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Quick question


OHNO
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Recently I just received an Ohio Civil Summons/Complaint from Midland Funding for Synchrony Bank.  I have decided to elect my Arbitration  (JAMS) option.  Now I have written a notice of arbitration election and getting ready to send it to the attorney (certified mail), do I need to also send a copy to Midland Funding or just the attorney?  Also I have completed my Answer to the complaint/Affirmative defenses, can this be sent with the notice of arbitration or should it be sent separately?  One last question, when I go to file my answer with the court, do I also forward them a copy of the notice of arbitration?  Sorry .....just trying to get this correct ( so much information to take in).  Thank you.

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Just send things to the attorney.  They are the representative of Midland at this point.

 

You can send the notice to them along with your answer to the complaint.

 

For the court, you will probably need to file a Motion to Compel Arbitration (and send a copy to the Midland attorney).  I discussed this in your other thread, in Collections.

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Sent all necessary paperwork to Plaintiff's attorney on Friday (certified mail) and yesterday took the paperwork to the courthouse.  The clerk would only take my pro se and answer/affirmative defenses paperwork and told me that if I wanted to file Motion for Arbitration along with paperwork for judge to sign that I would have to submit $20.  I did not have $20 in cash (only debit/bank card which they do not accept) so she immediately gave me a court date in less than a month for pretrial.  Should I just take the $20 down today and hope that the judge signs it or just wait until court date?  Also if Plaintiffs attorney does not show for Pretrial can the judge just rule in my favor?

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3 hours ago, OHNO said:

Should I just take the $20 down today and hope that the judge signs it or just wait until court date?

I would pay the $20 and file it so that my intentions are clear and the court has no reason to deny it because you didn't follow through.  Don't assume you can do it on the pre-trial date.

3 hours ago, OHNO said:

Also if Plaintiffs attorney does not show for Pretrial can the judge just rule in my favor?

Yes.  If the Plaintiff did not show up I would argue vigorously to the court their action should be dismissed with prejudice because an officer of the court is well aware of when he is responsible to be at trial and had you not shown they would have been granted a default judgment.  They don't give the Defendant the benefit of the doubt if they don't show but will grant lawyers a LOT of lee way and reschedule.  It isn't right.  

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