Xtreme98

Being sued in Arkansas

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Thank you; I believe you will win this one.  The motion to withdraw their MSJ leaves your MTC as the only active motion before the court.

As @fisthardcheese said earlier, Plaintiff's attorneys seem to be on autopilot and seem a bit sloppy.

So, they will either move to close the case or not respond at all, and after 12 months, the court will close the case under Rule 41

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It seems to me the judge would still rule on your motion to compel arbitration.  I'm actually surprised that has not happened yet.

To all:  Would it be 'poking the bear' to reassert that Plaintiff withdrew their MSJ, and have Defendant write an answer to the pending motion to compel arbitration, for purposes of the judge signing?  

I'm sure I've seen MSJ's submitted by plaintiffs/defendants composed as if the judge had written it -- with the "it is so ordered," etc.  The judge reviews and simply signs it, so long as nothing else is pending.  Thoughts??

Best,

Jimmy

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47 minutes ago, Xtreme98 said:

No response to this! I guess i will keep waiting to see if they file anything else.

@Xtreme98, it is certainly up to Plaintiff to continue pursuing the case with a potential filing(s) -- likely more discovery, if anything.  Their other choice is to do nothing at all, which after one year of inactivity you file a motion to dismiss WITH prejudice for lack of prosecution.

The 'poking the bear' bit would be you perhaps filing a 'Second Motion to Compel Arbitration' -- much like the first one you filed, but with the additional knowledge that Plaintiff withdrew their MSJ on 'x' date.

There may be more options -- and welcome the forum members to opine.  If it were ME, I believe I'd wait to see if Plaintiff decides to make any more filings.  They've been so scramble-brained not remembering much of their own filing dates, it would not surprise me if they have already moved on to the 'lower hanging fruit' of defendants who don't answer initial complaints!

Good luck!

Jimmy

 

 

 

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Hope everyone is doing well with all the crazy that is happening in the world.

Just a follow up. Have not heard anything from them as of today. Its been 5 plus months and no response. I did get a letter from a different collection agency about the same debt with settlement options. I'm not sure what to make of it but i did not respond to them. Can anyone say if that's a cause for concern considering I'm already being sued for this debt?

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1 hour ago, Xtreme98 said:

Hope everyone is doing well with all the crazy that is happening in the world.

Just a follow up. Have not heard anything from them as of today. Its been 5 plus months and no response. I did get a letter from a different collection agency about the same dept with settlement options. I'm not sure what to make of it but i did not respond to them. Can anyone say if that's a cause for concern considering I'm already being sued for this debt?

My rule is whenever I hear from a collection agency, I send a DV letter.  Always.  Especially since there is already a suit.  

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On 7/2/2020 at 2:40 PM, BackFromTheDebt said:

My rule is whenever I hear from a collection agency, I send a DV letter.  Always.  Especially since there is already a suit.  

If I got a letter from a new collector on a debt already involved in a pending lawsuit, I'd already be browsing online for what to spend my $1000 on LOL

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On 7/6/2020 at 8:56 AM, Xtreme98 said:

@fisthardcheese So you are saying to not worry about it. I'm assuming they are trying to collect anyway possible at this point (outside of court).

 

No, you need to send the DV/dispute letter.  And find a consumer attorney to sue one or both of the CAs.  One CA suing you and another one trying to collect the same debt is a FDCPA violation.

Edited to add: the $1000 fist refers to is statutory damages, payable to you, for FCDPA violations.  They have to pay your attorney fees too

 

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Ok...So its been a full year since anything was filed with the court. What would i send to the judge asking for dismissal. 

Edit: I would like to ask for full dismissal with prejudice. Just not sure how the motion would read.

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On 2/8/2021 at 4:17 PM, Xtreme98 said:

Ok...So its been a full year since anything was filed with the court. What would i send to the judge asking for dismissal. 

Edit: I would like to ask for full dismissal with prejudice. Just not sure how the motion would read.

You need to look up your specific court's rules and see what they say about failure to proceed or other time lines allowed by the other side.  Also, courts may be much more lenient on those rules for 2020 due to the pandemic problems.  Every court has different rules as to how much time is required before you can motion to dismiss for failure to proceed or whatever they call it.  Your motion would need to cite the rule and show that the proper amount of time has expired under that rule and that because of this, the judge has the right to dismiss the case.

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Is it OK for them to contact me directly? I got a call yesterday and the lady said this is such and such with F&B and I instantly hung up. It worried me that they would be contacting me by phone so it was like oh $%*# and hung up.

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13 minutes ago, Xtreme98 said:

Is it OK for them to contact me directly? I got a call yesterday and the lady said this is such and such with F&B and I instantly hung up. It worried me that they would be contacting me by phone so it was like oh $%*# and hung up.

If you are in a court case defending yourself it is perfectly proper for the opposing attorney to contact you.  If you are represented by counsel then they must contact your attorney 

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OK so I have filed the Motion to Dismiss on the 30th of last month. However the wife and I are trying to refinance our home and the bank is asking me to remove the disputes from each credit bureau against this creditor. My question is do you think it would change anything at this point with the case? I'm not sure if the credit bureaus would notify the company or not.

 

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So i got a response back from the attorney. It states many specific things so i would rather keep it off the forum. I will send it via message though. Im just wondering if i should have just left it alone and let the court decide. I feel i may have stirred the pot refreshing the 14 months with no response.SMH right now. Basically it states that there was a medical procedure and that coronavirus is the cause of the late response. There are 4 lawyers in that office and it seems that one of the others would/could have taken some of the cases that were pending. Im sure that argument will get me no where though. They are asking for a Zoom trial and have asked for 2 possible dates.

 

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39 minutes ago, Xtreme98 said:

Basically it states that there was a medical procedure and that coronavirus is the cause of the late response.

Their personal problems are not yours.  I would aggressively defend my motion to dismiss for failure to prosecute.  Out of 4 attorneys in the firm ONE could have handled the matter and should have.

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Good morning,

AR Rule of Civil Procedure 41 is pretty clear on this and @Clydesmommakes a great point.  They failed to prosecute and the case should be dismissed.

Normally, the court will start this process; they did in my case.  The plaintiff failed to respond to the court notice, and the court dismissed my case.

I would reply back restating the main points of your motion to dismiss.  The plaintiff could have filed a motion with the court asking them to extend time due to the reasons (i.e. excuses) they state in the response, but did not do so. 

(b)Involuntary Dismissal. In any case in which there has been a failure of the plaintiff to comply with these rules or any order of court or in which there has been no action shown on the record for the past 12 months, the court shall cause notice to be mailed to the attorneys of record, and to any party not represented by an attorney, that the case will be dismissed for want of prosecution unless on a stated day application is made, upon a showing of good cause, to continue the case on the court's docket. A dismissal under this subdivision is without prejudice to a future action by the plaintiff unless the action has been previously dismissed, whether voluntarily or involuntarily, in which event such dismissal operates as an adjudication on the merits.

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1 hour ago, Xtreme98 said:

I wasn't going to post this but i think i will for a short time anyway. Just so i can see what everyone's thoughts are.

respone to motion to dismiss RED.pdf 1.1 MB · 7 downloads

I agree with @Clydesmom.  In addition, counsel’s medical leave ended a year ago.  No excuse.  Also, limitations on travel had no effect on filings by mail with the court. A motion to extend could have been filed by mail or electronically, if allowed.

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