MY CASE WAS STAYED!

[tjabq]

Hello, Great news, I got my case stayed, but I have some questions if anyone can answer?

The scumbag lawyer for PRA appeared by telephone, I was wondering why but I will explain why later.

The judge read my motion to dismiss or in the alternative stay pending private contractual arbitration. The Judge asked the jdb lawyer for his response and he stated that it was difficult if not impossible for them to file in arbitration because of the changes that occurred with the arbitration forums and suggested to judge that I be the one required to initiate, not him. I tried to argue out of that but judge somehow thought I should but he gave no formal written order and I asked if there was a time constraint to which the judge replied “no, just write me a letter within 6 months or so and if we don't hear anything back we will take it from there”. What the hell does that mean?

Also the JDB Lawyer commented that I only attached the arbitration agreement and not the whole contract and asked judge to require me to provide it by which the judge replied, "you brought the suit, it is your responsibility to provide a contract by which you are asserting against the defendant".

The lawyer replied "we are trying to get a copy of the agreement".

WHAT? THEY BROUGHT A SUIT OF BREACH OF CONTRACT AND THEY DON'T HAVE ONE!!!

I had brought the full agreement to court and was thinking of not even mentioning it but I thought I better send this version to the plaintiff's lawyer because I did not want them to produce the new Cap One contract without the Arbitration Provision!, so judge told me to mail it to them! Do I have to file it with the court or just send idiot lawyer a copy? This case is stayed!

And now the icing on the cake concerning a Motion for Telephonic Appearance filed by the scumbag idiot lawyer for PRA, I noticed they had filed it 2 days before this pretrial hearing on the court website but when I got home from court and checked my mailbox it was there waiting for me. I opened it up and I laughed so hard I nearly crapped! The stupid scumbag idiot lawyer appeared telephonically and made a motion to do so as a hearing for DEFAULT JUDGEMENT! For TODAY, AT THE PRETRIAL HEARING! HE ACTUALLY THOUGHT I WAS NOT GOING TO SHOW UP!

So what should I do?

Wait to see if the jdb dismisses case? The alleged debt is only for around $1000 and I don't think they want to get caught up in an expensive arbitration hearing even if I do have to initiate!

[RebelLady]

CONGRATS, CONGRATS and CONGRATS!!!!!

xdancex xdancex

Job well done and way to stick to your guns!!!!!

This was a really big step and we're all very proud of you for not relenting or giving up the fight despite being told by some how bad an idea this is...

CONGRATS and WAY TO GO!!!!!

RL

[Guest usctrojanalum]

I tried to argue out of that but judge somehow thought I should but he gave no formal written order and I asked if there was a time constraint to which the judge replied “no, just write me a letter within 6 months or so and if we don't hear anything back we will take it from there”. What the hell does that mean?

Means you have to initiate, I assume the letter within 6 months is a status of the private arbitration (ie, if they accepted the case, has there been a hearing, any award issued, etc). I do not even know, you would be the only one who knows what it means because you were there and judge may have said something in a certain context that we can't gather from text on a internet forum post.

Also the JDB Lawyer commented that I only attached the arbitration agreement and not the whole contract and asked judge to require me to provide it by which the judge replied, "you brought the suit, it is your responsibility to provide a contract by which you are asserting against the defendant".

lol.

Do I have to file it with the court or just send idiot lawyer a copy?

Do not file it with the court. Just mail a copy to attorney or fax him a copy.