Vaness@

Absolute Resolutions Investment Lawsuit filed against me

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Ok I sent them email and gave them until Friday to respond/agree or not. 

I am getting ready to do the dismiss with prejudice, I found this template online, will this work? 

https://www.pdffiller.com/jsfiller-desk11/?requestHash=1e4b49e7089ed8fcc9e9fbdf5ce8586f07a8117c425064f567c4e7d02ebabe1f&et=l2f&projectId=562537758#7d94f8a6ee183887ed9918fc6a8a5eba

 

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Hello! Me again...

So emailed the JDB after received the JAMS instruction to pay for the $250 by next week to start case (JDB will have to pay $1500) 

Didn't hear from them... I called them, it's a collection calling center ... Someone called me back, she tried to talk numbers resolve and I told her I would not discuss anything other than the dismissal of case (the one they filed against me and the one I did with arbitration). She said she would not (even though she's not an attorney) because they can't dismiss the case amd the. If we don't reach an agreement, they would have to pay a filing fee again to refile! 

So now I have to pay $250 by next week to JAMS, unless there is another tactic I can utilize?... I want this over with! And I don't think these people know a thing... She claimed she did not receive any of my paperwork (MTC, arbitration etc) thank God I sent certified!!!! 

What can I do next? Thank you experts! Having you all makes me feel more in control! 

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3 hours ago, Vaness@ said:

Hello! Me again...

So emailed the JDB after received the JAMS instruction to pay for the $250 by next week to start case (JDB will have to pay $1500) 

Didn't hear from them... I called them, it's a collection calling center ... Someone called me back, she tried to talk numbers resolve and I told her I would not discuss anything other than the dismissal of case (the one they filed against me and the one I did with arbitration). She said she would not (even though she's not an attorney) because they can't dismiss the case amd the. If we don't reach an agreement, they would have to pay a filing fee again to refile! 

So now I have to pay $250 by next week to JAMS, unless there is another tactic I can utilize?... I want this over with! And I don't think these people know a thing... She claimed she did not receive any of my paperwork (MTC, arbitration etc) thank God I sent certified!!!! 

What can I do next? Thank you experts! Having you all makes me feel more in control! 

If they want to refile then do the same song and dance as you already have all over again. If your MTC was granted, and the JDB doesn't do their end of things with the arbitration then the Judge will probably sometime later from now dismiss for lack of prosecution. Was the call center you called the attorney for plaintiff, or the JDB itself?

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17 hours ago, Vaness@ said:

Hello! Me again...

So emailed the JDB after received the JAMS instruction to pay for the $250 by next week to start case (JDB will have to pay $1500) 

Didn't hear from them... I called them, it's a collection calling center ... Someone called me back, she tried to talk numbers resolve and I told her I would not discuss anything other than the dismissal of case (the one they filed against me and the one I did with arbitration). She said she would not (even though she's not an attorney) because they can't dismiss the case amd the. If we don't reach an agreement, they would have to pay a filing fee again to refile! 

So now I have to pay $250 by next week to JAMS, unless there is another tactic I can utilize?... I want this over with! And I don't think these people know a thing... She claimed she did not receive any of my paperwork (MTC, arbitration etc) thank God I sent certified!!!! 

What can I do next? Thank you experts! Having you all makes me feel more in control! 

Unless the court order specifies that the JDB must initiate, you may need to go ahead and pay the filing fee.  If the the JDB refuses to pay its share, and the arbitrator closes the case for the JDB’s failure to pay, see what your court rules say about sanctions for a failure to comply with a court order.  In some courts, the sanction against an offending plaintiff is a dismissal with prejudice.  

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Stop calling them and ESPECIALLY stop talking to anyone except the attorney listed on the lawsuit. 

Pay the $250 to JAMS as soon as you can.

Wait for JAMS to send them their second notice and new deadline to pay, then resend your mutual dismissal email to the attorney ONLY.  Again, talk to NO ONE ELSE.

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On 11/3/2020 at 4:53 PM, fisthardcheese said:

Stop calling them and ESPECIALLY stop talking to anyone except the attorney listed on the lawsuit. 

Pay the $250 to JAMS as soon as you can.

Wait for JAMS to send them their second notice and new deadline to pay, then resend your mutual dismissal email to the attorney ONLY.  Again, talk to NO ONE ELSE.

Ok, I will absolutely do this!  I do think I messed up because I tried to negotiate a settlement (the day before the fees were due) by calling their number and sent them an email but they rejected my offer and countered at a one time payment of $10,000.00!!!!! (the debt is $12,000) 

So they still haven't paid any fees, I am going to submit mine today... however, JAMS said that arbitration will not commence until all parties have paid their fees, so what If I pay my portion and they do not??  

Can I sent he mutual dismissal via mail certified? I believe the email I have is for their call center... 

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On 11/10/2020 at 1:52 PM, Vaness@ said:

Can I sent he mutual dismissal via mail certified?

Send it by any contact information you have for the attorney listed on the lawsuit.  You can often find their websites with google and then find an email address there too.

On 11/10/2020 at 1:52 PM, Vaness@ said:

what If I pay my portion and they do not??  

