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Timeline for Filing MTC?


Lizzybean
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Quick background: PRA sued for alleged cc debt in wrong county Dec. 2013. Case was transferred to correct May 2014. Status hearing late July and judge allowed 60 day continuance (til late Sept.) to either get counsel or file MTC. We contacted well-known attorney who expressed interest in the case for FDCPA but then never returned calls or emails. We were waiting to sign an agreement with them before proceeding on our own. This is Illinois Small Claims Court.

I have a MTC Arb prepared to file tomorrow as well as JAMS paperwork to go out as well. The problem is, after reading and reading and more reading I cannot find a rule, pertaining to local and/or small claims, that says how many days I have before a court date to file a MTC. Ideally, I would like the judge to be able to review this for our court date in two weeks. If that violates the rules, I want to know if I need to give 30 day notice, 15 day notice, etc.

Can anyone please shed some light on this? I have managed to put everything else together, including asking for leave of court, but this is the one thing I am having so much trouble understanding.

Thank you so much!

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I'm assuming by MTC you are taking about a continuance and not a motion to compel.

Continuances can be requested at any time. They happen all the time the day of trial even.

The earlier you get it in the better your chances of having it looked at and ruled on before the day of trial but if not you can show up the day of trial and ask for it then or, if you file one that the judge hasn't ruled on, ask him to rule on it then.

Edit: to be clear, I would file the motion ASAP and NOT wait until the day of trial.

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I'm sorry for not being more clear. I was a bit panicky last night.

I was speaking of a Motion to Compel Arbitration. I searched and searched and could not find a 15 or 30 day (or any other time limit) as to when to file, and at the courthouse this morning the clerks insisted the upcoming court date was sufficient and we did not need to have this heard at a later date. So, we'll see.

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It should be filed before you start litigating. So if they have sent any discovery requests, they hope you will answer, and MTC arb will be to late. If they have sent them, you have to answer, so I would file the MTC arb, then answer them with things like objection, defendant has filed a motion to compel arb. Answers will be supplemented after this case has been moved to arbitration, or arbitration is denied by the court.

That way you are not late, and you are not litigating.

You could just object, for that reason, then answer it by saying "without waiving foregoing objection defendant states xxxxxxxxxx

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It seems in IL small claims answers are not required, so we didn't file one. The first court day in July was just a status hearing and we asked for a 90 day continuance to decide whether to get counsel or file an MTC Arb and the judge granted about 60 days and set the next date (this one upcoming) as a status hearing. So far, no litigation has happened other than P R A filing suit (as in, no discovery or interrogatories, etc). The MTC Arb is now filed (with affidavits including the cc agreements) and we sent the JAMS demand as well (and included a copy for the judge). I'm just worried that they can object to it based on the timeframe of filing e.g. we didn't file it timely enough to give them time to respond. I couldn't find a rule about it anywhere though, so I guess all we can do is wait and see. I hope the stress from this doesn't kill me! Oy!

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