shaggy813

No answer to MTC in Arkansas

Recommended Posts

So I have got this far reading posts here. My question has to do with the request for admissions and interrogatories.

Do I just object to all of the requests due to improper venue? Also they are beyond the time limit to answer my motion to compel. Can I file a motion to dismiss for failure to follow court rules?

I'm not sure if it was even a good idea to file the mtc other than delaying a judgement.

Edit to add: I was looking at the court website at all of documents filed and what they had scanned in. 

When they filed their request for admissions they request for interrogatories is not there. I know it could be a mistake by the clerk but if its not is there a reason they would send me a request without filing it?

 

Thanks for the help in advance.

 

 

MY ANSWERS TO THE STANDARD QUESTIONS:

1. Who is the named plaintiff in the suit?

Grassy Sprain Group

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

 Hosto Buchan

3. How much are you being sued for?

$16000

4. Who is the original creditor? (if not the Plaintiff)

Cross River Bank

5. How do you know you are being sued? (You were served, right?)

Served

6. How were you served? (Mail, In person, Notice on door)

Server

7. Was the service legal as required by your state?

Yes

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

None

9. What state and county do you live in?

Arkansas

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

Not sure, but within the last three years

11. What is the SOL on the debt?

6 yrs

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).  

Have received request for Interrogatories and Admissions after filing answer and then MTC.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

No

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? (listed below)

3 days

I know its not a lot of time. I have the requests answered both with objections due to venue and without. I started second guessing myself so I thought I would ask for help.

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

Affidavit and contract from OC

 

 

Share this post


Link to post
Share on other sites

I know this can be confusing - it sure confuse me when I went through it.

Did the Plaintiff send any response to your MTC; they are not required to do so, but they do have 10 days plus 3 days for mailing to file/serve a Response to your Motion. 

Since you can and should reserve the right to amend your discovery responses, I would reply with a blanket objection for lack of subject matter jurisdiction due to the existence of a valid arbitration clause and file/serve your responses on time.  I do not believe this will waive your right to arbitration in AR due to participating in discovery.

In AR court, both their Request for Admissions and your Responses to same must be notarized and filed/served with the Court/Plaintiff.  And they must be filed/served separately from any other response.

They don't have to file their Interrogatories with the Court; just serve them on you.  Most of these firms will file a notice with the court that they served you the Interrogatories but they don't have to file the actual Interrogatories with the Court.

Hope that helps

Share this post


Link to post
Share on other sites

No they have not responded to my MTC and it has been 19 days since I sent it. I also just noticed that they dated their request for admissions 2 weeks before they filed it and I did not get it for several days after they filed. 

Thanks.

Share this post


Link to post
Share on other sites

Update.

 

They never responded to the MTC and the case never moved at the court house. They sent me a new settlement offer that was close to what I could manage so I called them and negotiated it down to less than half of what they had filed for. So everything worked out I suppose.

Share this post


Link to post
Share on other sites
2 hours ago, shaggy813 said:

So everything worked out I suppose.

If you are happy with the outcome then it did work out.  Congratulations. You are the only one who decides if it worked out because you have to live with it.

  • Like 1

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.