JAMS will give them plenty of chances to pay. If JAMS decides to close your case for non payment on their part, then you file a motion for sanctions with the court and use all of the emails from JAMS as proof that you paid and followed the court's order to arbitrate, but that the Plaintiff did not follow the court's order and you ask for a dismissal with prejudice.

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On 10/19/2020 at 10:06 AM, Vaness@ said:

Ok I sent them email and gave them until Friday to respond/agree or not. 

I am getting ready to do the dismiss with prejudice, I found this template online, will this work? 

https://www.pdffiller.com/jsfiller-desk11/?requestHash=1e4b49e7089ed8fcc9e9fbdf5ce8586f07a8117c425064f567c4e7d02ebabe1f&et=l2f&projectId=562537758#7d94f8a6ee183887ed9918fc6a8a5eba

 

Hi, can you copy & paste here your template? I can't open the link & really would like to view it. 

Thank you! 

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On 11/11/2020 at 10:33 PM, fisthardcheese said:

Send it by any contact information you have for the attorney listed on the lawsuit.  You can often find their websites with google and then find an email address there too.

JAMS will give them plenty of chances to pay. If JAMS decides to close your case for non payment on their part, then you file a motion for sanctions with the court and use all of the emails from JAMS as proof that you paid and followed the court's order to arbitrate, but that the Plaintiff did not follow the court's order and you ask for a dismissal with prejudice.

I paid the $250.00 filing fee and I just got JAMS 2nd email notice because they have not paid their share of filing fee.

JAMS rep asked if I had another form of contact for the JDB (I don't).  She just asked me if I could check the Florida Bar to see if they have another contact listed.  Should I get this for them if I find it? Or should I wait to see if they dismiss and I will proceed with filing a motion for sanctions with the court.  Should I do anything else in the meantime? 

Also, where can I find info on filing motion for sanction with the court? 

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IN THE COUNTY COURT OF THE _______ JUDICIAL CIRCUIT IN AND FOR _________ COUNTY, FLORIDA

Plaintiff(s) VS.

Case #:                                                            

Section:                     

Defendant(s)

NOTICE OF DISMISSAL

The undersigned party/parties to the above-styled suit do hereby show unto the Court as follows: (check one)

1.   That the indebtedness sued for has been fully paid and satisfied.

2.   That the parties hereto have come to an amicable settlement of the matters involved in this suit.

3.   That the plaintiff desires to withdraw the suit and proceed no further with prosecution thereof.

4.   Other:   

 
   

Wherefore, the undersigned party/parties hereby advise the Court that this suit is dismissed in the following manner: (check one)

1.   With prejudice, meaning that the suit may never be refiled or proceeded with in the future.

2.  Without prejudice, meaning that the suit may be refiled or proceeded with at a future date within the Statute of Limitations.

 

Dated:                                                                                                                                                 

Plaintiff(s) Signature CERTIFICATE OF SERVICE

I hereby certify that a copy hereof has been:      

sent by certified mail to the above-named defendant(s)     

            hand-delivered to the above-named defendant(s)                                                                                .

 

 

By:                                                       

Deputy Clerk

 

 

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On 12/1/2020 at 11:07 PM, Vaness@ said:

I paid the $250.00 filing fee and I just got JAMS 2nd email notice because they have not paid their share of filing fee.

JAMS rep asked if I had another form of contact for the JDB (I don't).  She just asked me if I could check the Florida Bar to see if they have another contact listed.  Should I get this for them if I find it? Or should I wait to see if they dismiss and I will proceed with filing a motion for sanctions with the court.  Should I do anything else in the meantime? 

Also, where can I find info on filing motion for sanction with the court? 

Call the court clerk's office and give them your case number. Ask them to give you the Attorney on record for the Plaintiff and if they have any contact information for that attorney.  Google the attorney if they can't provide an email or physical address.  If you can only find a phone number for the attorney, call them and let them know you are a defendant in a case filed by them and would like the attorney's email address to send information about the case.  They SHOULD give it to you, or at minimum an address to send mail.

Don't focus too much on the sanctions part yet.  That is the least likely scenario and quite a ways off for now still.  However, you would file it as any other motion, so you follow the same rules as any motion you file with your court.

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On 12/6/2020 at 4:15 PM, fisthardcheese said:

Call the court clerk's office and give them your case number. Ask them to give you the Attorney on record for the Plaintiff and if they have any contact information for that attorney.  Google the attorney if they can't provide an email or physical address.  If you can only find a phone number for the attorney, call them and let them know you are a defendant in a case filed by them and would like the attorney's email address to send information about the case.  They SHOULD give it to you, or at minimum an address to send mail.

Don't focus too much on the sanctions part yet.  That is the least likely scenario and quite a ways off for now still.  However, you would file it as any other motion, so you follow the same rules as any motion you file with your court.

Happy New Year to all!!!! 

Still waiting on the Respondent to pay.  JAMS has contacted several times - the attorney they have on record is no longer with the debt company... JAMS has sent them a notice and several emails.  I believe they are getting them because they keep emailing me to settle the debt - so I think they dont want to pay the $1500!  So I guess for now I am on a standstill... waiting to see if JAMS closes the case and then I can file the motion to dismiss with prejudice.  Any other way to expedite this? 

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