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Should I File a Motion to Dismiss


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Case 1 JDB Amt 20+ Purchased 6/11

Case 2 JDB Amt 10+ Purchased 10/11

The same JDB and OC for both cases.

Case 1 , I filed for Arbitration and it was accepted by JAMS, then JDB decides not to enter Arbitration.

Case 2 JDB files suit on 10+, no prior communication sent, so no debt Validation done. Filed an answer denied Allegations. Sent BOP. JDB Subpoenas OC, and send Discovery requests. Admissions requests information using CC account number from Case 1. I am not sure if this is a mistake or intentional to mess up my responses to discovery. . I have all document from Case 1 and Arbitration, could this be used to file a Motion to Dismiss

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why do they have to subpoena records from them. aren't their records allegedly the same as the OC's and is case one still active?

It is very confusing.

and what is their standing?

I am not sure a motion to dismiss would get you the result you want(courts are loathe to dismiss a case without reaching the merits.

So how to proceed is very ticklish the courts routinely deny motions to quash.

The standing issue would be the way to go on a MTD.

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You can have some fun with the admissions. These dummies did the same thing with me. DENY everything, then let them pursue. How stupid will they look when you request a hearing and they have to explain to the judge why they were too stupid to put the right account number on the requests. Make them bleed money going to court if you have the time.

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  • 1 month later...

I have filed a Motion to Compel arbitration on this matter,

Tentative Decision :No opposition was received, and good cause is shown. The Motion is

Granted. Defendant is directed to prepare the Order. Not sure what I need to do now, any assistance would be helpful.

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