kmapro

Motion to dismiss and request for arbitration submitted...now what???

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**Georgia**

At the suggestion of others, I submitted a motion to dismiss and a request for arbitration (total amount being sued for was around $3200) in reference to a court summons served to me by Zwicker. This was for an outstanding Synchrony Bank debt (Care Credit).

First off, the court where I filed my motion did not even have record that I had been served. They had record of where an attempt to serve had been entered (at my old address) but they did not have any record of me being officially served.

Secondly, the lady that received my paperwork (very nice and friendly) said that she really couldn't tell me anything or offer any advice related to the summons or the proceedings. When I inquired about whether or not I needed to schedule a hearing, she told me that the plaintiff would be the one to make that call along with the judge. Then she followed up with, "Honestly, if they (referring to the plaintiff attorney) did everything correctly, they won't even have to wait for a hearing"....what does this mean?

On the day that I entered my motion for dismissal to the court, I also sent a certified (with receipt) copy to the attorney (Zwicker). I haven't heard anything from anyone - with the exception of receiving the receipt from the certified letter - and that was on this past Saturday.

I entered the motion to dismiss and the request for arbitration in hopes that they would just drop the case...now I am somewhat nervous because I haven't heard from anyone.

So, now what???? Do I just keep holding steady until I hear from someone? Will I be notified by the court if/when the judge responds, or makes a decision, based on the motion to dismiss? How much time does this normally take?

Sorry, this is my first time and I am just a bit nervous....

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Were you properly served at the correct address where you lived at time of service? Is it the correct county courthouse? The court records may not be updated if you were correctly served.

I'm not familiar with Georgia procedures but if you post the county and type of court where this is supposed to be held, that would help with answers. Also, check Georgia civil procedures code to see if the dismiss motion on its own is sufficient or if you also need to provide an answer to the complaint. Many states like Georgia consider you participating in litigation (discovery) to be waiving your rights to arbitration, so be careful. See LANGFITT v. JACKSON. Of the many things noted in that case, I see Georgia has specific arbitration rules but the appeals court mentions Federal Arbitration Act is paramount if mentioned in your cardmember agreement, so they're overridden.

If there's an upcoming court date, show up for it and bring your Motion with you and proof you've sent it to the Plaintiff. In some areas, the norm is the give the judge's clerk a copy for the judge to review 3-5 days in advance, so something to see if it's applicable for you. Anything you give the court, make sure the Plaintiff gets a copy.

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Paulding County - Superior Court

I do not know if I have an upcoming court date or not. There was no mention of a court date on the original summons and I have not heard anything, from anybody, concerning my motion to dismiss and request for arb.

Which is why I was making this thread...how long does it usually take and how will I be notified of the decision and/or result?

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On 2/18/2016 at 8:36 AM, kmapro said:

Paulding County - Superior Court

I do not know if I have an upcoming court date or not. There was no mention of a court date on the original summons and I have not heard anything, from anybody, concerning my motion to dismiss and request for arb.

Which is why I was making this thread...how long does it usually take and how will I be notified of the decision and/or result?

What ever happened? I'm in Florida and the same thing is happening with me. 15 days and no decision. Nothing.

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