eber3 Posted December 20, 2009 Report Share Posted December 20, 2009 to the summons I was served? In other words can I file the "elect Arbitration" letter as part of the written answer, or do I have to file them separately? Link to comment Share on other sites More sharing options...
trueq Posted December 20, 2009 Report Share Posted December 20, 2009 I would send a separate notice of election letterAND assert arbitration exercise as an affirmative defense waiving courts jurisdiction. Link to comment Share on other sites More sharing options...
eber3 Posted December 20, 2009 Author Report Share Posted December 20, 2009 I would send a separate notice of election letterAND assert arbitration exercise as an affirmative defense waiving courts jurisdiction.Ok, If I'm understanding correctly the only thing I need to file with the court is the written answer, including the arbitration exercise as an affirmative defense. And of course a certificate of service. And then I send a copy of the same to Crap1's lawyer. And separately an election letter.Is that correct? Or do I need to file a copy of the election letter with the court as well? Link to comment Share on other sites More sharing options...
trueq Posted December 20, 2009 Report Share Posted December 20, 2009 Then there is no confusion about waiving Plaintiff's litgation rights. Link to comment Share on other sites More sharing options...
eber3 Posted December 20, 2009 Author Report Share Posted December 20, 2009 Ah, ok. Link to comment Share on other sites More sharing options...
LeeBee77 Posted December 20, 2009 Report Share Posted December 20, 2009 If you send that arbitration to Crap One's lawyer (and to them), do you still have to go to the court hearing? What happens next?I'm in the same boat. Link to comment Share on other sites More sharing options...
lowbud Posted December 21, 2009 Report Share Posted December 21, 2009 me too. I'm right there with ya. Anyone? Link to comment Share on other sites More sharing options...
trueq Posted December 21, 2009 Report Share Posted December 21, 2009 http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=299152Admin asked me to go through all the scenerios. Link to comment Share on other sites More sharing options...
Baggins Posted December 21, 2009 Report Share Posted December 21, 2009 We've done everything, elected, inititated "per the judge", filed appropriate notices, sent notices to cap1 and their atty's, even filed a motion to compel arbitration. STILL have a trial date, everyone is ignoring. Gonna file a complaint against the atty's with the AG for not moving to stay their case iaw our state law and the FAA. Don't know what else to do. Link to comment Share on other sites More sharing options...
lowbud Posted December 22, 2009 Report Share Posted December 22, 2009 so nothing worked for you? I have to try something. I am going to send off some letters tomorrow and go to the court house and submit a denial. Link to comment Share on other sites More sharing options...
scardKaren Posted December 23, 2009 Report Share Posted December 23, 2009 to the summons I was served? In other words can I file the "elect Arbitration" letter as part of the written answer, or do I have to file them separately?Are you being sued by at OC or JDB? Link to comment Share on other sites More sharing options...
eber3 Posted December 23, 2009 Author Report Share Posted December 23, 2009 Are you being sued by at OC or JDB?Cap1 Bank C/O Plaintiffs lawyer Link to comment Share on other sites More sharing options...
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