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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.

 

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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.

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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

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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.

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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

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@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

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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.

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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.

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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.

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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.

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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.

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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?!?

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"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.

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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.

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