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Xtreme98, btw, you may find that saving the ARCP to PDF will be more helpful, since you can search for certain rules, or even keywords.  While it's important to know as much as you can about ARCP, I believe you agree that arbitration is the way to go on your case(s).  Over the course of time, the JDBs have tried to plug every legal hole that would lose them a case -- making arbitration the most attractive option, imo.

Best,

Jimmy

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@Jimmy E I do believe at this time arbitration would be the best for this case. I have read so much my head hurts and still law confuses me. There is so much information on this site and understanding what i do about arbitration this is the course I will follow.

 

 

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@Jimmy E Howdy, Jimmy!   @Xtreme98 Follow @fisthardcheese arbitration directions to draft your MTC - this is what I did while I filed mine.  To serve it, mail a copy to the Plaintiff's attorneys and mail the motion to the court for filing or do like you did on your Answer and file it in person.

 

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@wernda1234 @fisthardcheese @Jimmy EI have pulled the Sample working through and making changes now. Do you have to include case law? Is the one included OK to use in my situation. I am struggling a bit to find anything that is Arkansas based. I see why lawyers make the big bucks. I guess this is just part of providing your own defense but i think I am more concerned about proper filing than I am about getting sued!!

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2 hours ago, Xtreme98 said:

@Jimmy E Thanks for the information. I was typing this when i noticed your post. I will take a look at that site also and see what I can learn from it as well.

Talked to the ladies at the civil court office. They have no idea how to file a motion. Awesome! Im wondering about circuit court, if the filing would be the same since its the same county. I will be calling shortly to see what they have to say.

I did find the Arkansas Civil Procedures for motions.

Arkansas Judiciary - Rule 7. Pleadings And Motions. - 2018-08-31.pdf 14.12 kB · 1 download

 

 

@Xtreme98, imo if you don't live far from the county seat, file anything you need to file now or in the future directly with the clerk at the courthouse.  If you live way out, forget it.  As people have mentioned, some court clerks are nice, and some are 'snotty.'  Just be as friendly as you can be, thank them in advance for their time, etc.  You'd be surprised how just being nice can cause a clerk to do all he or she can to help.  Of course, they can't answer legal questions, but will stamp and file whatever it is you bring them.  A friendly clerk might tell you that you did not put a 'Certificate of Service' page on whatever you're filing, or that something must be notarized -- telling you that "Mary on the 2nd floor is a notary public."  You get the idea -- sometimes they help, and other times they are helpful.

Don't get me wrong.  None of the above is particularly necessary, and may be of no help whatsoever.  It's just an extra 'touch' that can do no harm, imo.  Would I do this in Pulaski County?  Absolutely not.  Too many cases, too many clerks, too many people waiting.  In a small county, yes!

Specifically though, a clerk may not know how to file a "motion," but they do know how to FILE.  If you presented your case number on a piece of paper, and wrote 'ABCD' on it, they will file it with everything else that's part of the case.

Thanks,

Jimmy

 

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@Jimmy E This is a small town and I know almost everyone. I know both clerks well. Getting them stamped and filed should be the easy part. When I called this morning she told me that she dint really have any idea how to do a motion or even what an MTC was. She did say she would stamp and put a copy in my file though which sounds like that all i really need done anyway. Sorry for the confusion.

@wernda1234 Wow. Thank you so much for anther huge help. I know the basic layout that @fisthardcheese provided should be enough for most but I have a hard time without seeing exactly what someone actually submitted. You did very well on your Motion and seems you understand law and the wording much better than I do.

All I can say again is thank you.... for providing the info again in a beginners course for me.

 

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I think my MTC is finalized and I'm going to the court house to file it this afternoon. I will also be sending a copy to the attorney via certified mail.

I started the form from AAA this morning. Should I wait to send it in until after I hear something back from the court?

 

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Your help by the clerks is one side of the coin of small town Arkansas law.  

The other side may not be as good for you. It isn’t as bad as when there was only one law school in the state,  but the legal community in Arkansas is very tight knit.  My father taught law in Arkansas until he died a few decades back.  One day my mother stopped to pick up the mail, and there were condolences from Ol’ Bill, Ol’ Steve, and Ol’ Dave.  Except Ol’Bill was governor, Ol’Steve was AG and Ol’Dave was Chief Justice of the Arkansas Supreme Court.  If you don’t know who Ol’ Bill was you aren’t really in Arkansas.  

What that means is pretty much every lawyer in that area knows each other.  Don’t be surprised if the opposing attorney went golfing with the judge in your case this weekend, or maybe next weekend.  Don’t be surprised if they have lunch together the day of your hearing. 

Just saying, small town courts are not always friendly to the pro se defendant. 

Or, it could turn out the judge, and everyone on the judge’s staff are all friends of yours.  Maybe even people you know from school days or church.  

It’s a double edged sword so be on the watch. 

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@BackFromTheDebt You are very right. I know a lot of the people in this county and they know me because of the work I do here. I am by no means saying they are my friends in any sense. I totally get where you are coming from and I don't figure I have any favors waiting on me. I guess we shall just wait and see what happens. Hopefully the outcome will be good for me and not the golfing buddies!!

