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DHABTE

Sued/Served by Barclays Would Like To Try Arbitration Please Help!

32 posts in this topic

So I did everything last week and this is the update for the court case. Can anyone explain if any of this means anything? Thanks.

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43 minutes ago, Harry Seaward said:

It's saying you filed a MTC, MTD and Motion to Stay.

Okay and now I wait to hear from the judge before or at trial in regards to handling this through arbitration right?

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Right. There's a decent chance the plaintiff will file some sort of objection to your motions, so be aware of that and the fact that you should file a response if that happens.

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33 minutes ago, Harry Seaward said:

Right. There's a decent chance the plaintiff will file some sort of objection to your motions, so be aware of that and the fact that you should file a response if that happens.

Thanks I'll check case records and the mail for any responses. Is there a thread that explains what goes on typically in the court room? I'm going to assume I won't get an answer before our court date and will have to provide the MTC I filed and request for it in person? I just want to make sure if I'm not supposed to do anything like make sure I don't confirm the debt is mine for example if the plaintiff tries to get me to claim it in court or something.

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Specific hearing details are all over the place. Each court has their own routine. If the plaintiff starts tying to litigate the debt, just ask the court if this is a hearing on the MTC or a trial in the merits of the case. You'll have to agree you had an account with the OC in order to lay claim to the arbitration clause from the agreement. Beyond that, the trial is the place to establish if they own the debt and how much is owed. 

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I very much dislike the contradictory motion to dismiss and motion to stay at the same time.  If this were me, I would forget the MTD and only ask for a stay pending the arbitration outcome.

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