frenchtoast

Sued by Cavalry, trying arbitration

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2 minutes ago, Harry Seaward said:
 

Most jurisdictions allow the filing party to respond once to the opposing party before the matter is 'at issue' with the court. 

Technically plaintiff is correct that the matter had been stayed because of your MTC, but a.) you could not initiate arb because you had not received the court's blessing, and b) plaintiff themselves apparently didn't recognize the stay as evidenced by their filing of an MSJ amid your outstanding MtC.

Ok. I'm going to try to file a response. I just assumed because the Trial Court rule on the Motion to Correct Error only states a timeline for the initial reply, but nothing for an additional reply, that I couldn't reply, but I'll get one started. 

In their response, they even added a copy of the credit card agreement that I included with my MTC, so obviously they are not disputing that it's the correct agreement. And according to 34-57-2-3(a), when a party refuses to arbitration(clearly they are), the court must compel arbitration. So clearly I can't do anything until the court tells me that I can. 

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1 hour ago, frenchtoast said:

So, I filed my Motion to Correct Error, basically citing the above referenced statute and stating that all proceedings should have been stayed until the court either denied or compelled arbitration. The plaintiff responded and stated that the case was stayed due to my MTC, and that I did not properly invoke arbitration. They stated I failed to contact an arbitration firm and that my inaction does not indefinitely stay the case.

How do the courts look at this? I feel like it would have been unwise of me to start the Arbitration process without an order from the court compelling arbitration. I could have spent the $250 initial fee for arbitration, and the court then subsequently denies the motion, and I'm out of that cost. Maybe I'm wrong in this?  

I don't believe I can reply to their opposition of my Motion to Correct Error. 

I know nothing about Indiana law.  However, I have a citi card I'm currently defending, it states that I initiate arbitration by submitting a motion to compel to the courts and/or filing with AAA and paying filing fee.  See what your CC agreement says specifically about invoking arb.  If it's something like mine, you can use that as an argument that you did file properly.

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