Jump to content

my recent cap1 case help!


immortalrebirthsolid
 Share

Recommended Posts

I was sent summons by JM LLC plaintiffs atorney. Plantiff is cap1.

I responded to summons. Now i have an order for scheduling conference date for oct. 28. The letter from the court reads:

It is hereby ordered that a scheduling conference pursuant to IRCP 16b is set before the undersigned magistrate judge. The parties if pro se or their attorney if represented by counsel are required to appear as set out below and shall be authorized and prepared to discuss:

Status of case

Amendments to the pleadings

Pending or anticipated pre-trial motions

status of discovery

time required for trial preparations

time required for trial

cut off dates for discovery and pre-trial motions

settlement

other matter conducive to determination of action.

Now i have a letter from the plaintiffs attorney with interrogatories,request for admission, request for production of documents, exhibits with credit card statment and agreement contract.

My questions are:

1. What do i do about the interrogatories and what not that the attorney is asking?

2. Is it too late to file motion to compel arbitration? if not how do i go about doing that?

3. do i wait for scheduled hearing to bring up arbitration or do i file, send letter to attorney and still attend hearing?

4. If i'm heading for arbitration do i still need to respond to the interrogatorie?

Really appreciate anyone who can help me. I hope trueq(How can i PM this guru) can contribute too because he seems to know alot about this.

Thanks

Link to comment
Share on other sites

Check RCP for Idaho and/or Idaho Statutes and find out about Arbitration, how to initiate it and what can vaiwe your right. Also, do you have a copy of the agreement? How much is the card? You could file a MTC Arbitration, call the court and schedule a hearing for it before your pre-trial if they can do it so soon. But you need to move first. PM me if you need links to IRCP and Statutes

This is not legal advice

Edited by tigra
Correction
Link to comment
Share on other sites

I have a copy of the agreement they attached as exhibit for discovery. They are looking for 2500 and the limit on the card is 1000. I have a letter ready to send to the plaintiff attorney to elect arbitration and send copy to court and wait 5 days for response before filing MTC. Maybe this is not good because of short time but my intention was to use it against them should they decide not to respond.

Will appreciate those links to IRCP of idaho for arbitration also if you have a template for MTC. Thanks

Check RCP for Idaho and/or Idaho Statutes and find out about Arbitration, how to initiate it and what can vaiwe your right. Also, do you have a copy of the agreement? How much is the card? You could file a MTC Arbitration, call the court and schedule a hearing for it before your pre-trial if they can do it so soon. But you need to move first. PM me if you need links to IRCP and Statutes

This is not legal advice

Link to comment
Share on other sites

To my knowledge you do not need to send a letter electing arb. first. Send a notice of motion, where you basically state what your motion is going to be about and what relief/outcome you are asking for, and then attach motion to compel arbitration after the notice together with the agreement. This needs to be done ASAP, after which you will need to call the courthouse and schedule a date for the hearing on your motion. One thing you might want to check before you do this is if Capital One has a provision in their agreement on small claims. For example, my case is a tough cookie cause its in small claims and Citi has a section in their agreement which says that small claims cases are not referable to arbitration. Make sure your agreement does not have this. It could be anywhere in the provision that talks about arbitration

Link to comment
Share on other sites

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.