Sincetel

Help with Discovery?

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23 minutes ago, Sincetel said:

Here's the latest update..what to expect now?

You wait.  They should refuse to arbitrate by not paying the fees.  Typically their attorney comes back and asks what you want to make it go away.  Your answer is "mutual walk away and they delete their trade line."  They will agree.  If they don't approach you then you do nothing unless they try to return to court.  You defend that attempt by showing the court they refused their order to arbitrate and are not entitled to the court's assistance and another chance at a lawsuit.  

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2 hours ago, Clydesmom said:
 
 

You wait.  They should refuse to arbitrate by not paying the fees.  Typically their attorney comes back and asks what you want to make it go away.  Your answer is "mutual walk away and they delete their trade line."  They will agree.  If they don't approach you then you do nothing unless they try to return to court.  You defend that attempt by showing the court they refused their order to arbitrate and are not entitled to the court's assistance and another chance at a lawsuit.  

Awesome, thank you. How about on my credit report? Is this something I can negotiate or does it just stay as an open debt on the cr? Or is this what you meant they come back and as what I want to make it go away?

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Unless the JDB appeals (which is unlikely), it's over.  You have prevailed.  Congratulations.

Don't withdraw the arb, though.  What will probably happen there, is the JDB will be billed by AAA, the JDB won't pay, and AAA will dismiss the case for their lack of payment.  Keep all the paperwork in case they (or a subsequent JDB) tries again in court.  The probably won't, but it's best to have proof that they have failed to pursue arbitration.

 

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