Being sued in Arkansas

[Xtreme98 5]

I just wanted to thank everyone for the info and help that has been provided. @wernda1234 , @Jimmy E, & @fisthardcheese You have been a true blessing. I will update as soon as something is filed with the next case. I too hope it goes as smoothly as the first.

 

[fisthardcheese 1,382]

7 hours ago, Xtreme98 said:

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

dismissal credit corp Redact.pdf 90.82 kB · 5 downloads

This is very good, but if it were me I would check my court rules on dismissal.  It is very likely that due to your motion being filed, they are supposed to get your agreement for a stipulated dismissal.  If the rules say this, then I would personally file an objection to their lack of contacting you to stipulate and agreement but state in my objection that I will agree to a dismissal with prejudice.

[Xtreme98 5]

Well that is a good idea. I'm not sure how the rules read on that and i will have to check. It would be nice to have with prejudice to have this gone once and for all. I will check on this and see if i can figure out how an objection should look and read. Thanks for the info @fisthardcheese

[fisthardcheese 1,382]

This is just an option.  It is what I would do personally.  However you can also just accept the dismissal and be done with it too.

[Xtreme98 5]

OK. So I just received a response back from the attorney. I am a bit confused so need a little advice. Some of these questions seem to be somewhat of a repeat of the first questions. Either way this part is new to me since the last case was dropped before it made it to this point.

Faber and Brand Response Redact.pdf

[fisthardcheese 1,382]

Was an MTC filed?  Has the judge ruled on the MTC yet?

[Jimmy E 110]

@Xtreme98, just so everyone is clear, this is a *DIFFERENT* case altogether than the one the JDB dismissed in DISTRICT court (small claims), right??

If so, two things:

1.  Their filings and requests will be much the same as with your previous case.  Just answer and file a motion to arbitrate.

2.  Since I think this IS a different case, you might want to start a NEW thread if you have more to share or have questions.  You will find the posts on this thread apply to the 'new' case in the same way since the Arkansas rules are the same.

Best,

Jimmy

[fisthardcheese 1,382]

4 minutes ago, Jimmy E said:

@Xtreme98, just so everyone is clear, this is a *DIFFERENT* case altogether than the one the JDB dismissed in DISTRICT court (small claims), right??

If so, two things:

1.  Their filings and requests will be much the same as with your previous case.  Just answer and file a motion to arbitrate.

2.  Since I think this IS a different case, you might want to start a NEW thread if you have more to share or have questions.  You will find the posts on this thread apply to the 'new' case in the same way since the Arkansas rules are the same.

Best,

Jimmy

Op's original post was dealing with 2 cases from the start.

[Xtreme98 5]

Yes this is the second case. I filed the answers and the MTC the same day. I also sent certified mail to the attorney those same papers.  I have not been to court and as far as i know a judge has not ruled on the MTC. That is why this seemed strange to get a second set of questions.

[fisthardcheese 1,382]

16 hours ago, Xtreme98 said:

Yes this is the second case. I filed the answers and the MTC the same day. I also sent certified mail to the attorney those same papers.  I have not been to court and as far as i know a judge has not ruled on the MTC. That is why this seemed strange to get a second set of questions.

It's not strange, the case is just on auto pilot.  Their computer system has determined it is the usual time in your case to send discovery so that's what was generated.

If this were me, I would double check my court rules and make sure it is not up to me to set a hearing date for the MTC.  I would also work on responding to these discovery items. Most of them, except the obvious questions about your name and address, should be met with an objection due to court being an improper venue and your pending MTC to move the case to arbitration.  You must answer them within the allowed time.

[Xtreme98 5]

OK. I will get these answered. I will double check to make sure no court date is needed. @Jimmy E Do you have any input on the Arkansas law and whether or not a date has to be set by me? This court clerks are more lost than me.

[wernda1234 23]

Good afternoon.  I do not believe the defendant has to set a motion hearing; the court will take care of that

[fisthardcheese 1,382]

15 hours ago, wernda1234 said:

Good afternoon.  I do not believe the defendant has to set a motion hearing; the court will take care of that

Thank you for this info.

@Xtreme98  Also keep in mind to check your court rules on how long the Plaintiff has to respond to a motion.  It is likely that this time has passed.  When they finally realize they missed the MTC you filed because it was on auto pilot they may try to file an opposition to your MTC.  I would respond to this with an objection due to being well beyond the time limit to file any opposition.

[Xtreme98 5]

@wernda1234 Thanks for that info. I was thinking maybe you or @Jimmy E had said that somewhere before. @fisthardcheese I will definitely keep that in mind when it comes time. Thanks everyone. Will post an update when I have something.

[Xtreme98 5]

Should I answer the Interrogatories with  ( objection due to court being an improper venue ) or do i need to explain these?

And also the Request For Production Of Documents. Should I do anything with this now or also just use the same objection? Since its not going to be in this court hopefully i shouldn't have to provide anything correct?!?

[wernda1234 23]

"Most of them, except the obvious questions about your name and address, should be met with an objection due to court being an improper venue and your pending MTC to move the case to arbitration.  You must answer them within the allowed time" @fisthardcheese has provided how to respond.

