idontthinkso

Allgate Financial case in KY

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was the motion ruled upon by the Judge? If not, I would call the clerks office, make sure you were not supposed to schedule a hearing for it to be heard.  Some states require a hearing, some rule on them without one.  

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I checked back this week, and there has been no action since I filed my response. The clerk stated before that I had to send the entire thing to the lawyers, but I only sent the response that I was requesting arbitration via JAMS, not the entire paperwork. I find it a little odd that I have to send everything to the lawyers, as the court sent the paperwork to me, not the lawyers.

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This is what you should have done, if you didn't do this, I would start over. Type up the MOTION TO DISMISS OR IN THE ALTERNATIVE STAY CASE PENDING PRIVATE CONTRACTUAL ARBITRATION.

File the motion with the court, ALONG with a copy of the credit agreement that has the arbitration clause in it.  Ask the clerk if you need to schedule a hearing for your motion to be heard.

Take a copy of the entire motion, a copy of the credit card agreement, Highlight the arbitration part and send it to the Plaintiff.  ANYTHING you file with the court, you must send to the Plaintiff. Don't rely on the court to do it.

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Well, there's been a long silence about this, but today I received a call from an 800 number. Traced it back and it is Stenger, the legal firm Allgate hired to file suit. Should I call them back? I assume they are going to try to make me a settlement offer. If that's the case, I think I've read in these forums that it is a desperation move. Is that generally correct?
 

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5 minutes ago, idontthinkso said:

Well, there's been a long silence about this, but today I received a call from an 800 number. Traced it back and it is Stenger, the legal firm Allgate hired to file suit. Should I call them back? I assume they are going to try to make me a settlement offer. If that's the case, I think I've read in these forums that it is a desperation move. Is that generally correct?
 

Did you file a MTC arbitration?

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3 minutes ago, BV80 said:

Did you file a MTC arbitration?

I did, a long time ago. I am about to file a new motion as advised to dismiss or in alternative compel arbitration. I think I have them over the barrel on this one, as the JAM fees would be more expensive than what they are trying to get from me.

 

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Well if you haven't done anything since Jan., and you have not pursued having the motion you filed heard, then it looks like your just hoping this goes away. Move on it now, or you may as well fork over the money. We can't do it for you. 4 months, really?

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On 1/6/2016 at 4:13 PM, idontthinkso said:

Oh, speak of the devil. I just missed a call from the lawyers. Should I call them back, or force them to go through the court?

My guess is they are calling to offer a settlement.  I would not accept a settlement that has you paying them any amount at this point.  It is up to you if you want to call them back and see what their offer is.

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On 5/2/2016 at 0:38 AM, shellieh98 said:

Well if you haven't done anything since Jan., and you have not pursued having the motion you filed heard, then it looks like your just hoping this goes away. Move on it now, or you may as well fork over the money. We can't do it for you. 4 months, really?

Well, maybe you can afford me a little latitude on this, considering I've never been in court in my life. I didn't know how to force a hearing. 

EDIT TO ADD: I figured the onus was on the plaintiff to agree to arbitration or continue with the hearing.

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On 5/2/2016 at 9:18 AM, fisthardcheese said:

My guess is they are calling to offer a settlement.  I would not accept a settlement that has you paying them any amount at this point.  It is up to you if you want to call them back and see what their offer is.

I've been waiting for the courthouse to be open for about a week. They've been closed for "system upgrade." I went in yesterday and there has been no response. Stenger called again today. I agree with you that they are trying to get me to accept a settlement. If I were a betting person, I would bet on the fact that they know they probably won't succeed in court.

 

I will be filing the new motion to dismiss or compel arbitration tomorrow.

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13 hours ago, idontthinkso said:

I've been waiting for the courthouse to be open for about a week. They've been closed for "system upgrade." I went in yesterday and there has been no response. Stenger called again today. I agree with you that they are trying to get me to accept a settlement. If I were a betting person, I would bet on the fact that they know they probably won't succeed in court.

 

I will be filing the new motion to dismiss or compel arbitration tomorrow.

If you have already filed a motion to compel arbitration, I would not just file another one.  That is not proper procedure.  You need to get a hearing set to rule on your pending motion.

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Just thought I'd come back and let everyone know that after two years with no response (after monthly trips to the court house to check on status), I finally got a letter from the court stating the case was dismissed without prejudice. I can live with that since in the two years following the case, the debt has passed the SOL.

Thanks for all the help, everyone.

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1 hour ago, idontthinkso said:

Absolutely! People should know that there ARE options out there for people fighting these bottom feeders, and I wanted to be part of letting people know as payment for the help I received.

 

Congratulations! 😀

Thank you so much for letting us know the outcome.  You’ve provided encouragement for other members who are facing similar challenges. 

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