Jump to content

Absolute Resolutions Investment Lawsuit filed against me


Vaness@
 Share

Recommended Posts

5 hours ago, BV80 said:

Just a note to clarify:  Dismissal with prejudice by the court is normally considered a sanction for disobeying a court order.  Requesting a refund of the fee would be an additional sanction.   The OP needs to include the specific court rule for involuntary dismissal.  

I don't care to drag this on for $250 honestly, I just want to get my dismissal with prejudice and be done with them!

So anyone have a template on how to do this?....

Link to comment
Share on other sites

  • 2 months later...

It is not too late to file a Motion for Dismissal with Prejudice. 
 

What that letter means is the Plaintiff has a new attorney. 
 

That might be bad for you, because the old attorney likely would not have contested a dismissal with prejudice.  
 

The new attorney might.  
 

File the same motion, and copy the new attorney.  Your argument that they disobeyed the court order by not responding to your arbitration case still stands.  
 

The new attorney might get the fees paid right away and object to your motion.  Or maybe not.  
 

Has the case been formally closed by the arbitration forum?  If so, you essentially have the argument that they lost in arbitration by default and thus the case should be dismissed with prejudice.  That is hard to answer.  

  • Thanks 1
Link to comment
Share on other sites

2 minutes ago, Vaness@ said:

I got an email from JAMS stating they will do so but never did. I sent her an email formally requesting it. I will work on filing the morning w prejudice.  I'm going to look for a template online, Do you have one you can share?

I never filed one. Others may have suggestions. 
 

Since the case was never closed, I don’t know if you should file the MTD right now.  There is a chance you will awaken the new attorney and they will contact JAMS as soon as you file a motion.  A lot of it depends on whether they have noticed JAMS as to whether they are the née attorney or not.  It is possible that JAMS will continue to try to get the old attorney to pay, and the old attorney will just do nothing. 
 

It is a risk, but I would be inclined to lie low for a while and see what happens.  

Link to comment
Share on other sites

That is your choice.  
 

I tend to let sleeping dogs lie. My inclination would be to wait a little while to see how the new law firm intends to play this. 
 

If you had known, the best time to file would have been a few weeks ago.  
 

In a few weeks you have the argument that the new attorney could have answered in JAMS but failed to do so. 
 

I, personally, would wait until JAMS closed the case.  

  • Thanks 1
Link to comment
Share on other sites

So sorry to be so annoying but this is a step by step as I go...

I received another letter, certificate of service notifying me of new counsel. I was never even notified of the previous counsel, as the one that filed was not the one in this paperwork listed as previous... But it is the same email and JAMS did send emails to this address listed. 

So should I just leave it be or file a motion? The motion to initiate arbitration was granted by court Aug 18th 2020. I understand in Florida a case can be automatically dismissed w prejudice after 1 year? Is that right?...

 

Link to comment
Share on other sites

You should remove the attachment because it has your full name. 
 

If a case can be automatically dismissed after a year, wait until a year after the motion was granted to even think of it. 
 

Here is the bad news.  When it is attorney vs pro se, the attorney is given a lot more leeway than the pro se.  There was another poster in Arkansas where the judge didn’t dismiss even after 15 months. 
 

Also, JAMS is slow to close the case is there is any possibility of getting paid by the creditors. 
 

In other words, the judge probably won’t dismiss the case now.  At some point after 12 months the judge may review old cases and dismiss this one. That would probably be without prejudice. 
 

 If they never the JAMS fee, you are in a better position.  At some point JAMS will finally close the case.  As soon as that happens, file a motion to dismiss with prejudice as a sanction for them disobeying a court order to arbitrate.  

  • Thanks 1
Link to comment
Share on other sites

I have an email from JAMS where they said case was closed. I haven't received official letter but I have the email. They never paid their JAMS fee, I did but they did not. JAMS sent several emails with the invoice of $1500 but they just ignores, howevee, days after received their invoice from JAMS, they emailed me asking to make a payment... from the same email JAMS was trying to connect with them.

Ugh, I hope this All just goes away.... So I'll hold for now... Thanks for the valuable info. Always thankful.

Link to comment
Share on other sites

1 hour ago, Vaness@ said:

I have an email from JAMS where they said case was closed. I haven't received official letter but I have the email. They never paid their JAMS fee, I did but they did not. JAMS sent several emails with the invoice of $1500 but they just ignores, howevee, days after received their invoice from JAMS, they emailed me asking to make a payment... from the same email JAMS was trying to connect with them.

Ugh, I hope this All just goes away.... So I'll hold for now... Thanks for the valuable info. Always thankful.

I think the time for waiting is over.  
 

Call or email whoever it was in JAMS who sent you that email.  See if they have mailed the letter yet; if not politely ask them to mail an official letter ASAP. 
 