[fisthardcheese 1,382]

1 hour ago, wernda1234 said:

"Most of them, except the obvious questions about your name and address, should be met with an objection due to court being an improper venue and your pending MTC to move the case to arbitration.  You must answer them within the allowed time" @fisthardcheese has provided how to respond.

I should have said EVEN the obvious questions, like your name.  They ALL should be answered with an objection due to improper venue.  Same with the document production.

[Xtreme98 5]

@fisthardcheese Thank you! Will have those completed today.

[Xtreme98 5]

Well I just got a letter from the attorney. It is a Motion for Summary Judgement.

Sooooo....I filed everything on time and as directed to do..I think anyway. I hope i didn't screw something up. That was my biggest fear coming into this. Anyway i am posting the letter if anyone has any suggestions. @fisthardcheese @wernda1234 @Jimmy E

 

The second set of questions im assuming is what this is referring to. I received them on 10/14/2019. The postmark on the package was marked 10/9/2019. I returned my answers on 10/31/2019. I have a certified mail receipt.  I also got the delivery confirmation slip back and it was signed for on 11/4/2019. So that is still less than 30 days. I am confused as to what they trying to do.

summary for judgment redact.pdf

[Jimmy E 110]

4 hours ago, Xtreme98 said:

Well I just got a letter from the attorney. It is a Motion for Summary Judgement.

Sooooo....I filed everything on time and as directed to do..I think anyway. I hope i didn't screw something up. That was my biggest fear coming into this. Anyway i am posting the letter if anyone has any suggestions. @fisthardcheese @wernda1234 @Jimmy E

 

The second set of questions im assuming is what this is referring to. I received them on 10/14/2019. The postmark on the package was marked 10/9/2019. I returned my answers on 10/31/2019. I have a certified mail receipt.  I also got the delivery confirmation slip back and it was signed for on 11/4/2019. So that is still less than 30 days. I am confused as to what they trying to do.

summary for judgment redact.pdf 131.34 kB · 3 downloads

@Xtreme98, the way I read it, I believe the Plaintiff is saying they filed and sent you the initial complaint on 6/24/2019.  Their MSJ is clearly trying to say that you had 30 days to answer the complaint, but did not -- in other words answered by 7/24 to 7/28, taking mailing into account.

Can you confirm that you received their ORIGINAL complaint a short time after 6/24/19?

Here's what I will look into:  In a worst-case scenario, let's say you did file an answer well past 30 days late.  Instead of an MSJ, they ANSWERED with their own set of 'admissions' and 'interrogatories,' which you answered and filed on 9/11/19.  In fact, you answered them SO well, they know their only avenue is to go backwards and say you should have answered the complaint by end of July or so.  That's their argument.

We need to find out if the Plaintiff replying to your supposed "late" answers, defeats their claim that you responded too late to begin with.  It seems to me the Plaintiff would have sent this MSJ at end of July or later.  Instead, they sent admission requests and interogs, thereby continuing the case.

So, back to you.  Can you show proof that you received their original complaint in Sept or Oct, instead of end of June??

Best,

Jimmy

 

Edited November 18, 2019 by Jimmy E
date corrections

[Xtreme98 5]

OK. So i just went and pulled the first documents. The date they filed was on June 24th 2019. The date I was served was August 26th 2019. The date that I filed my first answers was September 11th 2019. So it was more than 30 days from when they filed till i was served but i don't think that matters correct?!?

 

Just called the court house and they confirmed exactly the dates I have.

[Clydesmom 1,175]

The clock on deadlines for your answer starts ticking on the day you are served not when they filed.

File an opposition to the MSJ based on answering and lack of jurisdiction based on the MTC.

[fisthardcheese 1,382]

Actually they are NOT saying you failed to answer the complaint.  They are making a big error by reversing the dates.  They claim that they served you the DISCOVERY questions on 6/24 and that you failed to answer discovery within 30 days.  Does the court's docket show when they filed discovery?  You need to file an objection to this MSJ and state that The Plaintiff is in error and that they did not file interrogatories on 6/24 because that is the date they filed their complaint which was not served to you until August 26th.  I would state in my opposition that they did send discovery requests on Oct 9th and that you did return the response which was signed for by Plaintiff's council on Nov 4th. Include the signed green card as evidence.  I would then state that there is a pending Motion to Compel Arbitration filed by the Defendant which has not been objected to by the Plaintiff within the time limit (cite the court rule on responding to a motion).  I would conclude by asking the judge to deny Palintiff's MSJ and to Grant Defendant's MTC as unopposed.

[Xtreme98 5]

@fisthardcheese The court does show the dates as I have them posted. So its just a big mistake for them! That makes me feel better. I am going to start ASAP on the objection. So thankful for the advice.

[Xtreme98 5]

Happy New Year everyone!!

Last week I received a letter from the attorney asking the court to stop the MSJ. I do not have the letter directly in front of me at the moment so I do not remember exactly the wording used. I was slightly excited at first thinking it was over but I guess that is not the case. Ideas and what can i expect next?