Jump to content

Got What I wanted-Case Dismissed!


Peachy
 Share

Recommended Posts

Since declaring a "win" seems to be a sore spot, I will say that I got what I wanted. Zwicker didn't show and the case was dismissed today! I had Answered their Complaint, electing Arb in Answer, sent them a letter electing Arb simultaneously, two months later they filed a Motion to Strike because I didn't sign the Cert of Service saying that I had sent it to them. I then filed a "Motion to Correct Error" and Motion to Compel Arb. This was followed by them asking the Court for a stay while we went to Arbitration a nd demanding that I initiate. I followed up last week with Defendant's Opposition to Motion to Stay. I agreed about the arbitration and the stay, except using Trueq's line about "filing against myself (herself) in the pleading" and saying that it stated nowhere in the agreement that the elector should initiate. I did offer them NAF or JAMS as an alternative to AAA. They called yesterday morning and didn't leave a msg. I'm guessing they were trying to settle. Thanks for Trueq, MG05, Skippy 1960, GAMtguy and others who helped, responded and supported the fight. This was a $15k debt, so I am thrilled to have it out of the courts. If arbitration is next, I welcome it, but for me THIS is a win!

Link to comment
Share on other sites

Peachy,

Fantastic and as others have said, you determine the win and I agree getting out of court it a huge first hurdle, you have them on defense.

In the next week or so make sure you get the final paper work from the court, so you know exactly the final findings or orders. Dissmisal with predjudice or with out, and any mention of the MTC arb.

Keep all of your paperwork in a very safe spot, you may need it in the future.

Great Job for you and yours....

Link to comment
Share on other sites

  • 1 month later...
Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.