Jump to content

filed motion to dismiss and compel arb, now judgment?


tvaughn
 Share

Recommended Posts

So I was sued back in 2016 by a credit card company and filed a motion to dismiss and compel arbitration.  I never heard back from the attorney (other than numerous attempts to contact me via telephone after I had already sent them a DV letter in response to a Dunning letter they had sent) or the arb org, and now I believe I may have a judgment against me despite the fact that I filed my motion to dismiss and compel arbitration well within the required time frame.  What should I do?  Do I call the court where I field my motion?  Do I call the arb org?  Do I call the attorney for the creditor?

Link to comment
Share on other sites

49 minutes ago, tvaughn said:

So I was sued back in 2016 by a credit card company and filed a motion to dismiss and compel arbitration.  I never heard back from the attorney

You let this sit for two years and never checked the court dockets?  NOT a good idea.  Their attorney is NOT your attorney.  They are not required to keep you abreast of what is happening in the case and they won't.  It is to their advantage you do nothing.

51 minutes ago, tvaughn said:

What should I do?  Do I call the court where I field my motion?

Start there.  Find out the status of the case directly from the court.

Link to comment
Share on other sites

@Clydesmom Sorry - I was a little off with the dates.  They actually sent me a Dunning letter in 2016 and I responded with my DV letter.  They never replied to that and then I was notified that I was being sued in March/April of 2017.  I filed my MTC on time and didn’t receive any correspondence until last month when I received a settlement offer from them.  I replied to that letter and once again heard nothing and now I THINK I may have a judgment against me (I say I THINK because I’m not sure if I’m reading what I’m looking at correctly).

Link to comment
Share on other sites

In Missouri if you get a default judgment or some other kind of judgment that is due to an error or circumstance outside of your control you can file a motion to set aside the judgment.  You need a good reason for it.  And there's a time frame.  Two years might be too late for that.  

You need to find out all the details of the court's actions in your case and then see if there is anything to do for a remedy.  It's odd that if a creditor got a judgment two years ago that they didn't try to collect on it.  They could be sitting on it to rack up interest, I suppose.  

Link to comment
Share on other sites

13 minutes ago, tvaughn said:

I filed my MTC on time and didn’t receive any correspondence until last month when I received a settlement offer from them.  I replied to that letter and once again heard nothing and now I THINK I may have a judgment against me (I say I THINK because I’m not sure if I’m reading what I’m looking at correctly).

Again, I ask WHY would you sit there and do nothing?  Keeping an eye on the case on line is absolutely mandatory so you don't end up in this situation.

Link to comment
Share on other sites

1 hour ago, tvaughn said:

So I was sued back in 2016 by a credit card company and filed a motion to dismiss and compel arbitration.  I never heard back from the attorney (other than numerous attempts to contact me via telephone after I had already sent them a DV letter in response to a Dunning letter they had sent) or the arb org, and now I believe I may have a judgment against me despite the fact that I filed my motion to dismiss and compel arbitration well within the required time frame.  What should I do?  Do I call the court where I field my motion?  Do I call the arb org?  Do I call the attorney for the creditor?

You "MAY" have a judgment against you?   What have you done to find out if there's a judgment against you?

Link to comment
Share on other sites

55 minutes ago, Sogeln said:

When you say you were notified were you served the official petition or heard of it some other way like a phone call? If you were never served you can file a motion to set aside based on that failure of procedure.  

I was served and I responded by filing my MTC and my demand for arb at the same time.  

Link to comment
Share on other sites

On 5/28/2018 at 2:34 PM, BV80 said:

You "MAY" have a judgment against you?   What have you done to find out if there's a judgment against you?

I searched my county court records and it looks like they may have gotten a judgment against me.  I just don’t know if I’m reading it correctly - that’s why I’m not  100% sure.  

Link to comment
Share on other sites

50 minutes ago, Clydesmom said:

Again, I ask WHY would you sit there and do nothing?  Keeping an eye on the case on line is absolutely mandatory so you don't end up in this situation.

I assumed that my motion to dismiss and grant arb was granted, but that they didn’t want to pay the arb fees because they kept calling me (I never spoke with them though).  I figured that I would let them keep calling even though my DV letter told them to NEVER contact me by phone.  The other board thought that was a violation so I let them keep violating.  

Link to comment
Share on other sites

1 hour ago, Sogeln said:

In Missouri if you get a default judgment or some other kind of judgment that is due to an error or circumstance outside of your control you can file a motion to set aside the judgment.  You need a good reason for it.  And there's a time frame.  Two years might be too late for that.  

You need to find out all the details of the court's actions in your case and then see if there is anything to do for a remedy.  It's odd that if a creditor got a judgment two years ago that they didn't try to collect on it.  They could be sitting on it to rack up interest, I suppose.  

It hasn’t even been two years since they sent the Dunning letter.   I was notified that I was being sued in March/April of 2017 and immediately sent my MTC and my arb demand.  I assumed they didn’t want to go to arb. 

Link to comment
Share on other sites

9 minutes ago, tvaughn said:

It hasn’t even been two years since they sent the Dunning letter.   I was notified that I was being sued in March/April of 2017 and immediately sent my MTC and my arb demand.  I assumed they didn’t want to go to arb. 

