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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Well I guess I will just wait and see what happens. I just want to say how thankful I am for everyones help. I know its not over but this community is great.

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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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Thanks Jimmy. Just gonna put it on the back burner and let it simmer for a while. Maybe they will move on and i can rid myself of this awful mess. Thanks again to everyone who has got me this far.

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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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