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Everything posted by nobk4me

  1. Did you file a MTC arb with the court? That's the only thing that will halt the court case. If the MTC is granted, I suspect AAA would accept the arb filing with a court order.
  2. Technically, IMO, if the defendant files a motion to dismiss and the plaintiff fails to respond, which was the case here, the motion should have been granted. But you got a stay, which is a victory. File the arb with JAMS.
  3. You already filed a motion to dismiss. The court declined to dismiss, but issued a stay. So I wouldn't file another one. Just provide evidence you have initiated the arbitration. After that, the next move is up to the court. They might dismiss, but that is doubtful. They will probably just continue with the stay.
  4. Just wait until the court acts. It will eventually. They are probably waiting for the plaintiff to respond. If they don't, that works in your favor, as you should win the motion by default. But don't be surprised if the court bends over backwards to accommodate them. They might hold a motion hearing. Don't try to push the court to do anything. Judges don't like that.
  5. If they do drop the arbitration but file suit again, it's a case of rinse and repeat. File the MTC again. When they dismiss a court case the second time, it's with prejudice.
  6. It never hurts to negotiate with them. It they say no, then file the arb. As their costs increase, the more likely they are to drop the case.
  7. I think it's a good decision. In my experience, courts rarely dismiss but do grant a stay. This is in your favor. Now, who should initiate? While the Rotman case says that's the plaintiff's responsibility, if you wait for them to do it, they will probably drag their feet, and the July 24 deadline passes with no initiation by either party. Then the plaintiff can go back to court to lift the stay. You don't want that. So to be safe you should initiate. Or you could file objections to the magistrate's decision, citing Rotman, seeking clarification that the plaintiff needs to initia
  8. No, you have not gone too far in litigation for arb, especially if you object to their discovery. See the case Land v. Byrider for an analysis of waiving arb rights by going too far in a court case. Be sure to ask for a stay pending arb, as the arb law is very strong on this. It mandates a stay if the case is subject to arbitration.
  9. Yes, that's the relevant part. Definitely mention all their misrepresentations in your reply.
  10. Two main points in the plaintiff's brief: 1. The contract excludes collection matters from arb; 2. Defendant failed to initiate the arb case. This must be a boilerplate response, as they refer to Discover, _which is not the OC here. Anyway, with regard to the first issue, their logic is faulty, or maybe they are being deceptive. The contractual language is "We will not require you to arbitrate . . . ' in collection cases. But you want arb. It is not a case of them forcing arb on you. The contract does not say arb can never be used in a collection case at the request of the defen
  11. Ruled on in 10 days? I am not aware of that. Remember, the other party has the right to respond to your motion.
  12. When you receive their discovery requests send back your responses as objections.
  13. You need to object to the plaintiff's discovery requests, on the ground that arb has been elected. You don't want to answer them as to substance, as that may waive your arb rights. But you can't just ignore them either.
  14. No. Not under the consumer rules of the arb forums. That's what makes arb such a powerful tactic. And as for court rules, check for local rules of court too. They should be posted on your local court's website.
  15. Yes, those are examples. Maybe @fisthardcheese has more suggestions.
  16. Most likely these are scams. Threatening jail for not paying a debt is a typical scam tactic. The use of different email addresses is as well. A legitimate collection law firm probably wouldn't use a gmail account.
  17. I am guessing the judge dismissed the case because he wanted to wash his hands of it. Sometimes judges do unexpected things. This one was in your favor. You might respond to their settlement offer like this: more or less mutual dismissal with prejudice. You won't file in arb and they won't sue you again or sell the debt.
  18. About the jobs on credit reports: sometimes an old employer, where you don't work anymore, will be on the reports for years. I'm convinced employment is the main thing they look for, as it means wages to garnish. So I would advise reviewing your credit reports and removing anything that isn't current and correct. Since you're now unemployed due to Covid I would declare your job status to be unemployed on the reports. All I can suggest is keep going in arb and try to run up their costs. Maybe at some point someone will come to their senses. I know, at first we all said arb was a
  19. So they paid $4200 so far to collect a $6800 debt. Not making sense. Usually they fold, cut their losses and move on to easier prey. Do they know they can't recover arb fees from you? Is there any reason for them to come after you like this? Anything on your credit reports, like a high paying job?
  20. I am surprised the JDB paid this. How much is the debt, in round, ballpark figures? Usually JDBs fold rather than pay arb fees.
  21. I assume this is a JDB? Who is the OC? If arbitration is available, that is the best way to beat a JDB.
  22. I don't get why anyone who is at all worried about germs would choose a career in health care. The car accident victim could be infected with HIV, Hep C, or who knows what. And the ER docs are drenched in their blood. I think they are the ones being selfish, insisting that everyone else suffer because they suddenly realize they could catch a fatal disease. When it should have been obvious up front that this risk goes with the territory of working in the medical field.
  23. Re the hero worship of docs: this is being exploited by the gov. Here in Ohio there is a daily press briefing by the governor and the health director. The health director wears a white doctor's coat. While she is an MD, her job in state government does not involve treating patients. It is an administrative position. The white coat is a theater prop, to reinforce her authority.
  24. The virus is real. But I suspect the risks are being exaggerated. This isn't the new bubonic plague. Yes, there are vulnerable populations. So isolating them would be the logical course to take. Instead entire economies are being destroyed with these unprecedented lockdowns. Worldwide about 1.5 million people die of TB every year. But we don't shut down the economy and make people hide in their houses because they might get TB. It makes me wonder if there is another agenda here. For some contrarian views I would recommend