bookreader1975 Posted April 21, 2008 Report Posted April 21, 2008 I have a case that is about to go to court ordered non-binding arbitration. 10 days before the arbitration, the rules require that each side mail the other the documents and witness list. If you fail to adhere to this rule, then the documents are generally not admitted at arbitration. I received my packet from the other attorney which contained a copy of a credit card statement a year and six months after I lost my job and couldn't pay. It also contained a word document that included the amount owed, interest and attorney's fees. And it also included a letter that he allegedly wrote a few months before suing me. I never received this letter and considering how long it is, I know that I would have responded to it. I also never heard of this CA until I received the court summons so I hope to use that to my advantage at arbitration.My question is -- if there's no proof of ownership, do they have a case? I've requested proof through discovery and have been waiting for two months for them to send it to me. I filed a motion to compel, but the hearing was canceled because of the arbitration. I'm wondering if anyone else has experience regarding being sued when no contract of ownership has been provided.Thanks.
merrybucks Posted April 21, 2008 Report Posted April 21, 2008 I would make a point in arbitration that the plantiff hasn't provided any proof of ownership nor have they provided a contract.
Methuss Posted April 21, 2008 Report Posted April 21, 2008 The arbitration is non-binding, so if you are not happy with the outcome either side can continue it in court.
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