer already it doesn't make it too late for this. I was not provided the card agreement with the filing and I am attaching it as an exhibit, with an affidavit of authentication.
  3. I think I have it down to a Motion to Compel arbitration and dismiss the plaintiff's charges. Would going this way be the best route then? Would this be a twofer, as in the compel can be granted and dismiss denied, or is it an all or nothing deal? Thank you all who have answered and helped me with this info. Hopefully it can also help others in the future.
  4. Just so I play this out correctly, I will submit the answers to the plaintiff. I'm assuming they get the actual notarized copy and then send a copy to the courts as well. Go to the courts to get the motions time stamped and submitted, and give them the MTD 1st then MTC. Just in case timing of things matter. In a second letter to the plaintiff, send them the MTD, and then 3rd letter the MTC. Or should I hold off on the MTC until it's approved or denied. I'm guessing both motions should be pretty similar, but one just saying dismiss and other compel.
  5. Can I file a 2nd motion to dismiss? If so I do agree that would be better, but I just wasn't sure. And thank you for your responses BTW.
  6. I am being sued by the stinger twins with L\/N\/ in Greene Co Ohio. This is for a debt from fingerhut. I was notified in January and responded back with a MTD (motion to dismiss I assume) because failure to state a claim which relief can be granted. The only attached document to the lawsuit was 1 billing statement. They replied back because they are suing they have a claim. So it was denied. So I did reply to the charges with denial on everything as they did not provide ownership of the debt. I got the 1st set of interrogatories and admissions. This is where I found this site and requesting Arb. I have to send out the answers today, but I was also going to file the MTC (motion to compel?) Arb today as well. Does anyone know if it is too late? From what I have seen in the local court rules, it doesn't look like it is too late to file a motion. But I hope I'm not too far into the process to initiate this, as I just learned this was a thing. I was going off of others and was going to answer all the requests with an OBJECTION. Arbitration has been elected, and a jurisdictional motion is pending in this court. The scope of discovery is to be determined by the arbitration forum. from MikeS in another recent post. Should I add anything else to the answers if the motion is denied? We do have the case on the docket in august right now as well. I've also added the terms and conditions I found on FH's website. Sorry for all the crappy names, but I did this to protect the googles. webbank-fingerhut-credit-agreement2.pdf