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So... our lawyer didn't file a continuance in time


debton
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For my husband's arbitration.

A little background... LVNV Funding was suing my husband and I (separately) and the courts assigned it to arbitration court automatically. Still not sure why on that one.

Anyway, the date for both was 9/15. We asked our lawyer to try and settle with them before the hearing because we really didn't want to go and we knew we had an original bill that we had to pay.

The amounts of the offers were ridiculous. Our bills together (according to them with buttloads of fees added in) were around $3500, their lowest offer was about $2500 when our original bills were around $800 each.

I said we couldn't do that, didn't have that much money. This was the day before arbitration. My lawyer said he was going to try and file continuances for each one, to buy more time to settle. The next day I got a letter from the court that my case was continued, but didn't get one for my husband.

About 2 days later, got a letter from the court for my husband saying the case has been DISMISSED with prejudice because the plaintiff never showed. 8-)

I think my lawyer told their lawyer he was going to file them, and didn't file my husband's... on purpose. xangelx

So, what are the chances they won't show for mine next month, either?

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I'm not familiar with arbitration at all. So, please bear with me!

I'm going to say that it was state conducted. We got papers that a complaint has been filed against us by lvnv. There was no court date set or anything, just a complaint with a bogus affidavit attached. A few days later, we got papers from the court saying it was passed onto arbitration because it was under $50k. We didn't choose it, and I don't think lvnv did, either.

Oh and thank you!! :mrgreen:

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Guest usctrojanalum

I'm going to say that it was state conducted. We got papers that a complaint has been filed against us by lvnv. There was no court date set or anything, just a complaint with a bogus affidavit attached. A few days later, we got papers from the court saying it was passed onto arbitration because it was under $50k. We didn't choose it, and I don't think lvnv did, either.

Correct this is standard procedure in a lot of NE State jurisdictions, it is just how the courts operate to try and alleviate their docket. 50k is a really huge number though, here in NY everything that is under 6k gets shoved into ADR.

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Guest usctrojanalum

I think my lawyer told their lawyer he was going to file them, and didn't file my husband's... on purpose. xangelx

I doubt this happened, this is a violation of a professional code of conduct and extremely unethical your lawyer could probably be disbarred if he did this or at least face heavy judiciary sanctions.

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