 I don't know your court rules.  You say you sent a MTC arbitration.  Did you file it with the court?   Was a date set to hear your motion?

In regard to a judgment, again, you say you MAY have a judgment against you.   Have you contacted your court to see if a judgment has been rendered against you?

Link to comment
Share on other sites

17 minutes ago, tvaughn said:

I assumed that my motion to dismiss and grant arb was granted,

You NEVER assume.  The court should have notified you not opposing counsel.  BIG mistake.

18 minutes ago, tvaughn said:

The other board thought that was a violation so I let them keep violating.  

The "other" board thinks EVERYTHING is a violation.  Even if they were violating you don't ignore the court case. 

FIND OUT WHAT IS HAPPENING WITH THAT.

Link to comment
Share on other sites

36 minutes ago, tvaughn said:

I searched my county court records and it looks like they may have gotten a jodgement against me.

What exactly does it say? It sounds like your answer/MTC was lost/ignored/denied and you were never informed. ...and opposition conveniently forgot to send you their MSJ, if that is required in your jurisdiction.

 

Link to comment
Share on other sites

3 hours ago, BV80 said:

 I don't know your court rules.  You say you sent a MTC arbitration.  Did you file it with the court?   Was a date set to hear your motion?

In regard to a judgment, again, you say you MAY have a judgment against you.   Have you contacted your court to see if a judgment has been rendered against you?

I sent everything to the court according to the instructions and in accordance with the way I handled a similar situation with another creditor, so I know it was done correctly.  In the other case my MTC was granted so I assumed the same happened here but the creditor didn’t want to follow me into arb.  Yes, I should have followed up on it but I honestly had no reason to think that they would still pursue a judgment after I filed my MTC and my arb demand and notified them of such. 

I only just found out about the possible judgment today when I searched my local court records.  Again, I’m not 100% sure I’m reading it correctly but I will call the court tomorrow to follow up and find out what is going on.  

Link to comment
Share on other sites

So I just spoke to the county clerk and he informed me that a judgment was entered against me in June of 2017.  This is puzzling to say the least, and he's not even sure what happened with my MTC.  He received it and they have it on file, but I can't get down to the court house until tomorrow at the earliest.

Link to comment
Share on other sites

On 5/29/2018 at 10:50 AM, tvaughn said:

So I just spoke to the county clerk and he informed me that a judgment was entered against me in June of 2017.  This is puzzling to say the least, and he's not even sure what happened with my MTC.  He received it and they have it on file, but I can't get down to the court house until tomorrow at the earliest.

I would ask to look at the case file.  You need to find out if they filed a MSJ or if there was a hearing you were never notified about.  Find out HOW they got their judgement.  Get a copy of the judgement and see what the judge said in it.

I would work on filing a motion to set aside the judgement.

Link to comment
Share on other sites

10 minutes ago, fisthardcheese said:

I would ask to look at the case file.  You need to find out if they filed a MSJ or if there was a hearing you were never notified about.  Find out HOW they got their judgement.  Get a copy of the judgement and see what the judge said in it.

I would work on filing a motion to set aside the judgement.

Thank you.  I am actually heading to the court house shortly.  

Link to comment
Share on other sites

So I just left the court house but didn’t get any real answers.  They seem totally confused as to what happened, but it seems like my MTC was not entered correctly and/or heard.  They said that there weren’t any deficiencies noted which I think means that I sent everything I was supposed to send.  They are going to investigate it further and get back to me later today or tomorrow morning at the latest.  Once they figure out what happened I will go back and get copies of everything I need if necessary.  

Link to comment
Share on other sites

Spoke to the clerk again today.  In summary, the court completely dropped the ball and didn't even hear my motion.  She confirmed to me that the judge has now approved my fee waiver and will consider the motion that I sent back in April of 2017.  She also told me that they are filing to vacate the judgment.  What really bothers me though is that the attorney for the creditor submitted the MSJ fully knowing that I filed my MTC and my arb demand (I am 100% sure the attorney received that paperwork as well since I got my return receipt back from their office).

Link to comment
Share on other sites

17 minutes ago, tvaughn said:

What really bothers me though is that the attorney for the creditor submitted the MSJ fully knowing that I filed my MTC and my arb demand (I am 100% sure the attorney received that paperwork as well since I got my return receipt back from their office).

 Bother you, there was nothing illegal about his filing the MSJ when you filed your MTC. 

Link to comment
Share on other sites

Just now, tvaughn said:

Even though they knew that I had elected and filed for arb?

 The court had not yet granted your motion to compel.   To be honest, it was your responsibility to make sure that the proper steps had been taken for your motion to be heard. 

  • Like 1
Link to comment
Share on other sites

3 minutes ago, BV80 said:

 The court had not yet granted your motion to compel.   To be honest, it was your responsibility to make sure that the proper steps had been taken for your motion to be heard. 

I understand that, but I thought that once I chose arbitration that ended their ability to litigate in court.

Link to comment
Share on other sites

6 minutes ago, tvaughn said:

I understand that, but I thought that once I chose arbitration that ended their ability to litigate in court.

 Not necessarily.   Did you pay your filing fee in the arbitration forum?  

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.