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How to Amend Answer and MTD or is it to LATE


RD23
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Filed answer and MTD three (3) ago as pro se in Georgia. Original creditor that has a 2003 arbitration agreement (BOA). Attorney for Plaintiff is one of the biggest attorney/collection firms in the South. Amount of suit Plaintiff is claiming Is $25,000.00. Can I amend my answer and MTD to add that I elect to arbitrate to JAMS? I have been beating myself up all morning, (just read Linda7 Steps to Arbitration). Any help will be very Thankfull.

P.S. I did add the right to add or amend answers at a later date.

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Thanks, Flyerfan. I would have thought so by the MTD. Read and Learn. Great Place to educate oneself.

 

What are you basing your MTD on, SOL? Motions to dismiss are very procedural, i.e. black and white, not a place to argue your case.

 

If it is a MTD for an issue with their complaint and they are forced to refile, you can request arbitration then.

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I successfully "won" against the same creditor (BofA) with the same agreement year using the Arb clause.

 

Before getting into the specifics about Arb, you need  find out what the status of the case is.  I know nothing about GA court procedures but it sounds like you never asked the court for a hearing date for your motion to be heard. 

 

Some courts automatically dismiss the case after 1 year of inactivity.  Check your court rules and contact the court to see if the case is still active.

 

If the case was dismissed,, great.  DON'T WAKE A SLEEPING DOG."  File NOTHING with the court.  That is a good chunk of time for the SOL to build up.  The GA SOL is 6 years.

 

IMHO, if the case is still active, then their next move is a MSJ hearing after discovery is complete.  The problem is if they file for an MSJ, your MTD must be heard first.  I wonder if you have them over a barrel and didn't even know it.

 

Hearing dates are not automatic in some states.  In NM, anytime you file a motion, you also have to file a "request for setting," which is asking the court for a hearing date for your motion to be heard.

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Filed answer and MTD three (3) ago as pro se in Georgia. Original creditor that has a 2003 arbitration agreement (BOA). Attorney for Plaintiff is one of the biggest attorney/collection firms in the South. Amount of suit Plaintiff is claiming Is $25,000.00. Can I amend my answer and MTD to add that I elect to arbitrate to JAMS? I have been beating myself up all morning, (just read Linda7 Steps to Arbitration). Any help will be very Thankfull.

P.S. I did add the right to add or amend answers at a later date.

Have you been through discovery ?

 

If you have filed nothing else but answer and motion to dismiss then I think you can file a motion to compel arbitration , but I would include JAMS filing (Filing in JAMS costs nothing just paperwork and service on your opponent).

 

Read your rules of Civil procedures and see if your court rules allows MTC be heard or it's ruled on paper, you need to schedule a hearing and notify the other side to attend.

 

I would cite Att vs Concepcion in my motion

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Is BofA/FIA the Plaintiff in your case or a JDB?

 

Can I amend my answer and MTD to add that I elect to arbitrate to JAMS?

 

No, you elect Arb by notifying the Plaintiff, not the court.

 

You initiale Arb by filing the Demand with JAMS, including your portion of the fees.

 

Once you have initialed with JAMS, you file your MTC Arb with the court which forces the Plaintiff to pay their initial JAMS fees and your portion covered by the Cardholder Agreement. 

This was the key in my case as FIA refused to pay the fees.  After 3 months of their refusal, I filed a motion for sanctions for not following the court order compelling Arb.  They dismissed the court case 11 days before the hearing and I never heard from them again.  12K added to the board tote 3 years ago.  No guarantees here, but this is really what happened in my case.

 

Now a couple of the finer points of the Arb clause.  As mentioned, we both have the same Cardholder Agreement.

 

     1 - Your portion of the JAMS fee is equal to what the cost of filing in your state Court would be.  Self Explanatory.  Your cost should be $205 Civil filing fee, if I am reading the correct GA court page.

 

     2 - You can elect Arb ANYTIME prior to a Judgement being entered.  When I read this, I sat back in my chair, laughed and decided to have some fun as I elected Arb, via fax to the Plaintiff atty  at 4:30pm on the night before their MSJ hearing. ::punk::

During the MSJ hearing, I MTC Arb and it was granted.