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OK...so the MTC is officially filed today! I couldn't really get an answer on if i needed to set up a hearing date for the MTC. So I just filed it and sent a copy to the lawyer. Idk what happens at this point so if anyone has advice or suggestions please let me know.

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@Xtreme98 Now you wait.  The Plaintiff has 10 days to respond to your motion (actually, 10 days plus 3 days for mailing under Ark. R. Civ. P. 6).  Let us know if they do; you have 5 days (plus 3 for mailing) to make a reply to their response.

After that, it depends on the Plaintiff and the Court.  In my admittedly rare case, they never responded, and after a year, the Court notified us both that we had 2 weeks to show why the case should continue.  Two weeks later, the Court dismissed the case.

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@wernda1234 Thanks for the info. Lets see what happens.

I Have yet to be served from the other one. Its just around the corner though. Proud they delayed long enough to get the first one started.

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Well it finally happened! Got served on the 26th of by Velocity Investments. Faber and Brand are the attorneys on this one. This debt is for 11k and it does contain an arbitration clause also. So i will be working up an answer sheet to get turned into the court. Dont wanna get behind on this one.

As for the previous suit nothing has been filed in return to the MTC yet. Hoping that's a good thing. Maybe they walk away from it. I filed on the 1st of August so its been almost 30 days.

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As long as you are following the rules in terms of response time when filing with the court and serving the Plaintiff's attorneys, time is actually on your side.

On your first case, the Plaintiff had 10 days plus 3 days for mailing time to respond to your MTC; they are not required to respond, BTW.

On your second case, I recommend getting your Answer in (with arbitration/lack of subject matter jurisdiction as an affirmative defense), and then filing the MTC. 

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Thanks @wernda1234. Its been well over the allowed time. Does that generally mean that they have moved on?

EDIT: I miss read your statement. I see that they are not required to respond so i am assuming that the case is still valid and will continue as normal.

 

I am going to work on the answer and get it filed this week if all goes well. This is circuit court this time vs civil last go around. Is there anything i should be aware of between the two?

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Does your court require a hearing to be scheduled when you file a motion?  If not, then you just have to wait for the judge to move on it.

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That I never got an answer on. I asked the clerks but they really had no idea. I filed the MTC with the court and she put it in my case file. I also sent a copy to the JDB but IDK if there is something else i need to do. I will call again and see what i can find out.

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22 hours ago, Xtreme98 said:

That I never got an answer on. I asked the clerks but they really had no idea. I filed the MTC with the court and she put it in my case file. I also sent a copy to the JDB but IDK if there is something else i need to do. I will call again and see what i can find out.

@Xtreme98, sounds like you're okay for the moment on the 'small claims' (district) case.  A hearing is NOT required when you file a MTC (or most any other motion).  You might want to go to the court clerk and ask to see if anything has been filed that you may not know about (or won't know about for several days).  A plaintiff or defendant might immediately file a motion for whatever reason, but wait until the last day to notify you.  That's why it's not a bad idea to visit the court clerk to find out the latest.  Certainly keep an eye on the case, but start working on the 'Circuit' case.

As you may know, it's a Circuit case because the plaintiff is seeking more than $5000.  Beyond that, the court rules are the same -- filing answers, motions, etc.

Good Luck!

Jimmy

 

 

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@Jimmy EThanks so much for the info. I did call and check one time since i had filed the MTC and nothing had changed in my file. I am glad the process will be the same on the circuit level. Was worrying that it might be completely different. Whats the likely outcome of this 11k case. Just in your opinion. Will they follow all the way through Arb or try to settle?

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On 8/29/2019 at 1:34 PM, Xtreme98 said:

@Jimmy EThanks so much for the info. I did call and check one time since i had filed the MTC and nothing had changed in my file. I am glad the process will be the same on the circuit level. Was worrying that it might be completely different. Whats the likely outcome of this 11k case. Just in your opinion. Will they follow all the way through Arb or try to settle?

@Xtreme98, it's hard to say what a Plaintiff will do.  It's my opinion that as quickly as they know you intend to compel the court to arbitration, the better.  At the moment, it seems arbitration is a very expensive endeavor to a JDB -- expensive in money AND time.  Will they spend several thousand in arbitration on the "chance" to recover money?  IMO, no.  However, since arbitration is a thorn in their side, it's sure that they must be working on strategies to win.

Best,

Jimmy

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@Xtreme98, you WIN!!  Congratulations! ::travolta::

Technically speaking, the dismissal withOUT prejudice means they could re-file, but in most all cases I've seen, they don't -- too expensive.  

The JDBs like defendants who don't respond to their complaint, so JDB can win by a default summary judgment.  You are one of a few percent who let them know you were ready to fight.  They 'blinked.'  Congrats again!

Hopefully it will be the same for your Circuit case.

Best,

Jimmy

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2 hours ago, Xtreme98 said:

So here is the letter i got back from the first JDB.

dismissal credit corp Redact.pdf 90.82 kB · 4 downloads

Congratulations!  👍

Thank you so much for informing us of the outcome.   That’s a benefit to other consumers who come to this site.  

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