lisser Posted September 20, 2010 Report Share Posted September 20, 2010 Hi all,Just to re-cap, I went to court on Sept. 9th for the judge to hear my MTC/alternatively stay pending arbitration. The judge wrote an order that said, "parties ordered to arbitration persuant to contract sued upon. Case held in abatement."He did not order me or the opposing side to initiate. The attorney for Cap1 asked the judge to order me to initiate and he said, "I can not force her to initiate." That was about it. I have a copy of the order and I just called the clerk to see if there was any updates. She said no and that my Sept. 27th hearing for Summary Judgment had been taken off the docket.What would you all do? Sit on it? Wait a few months or weeks and file a MTD? Link to comment Share on other sites More sharing options...
willingtocope Posted September 20, 2010 Report Share Posted September 20, 2010 You don't need an MTD, because as far as the court is concerned, the case is settled. The contract says arbitrate.If it were me, I'd wait for Crap1 to make the next move. If they don't initiate, you can wait out the SOL. They can't (actually shouldn't) continue trying to collect, but the may decide to sell the debt...in which case you may find yourself back in court again with the JDB. Selling the debt is probably also against the "spirit" of the arc clause, but, again, you'd need a court to decide that.The point is...the debt hasn't gone away...but you may have them in a position where they can't use the courts to collect it. Link to comment Share on other sites More sharing options...
lisser Posted September 20, 2010 Author Report Share Posted September 20, 2010 Ok thanks, I thought that was the case but just wanted to bounce it off you guys. If they sell it to another JDB, I've got all my paperwork, I'll just change the name and it'll be the same judge Thanks! Link to comment Share on other sites More sharing options...
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