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Hi there, This forum has been so helpful to me previously (I used arbitration to make Kohn Law Firm give up on a 5K Care Credit debt), I am hoping you guys have insight into my current dilemma. I am being sued in my county's Small Claims Court for an alleged 2k Citi card debt. I thought I was good to go with my MTC but have read a few posts here indicating some courts have taken: "Individual claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court," to refuse MTCs. Sure seems like the OC is wanting to have his cake and eat it, too. My question is: How often are JDB's aware of this little nugget and how often are courts refusing MTCs based on it? I've really no option but to give it a go with my MTC, just wondered if others have experience with this.
Hello all... I've been lurking around here for a few weeks now - and have been met with mounds of helpful information, so thanks so much for that! My hubby is being sued by Midland Funding LLC by its servicing agent Midland Credit Management, and Kohn in their lawyers here in WI. Per what we read here, he denied all allegations against him and was the only defendant that day to actually show up and deny all charges. The lawyer who showed up acted like they didn't receive my husband's answer (which isn't required in our county, but I advised him to file one anyway after reading all the info here) - and my hubby produced a signed return receipt. The lawyer fumbled a bit, and basically a court date was set for next month. Now to today... my husband received a letter from Kohn, which has an affidavit of mailing and the Plaintiff's first set of requests for admission, interrogatories and requests for production of documents. Here is my question (and excuse me if I sound naïve, LOL) - These forms don't look like they were filed in court, seeing as there isn't a court seal/stamp. It does look like a legal filing, but it's not stamped like the summons or the response. It's signed by a tamp by a lawyer at Kohn Law Firm, and they provided a photocopy of "exhibit A" which is one credit statement from OC from a random date, and a statement showing the charge off. How do we go about answering this? Do we file our response with our court? And, do we file our request for documentation through the court and send it back to them? So much to do, but I want to absolutely make sure we do this right. Thanks so much!!
I think I may have found some important information for those dealing with JDBs in Wisconsin. I've been reading the boards for a while and recently read a Marquette Law Review on responding to admissions, interrogatories and documents. I was hoping for some feedback on my answers with this new information. First questions: what is the criteria for determining the "specificity" of the denial? Are the denials that I give in the following post considered "specific"? Many users on this board have cited lack of information or belief in refusing the admit or deny. I am assuming that in states other than Wisconsin this is an acceptable response. In my following post, you can see that I have not used this phrase. I have, however objected to some of the requests, please see the following information Second question: Are the objections I raised in the following post sufficient? Third question: I put my defenses after all of my responses. Are my defenses formatted correctly? I would like to use the defenses that TrueQ pointed out in Midland Funding / Kohn / Wisconsin Mainly WI 425.104 & 105, WI 425.109, and WI 422.409 Fourth question: Considering that we are in Discovery now (I think), is it prudent to elect arbitration or JAMS? Fifth question: Considering that we are in Discovery now (I think), should I file a MTD? And if so, on what grounds? I hope this information is helpful to anyone dealing with JDB in Wisconsin, and any information would be most helpful!