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Louisianaguy

MTC granted against PRA

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After following much advice and reading many post over and over on this forum , I have had my day in court and my MTC arbitration and stay the proceedings was granted. In Louisiana you must file your answer , MTC and a memorandum in support of your motion, a little different than the MTC examples posted here. You must also state if a court date has been set, if not you must request a court date and include a order sheet. When I filed my MTC the judge ordered PRA/Rausch Sturm to show cause as to why arbitration should not be granted.  I followed all the court rules and advise from this fourm. The Rausch Sturm attorney was served as required by my state. They did not object or show up to court this morning. The judge granted my order and chucked/smiled while signing it. He said he was impressed with my ability as a Pro Se. I thank everyone for their post about arbitration, without that I would have been lost. 

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Louisiana has some weird rules compared to the rest of the country so not surprised by this. Glad you posted this so that others from Louisiana might know the differences.

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Just a note of caution here. I'm not in Louisiana but PRA followed me into arb for an amount that's at least equal to the amount they have to pay in arb. Makes no sense to me but just want to put that out there. 

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On 4/16/2019 at 11:11 AM, Louisianaguy said:

After following much advice and reading many post over and over on this forum , I have had my day in court and my MTC arbitration and stay the proceedings was granted. In Louisiana you must file your answer , MTC and a memorandum in support of your motion, a little different than the MTC examples posted here. You must also state if a court date has been set, if not you must request a court date and include a order sheet. When I filed my MTC the judge ordered PRA/Rausch Sturm to show cause as to why arbitration should not be granted.  I followed all the court rules and advise from this fourm. The Rausch Sturm attorney was served as required by my state. They did not object or show up to court this morning. The judge granted my order and chucked/smiled while signing it. He said he was impressed with my ability as a Pro Se. I thank everyone for their post about arbitration, without that I would have been lost. 

By any chance did you ask for dismiss with prejudice after they didnt show up? Good job..hope mine turns out as well..

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13 hours ago, THELEGEND said:

By any chance did you ask for dismiss with prejudice after they didnt show up? Good job..hope mine turns out as well..

Since it was a motion hearing, the option is to have the motion granted as unopposed. They would very likely not grant a full dismissal at this kind of hearing for failure to appear.

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On 4/28/2019 at 7:42 AM, FLnative said:

Just a note of caution here. I'm not in Louisiana but PRA followed me into arb for an amount that's at least equal to the amount they have to pay in arb. Makes no sense to me but just want to put that out there. 

Paying the initial filing fee does not equal following into arbitration.  You must always be willing to follow through with all the steps of arbitration and force a settlement in your favor.

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4 hours ago, fisthardcheese said:

Paying the initial filing fee does not equal following into arbitration.  You must always be willing to follow through with all the steps of arbitration and force a settlement in your favor.

@fisthardcheese.. i already sent my arb in..havent heard anything.. whats some of the objections that you have heard on arb motion. That way i can study up if they happen to do it

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On 4/28/2019 at 5:23 PM, THELEGEND said:

By any chance did you ask for dismiss with prejudice after they didnt show up? Good job..hope mine turns out as well..

In Louisiana , if there is an agreement for arbitration , the proceedings shall be stayed.

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On 4/28/2019 at 6:42 AM, FLnative said:

Just a note of caution here. I'm not in Louisiana but PRA followed me into arb for an amount that's at least equal to the amount they have to pay in arb. Makes no sense to me but just want to put that out there. 

Appreciate the info, the debt is 2,400. I seriously doubt they will spend more in arbitration cost than the debt is worth. 

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