still_learning Posted March 13, 2011 Report Share Posted March 13, 2011 Two questions:1) In PA, may I submit my "Answers" and "Discovery requests" at the same time?On a separate case..2) If JDB never answered my request for "Discovery" then months down the road, sent me a letter stating they've requested this case be heard in arbitration.. what should my next course of action be? I'm thinking "Motion for Dismiss" because JDB never answered my "Discovery" questions?Thank you so much for your help! Link to comment Share on other sites More sharing options...
kingair41 Posted March 13, 2011 Report Share Posted March 13, 2011 I never got to the discovery stage as of yet. But it would seem that a MTC discovery would be the next thing to motion for. Be careful of what arbitration they are requesting. They more than likely are going for the court ordered/judicial ADR arbitration. Do you have a copy of the alleged agreement to read from? Look to see if there is an arbitration clause and what forum is stated to be utilized in the event arbitration is elected if you do have a copy. If not who is the OC the JDB bought the alleged debt from? Back it all the way up to the OC if it was bought and sold a few times. and ask if anyone has a copy of that agreement. Then use that to stick it to them as they are going to need to comply with the OC's agreement or made to by the consumer if they need a little help.Stay away from the ADR arbitration. It usually consists of good ole boy attorneys or retired judges that get paid on a per deim basis. The more cases they hear the more they get paid. They aren't to thorough and may skip over the important aspects of a case to fit in another one. Link to comment Share on other sites More sharing options...
donqII Posted March 14, 2011 Report Share Posted March 14, 2011 Two questions:1) In PA, may I submit my "Answers" and "Discovery requests" at the same time?On a separate case..2) If JDB never answered my request for "Discovery" then months down the road, sent me a letter stating they've requested this case be heard in arbitration.. what should my next course of action be? I'm thinking "Motion for Dismiss" because JDB never answered my "Discovery" questions?Thank you so much for your help!Are you talking about your answer and affirmative defenses with your discovery, or are you talking about answering their discovery and submitting yours at the same time.... If this is the case, that is what I did.As to your second question, mine never answered the discovery requests I sent, but went for a hearing date for a judgment on the pleadings instead.For myself, I am in the process of trying to get this into private contractual arbitration.... they are fighting me.You do not want state arbitration. Check your card member agreement and see if you have the arbitration clause, and who they list.If you don't have a copy, someone here can help you.Which end of the state are you in? Link to comment Share on other sites More sharing options...
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