 

Just remember, you have plenty of time to learn stuff as it appears that there has been no discovery during the 3 years.  Keep the Arb to yourself until you feel it is time to elect and initiate.

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Flyerfan

 

What are you basing your MTD on, SOL? Motions to dismiss are very procedural, i.e. black and white, not a place to argue your case.

 

If it is a MTD for an issue with their complaint and they are forced to refile, you can request arbitration then.

Yes, I was attacking their complaint and attached agreement of not being sworn and notarized. Please note, I filed an answer with the MTD

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What are you basing your MTD on, SOL? Motions to dismiss are very procedural, i.e. black and white, not a place to argue your case.

 

If it is a MTD for an issue with their complaint and they are forced to refile, you can request arbitration then.

I hit the enter before I finished.  I filed only three days ago. Georgia does have a Arbitration code: O.C.G.A. 9-9-4 Application to court: venue; service of papers; scope of court's consideration; (a)(1) application is made in a pending court action, in which case it shall be made to the court hearing that action.

O.C.G.A. 9-11-15 Amended and supplemental pleadings; (a) Amendments: A party may amend his pleading as a matter of course and without leave of court at any time before the entry of a pretrial order.

 

Question: Can I still file? Thanks for your time

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I successfully "won" against the same creditor (BofA) with the same agreement year using the Arb clause.

 

Before getting into the specifics about Arb, you need  find out what the status of the case is.  I know nothing about GA court procedures but it sounds like you never asked the court for a hearing date for your motion to be heard. 

 

Some courts automatically dismiss the case after 1 year of inactivity.  Check your court rules and contact the court to see if the case is still active.

 

 

I just filed the answer and MTD three days ago.

Georiga courts have a arbitration code and you can file amended pleadings. I have no letters from the court stated to go forward.

Thanks for the info.

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Is BofA/FIA the Plaintiff in your case or a JDB?

 

 

No, you elect Arb by notifying the Plaintiff, not the court.

 

You initiale Arb by filing the Demand with JAMS, including your portion of the fees.

 

Once you have initialed with JAMS, you file your MTC Arb with the court which forces the Plaintiff to pay their initial JAMS fees and your portion covered by the Cardholder Agreement. 

This was the key in my case as FIA refused to pay the fees.  After 3 months of their refusal, I filed a motion for sanctions for not following the court order compelling Arb.  They dismissed the court case 11 days before the hearing and I never heard from them again.  12K added to the board tote 3 years ago.  No guarantees here, but this is really what happened in my case.

 

Now a couple of the finer points of the Arb clause.  As mentioned, we both have the same Cardholder Agreement.

 

     1 - Your portion of the JAMS fee is equal to what the cost of filing in your state Court would be.  Self Explanatory.  Your cost should be $205 Civil filing fee, if I am reading the correct GA court page.

 

     2 - You can elect Arb ANYTIME prior to a Judgement being entered.  When I read this, I sat back in my chair, laughed and decided to have some fun as I elected Arb, via fax to the Plaintiff atty  at 4:30pm on the night before their MSJ hearing. ::punk::

During the MSJ hearing, I MTC Arb and it was granted.

 

Just remember, you have plenty of time to learn stuff as it appears that there has been no discovery during the 3 years.  Keep the Arb to yourself until you feel it is time to elect and initiate.

Thanks for this great info. I am calling JAMS tomorrow. If i am reading my O.C..G.A. correctly I can still file JAMS before pretrial.

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Have you been through discovery ?

 

If you have filed nothing else but answer and motion to dismiss then I think you can file a motion to compel arbitration , but I would include JAMS filing (Filing in JAMS costs nothing just paperwork and service on your opponent).

 

Read your rules of Civil procedures and see if your court rules allows MTC be heard or it's ruled on paper, you need to schedule a hearing and notify the other side to attend.

 

I would cite Att vs Concepcion in my motion

No, I have not been through discovery. Georgia code states I can go with arbitration before pretrail.

I will check on oral hearing or ruled on paper.

Thanks

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