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Been a while. and Hello


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So, hello boys and girls.

 

It’s been a while for me as I have had nothing new to report.  However the last time I had advised you guys that they agreed to do a MTC through arbitration with JAMS, and I had then advised them that I have since then retained a BK attorney.

 

They wanted to me sign a release dismissing any charges against them, and they would agree to drop their lawsuit against me. I decided NOT to take that route, and instead waited for them to file the docs through JAMS. To date there has been no filing with JAMS. I contacted our local court house today and found out they had until 6.15.2014 to file through JAMS or they will drop the case filed by DNGPC. She then said I am going to write them a notices giving them 23 days to file, or this case gets dropped.

 

I guess I need to know if I can file anything prior to this, as I don’t think it’s fair for them to get an additional 23 days.

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Hi Tds,

 

I would not do a thing. If you protest over the extra time they've are being offered, it just gives them an opportunity to rethink the matter. The issue behind your forcing arbitration was a strategic move to make them pay the cost of arbitration. If they wanted to pay the fees I believe they would have already.

 

Lawyers are competitive by nature. I once pushed the envelope in a situation like this, and instead of letting the court dismiss due to lack of prosecution, I filed a Motion to Dismiss. At a hearing with some serious debate, the court asked the attorney if he wanted to proceed. The attorney then decided to pursue the case.  I'm convinced it was nothing more than his ego at stake, and not wanting to be seen as having filed a frivolous lawsuit in front of the Judge. If I let the issue develop quietly outside of the courtroom, he probably would have dropped the case.

 

Patience is a virtue here. I suggest you do nothing and let the court notify the Plaintiff's attorney without any action on your part.

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No, but if you are filing a BK it is a moot point.  Sit on it, they are not going to file with JAMS, they just won't.  If it is dropped, do you still need to follow through with BK? You may want to hold off.

I will only file if they pay the fee and take me to JAMS. I will go all the way through JAMS, and then file right before the arbiratior makes the decsions.

 

 Since this is a debt buyer, I feel they have NO right asking me to pay a debt that is NOT theirs, and I owe them NO debt..

 

Thanks so much, I will stay quite, and say no more.

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Hi Tds,

 

I would not do a thing. If you protest over the extra time they've are being offered, it just gives them an opportunity to rethink the matter. The issue behind your forcing arbitration was a strategic move to make them pay the cost of arbitration. If they wanted to pay the fees I believe they would have already.

 

Lawyers are competitive by nature. I once pushed the envelope in a situation like this, and instead of letting the court dismiss due to lack of prosecution, I filed a Motion to Dismiss. At a hearing with some serious debate, the court asked the attorney if he wanted to proceed. The attorney then decided to pursue the case.  I'm convinced it was nothing more than his ego at stake, and not wanting to be seen as having filed a frivolous lawsuit in front of the Judge. If I let the issue develop quietly outside of the courtroom, he probably would have dropped the case.

 

Patience is a virtue here. I suggest you do nothing and let the court notify the Plaintiff's attorney without any action on your part.

Hey you.. This was my fear, therefore I didnt' want to do anything that would piss the court system off. I know they will try to find against me whenever they can, so best I stay as quite as I can.. So far nothing has been happening.. I am just sitting here awaiting for them to dismiss, or file in JAMS.

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Hey you.. This was my fear, therefore I didnt' want to do anything that would piss the court system off. I know they will try to find against me whenever they can, so best I stay as quite as I can.. So far nothing has been happening.. I am just sitting here awaiting for them to dismiss, or file in JAMS.

 

There is an anti Pro Se attitude with many courts. It was certainly at play in my cases. Based on the local court rules you previously shared, I'd sit tight and do nothing at this point...or in other words, keep up the poker face. At this point they either ante up, or fold.

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