Kellie90 Posted October 25, 2018 Report Share Posted October 25, 2018 I received paperwork thru the local courts that Portfolio has filed a complaint against me for a past debt. I answered the complaint and let them know I wished to arbitrate thru JAMS. This was mailed certified to the attorney and the paperwork given to the courts last week. Yesterday I received paperwork from Portfolio's attorney requesting Plaintiff's first set of Interrogatories, requests for admission, requests for production of documents and notice of service. I thought that everything we did from now on was to be filed thru the courts, however this was just sent regular mail from attorney. I am sending the JAMS paperwork out tomorrow for arbitration, however do I need to fill out this paperwork from Portfolio and send it back to them? I am from Ohio. Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted October 25, 2018 Report Share Posted October 25, 2018 I would respond to every single request with the following statement: Objection: responding to plaintiff's request may constitute a waiver of defendant's right to private contractual arbitration. 1 Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted October 25, 2018 Report Share Posted October 25, 2018 You also need to file a MTC arbitration with the courthouse ASAP. After getting the MTC sent out, I would answer the discovery as Harry suggests. You might have said it in you answer but you also need to enforce it with the court. 1 Quote Link to comment Share on other sites More sharing options...
nobk4me Posted October 27, 2018 Report Share Posted October 27, 2018 Discovery usually isn't filed with the court. And, I agree with WhoCares1000, your priority MUST be to file the MTC Arb with the court. Just saying you want arb, and even filing in JAMS, isn't enough. The MTC Arb, if granted (and it should be), is what brings the court case to a screeching halt. Which is the real goal of the arbitration strategy. Quote Link to comment Share on other sites More sharing options...
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