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Showing results for tags 'ordinary claim'.
Hello, it's me again. I was just served by Stenger and Stenger (representing Cach LLC) on an account that was dismissed without prejudice last year. The last time they sued me I appeared in court and during mediation I told the attorney that I planned on filing a MTC arbitration. She was confused, and when we went to trial she asked for a continuance. The judge granted it, and we were to appear back in court 30 days later. Well when I came back, no attorney was present so the judge signed a dismissal without prejudice. I did ask him to make it with prejudice, and he denied the request. Here we are again, and the same law firm representing the same JDB is suing me again. I haven't sent in my answer yet. I was planning on using the same arbitration defense, but after further review of the credit card agreement there is a note about "ordinary claims," and I just went through another case with that clause and was denied my MTC arbitration from the judge! Btw, this is in GA. The amount is around $1300. It's for First National Bank in Omaha that was defaulted around Feb 2016, maybe earlier. I'm really afraid that my MTC arbitration will get denied again because the judge is a JDB friendly judge. Do I have any other options to file my answer? I mean I am going to try to proceed as usual w/ my answer and then present my MTC at court, but because this has no mention of small claims court, even if I was denied, and appealed to a higher court it seems like that verbiage would still stand. Thoughts? Help? Below is the verbiage from a Q1 2016 agreement. And the bold is what I'm concerned about. So many of you have helped me dismiss so many cases over the past few years... I need some advice on this particular circumstance to see if anyone has any success with arguing this. THANK YOU!