AngryandBroke Posted April 17, 2010 Report Share Posted April 17, 2010 We received a ruling from the judge on our petition to compel, however it's not as clear cut as I expected.The order states:Petition granted.Defendant to file an answer to the complaint.Action removed from court arbitration.Contractual arbitration to be completed by court date.Court date set for (months away).Not quite the 'Stay pending the outcome' required by our State's Arb Act.Does it mean I have to file an answer with the court? To the original complaint or the one JDB files with JAMS? With a court date scheduled, what stops the JDB from ignoring this order and going to court? Since we haven't heard anything from JAMS yet (we initiated with our complaint), how long is this all going to take? I don't see us meeting that deadline... Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted April 17, 2010 Report Share Posted April 17, 2010 which parts are you exactly confused about? this is a stay pending the outcome of arbitration. you are to file an answer to the JDB's complaint, the action was removed from the courts alternative dispute resolution. and the contractual arb is to be completed by the next court date which is months away, if it is not there is going to have to be a real good reason given to the court as to why it has not been completed yet. Link to comment Share on other sites More sharing options...
trueq Posted April 17, 2010 Report Share Posted April 17, 2010 To opposing counsel asking when he is going to INITIATE THE ARBITRATION PER THE CONTRACT AND COMPLETE PAYING THE FORUM FEES!That puts the onus on the other side.If he fails to respond...and the court date arrives...you can say "Your honor, I sent this to them and got no response. They are not interested in forwarding their claim and obeying your court order, I move to dismiss with prejudice."Always paper trail and ask them to complete procedure.They may tell you to drop dead...or my favorite YOU HAVE TO PAY 100% OF THE FEES. (dumb lawyers never read the consumer forum rules and procedures) If they do that, you may be able to sue lawyer!Always write letters. Piss and moan about them needing to complete the paperwork and pay the fees.Take your time. Grind their posterior.I really love doing this as you can tell. Link to comment Share on other sites More sharing options...
AngryandBroke Posted April 17, 2010 Author Report Share Posted April 17, 2010 Thank you TrueQ, your advice has been essential in helping us through this. I think if I got to the point of doing several of these I could see myself having just as much fun with it. I guess my real confusion was at seeing a trial date set and no mention of the word 'Stay'.Also I'm guessing the order is simply for us to answer their complaint in arbitration, rather than to file an answer in court to their original complaint.Letter writing has begun! Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted April 17, 2010 Report Share Posted April 17, 2010 Also I'm guessing the order is simply for us to answer their complaint in arbitration, rather than to file an answer in court to their original complaint.You've guessed wrong here, make sure you file your answer with the court to their original complaint. Link to comment Share on other sites More sharing options...
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