While you are waiting for the letter, start work on a MTD with prejudice as a sanction for them disobeying the court order to arbitrate   It would be good to also enclose a proposed order the judge just has to sign and mail out  

Make two copies of the MTD  and at least 4 copies of the proposed order  

Make two copies of the letter from JAMS. 
 

Mail the court a copy of the MTD, 3 copies of the proposed order, and a copy of the letter from JAMS. 
 

Mail one copy each to the lawyer. 
 

Find out what the procedure is for hearings in your court.  Do they schedule it, or do you have to schedule it?  Anyway, if the lawyer doesn’t object within a certain time, in some jurisdictions the judge will just sign the order. 

  • Like 1
Link to comment
Share on other sites

  • 2 months later...

Hello :)

This is still ongoing... between Covid and nerves and waiting, I have started to draft the Notice of dismissal with prejudice. In summary, Court granted Arbitration thru JAMS a year ago (August 18), I paid dues with JAMS Nov 30th. JAMS emailed JDB several times with no response.  in 2 occasions, the JDB emailed me with account information to try to settle, it was a 'generic' email but nonetheless, proves they are getting the emails on that email where JAMS tried contacting them, which also proves they completely ignored the court's ruling on Arbitration. 

I am completely blocked on how to proceed, how to write the body of the DWP.  The new attorney filed a change in attorney thru the court, so they must know there is an order of Arbitration, however, they are still contacting me and not JAMS. they sent me an email on August 24th trying to reinstate the debt, is my guess.  I'll attach the letter is below on a screenshot.  I have all the tabs open and I'm ready to do this!  I printed all the emails from JAMS to previous attorney and have the certified envelops ready... CAN YOU GUYS HELP? @fisthardcheese @BackFromTheDebt @BV80

Thank you sooo much!  #anxietysucks! 

Link to comment
Share on other sites

2 minutes ago, HueyPilot said:

@BV80'

Is there not a recourse for sending a collection letter once a legal action is in Court and a law suit initiated even with arbitration in process. The Court is at stay and not dismissed? 

I would think so, right? They are in violation of the court of they are the new atty representative of the JDB...

They sued me, I was granted arbitration and they never paid the fee, and then they got a new representative atty and sent me another letter to certify the debt.

I just don't know if I should file or not... I'm in Florida btw... The court granted arbitration over a year ago!

 

 

Link to comment
Share on other sites

2 hours ago, Vaness@ said:

I would think so, right? They are in violation of the court of they are the new atty representative of the JDB...

They sued me, I was granted arbitration and they never paid the fee, and then they got a new representative atty and sent me another letter to certify the debt.

I just don't know if I should file or not... I'm in Florida btw... The court granted arbitration over a year ago!

 

 

They did not violate the law.  They simply informed you that the creditor assigned the account to them.  That was actually the proper thing for them to do since they are now representing the creditor,  They also mentioned that the account is already in litigation.

I think they included the 30-day notice to protect themselves.  

Link to comment
Share on other sites

2 hours ago, HueyPilot said:

@BV80'

Is there not a recourse for sending a collection letter once a legal action is in Court and a law suit initiated even with arbitration in process. The Court is at stay and not dismissed? 

The letter was more informational rather than an attempt to collect a debt.  When there is a change of attorney/law firm, the new attorney/law firm is supposed to inform the other party of the change.

Attorneys try to settle all the time, even during litigation.   There is nothing improper about it.  It is expected for parties to communicate with each other to try to resolve issues.

Link to comment
Share on other sites

2 hours ago, BackFromTheDebt said:

I am not so certain this is a violation. 
 

It basically says they are the new law firm for the case.  
 

If this is still within the 30 days, I would immediately send a DV letter just to gum up the wheels a bit. 
 

Now. The big question:

Did JAMS close the case for non payment yet?

I have an email from JAMS saying they are closing the case back in April 2021 but no letter :(

Link to comment
Share on other sites

2 hours ago, BackFromTheDebt said:

I am not so certain this is a violation. 
 

It basically says they are the new law firm for the case.  
 

If this is still within the 30 days, I would immediately send a DV letter just to gum up the wheels a bit. 
 

Now. The big question:

Did JAMS close the case for non payment yet?

What is a DV letter?

Link to comment
Share on other sites

DV = Debt Verification 

She has 30 days, to send DV letter right. So first she needs to get letter from JAMS, then she should send DV letter so they have to stop litigation efforts. Then next day file Motion to Dismiss.  The law firm cannot respond to motion to dismiss before they validate the debt correct. IDK how many days to respond to motion in FL but it will be fun making them rush to send out Validation in time to respond to motion to dismiss.  Just a thought.

Link to comment
Share on other sites

6 hours ago, Bulldoger said:

DV = Debt Verification 

She has 30 days, to send DV letter right. So first she needs to get letter from JAMS, then she should send DV letter so they have to stop litigation efforts. Then next day file Motion to Dismiss.  The law firm cannot respond to motion to dismiss before they validate the debt correct. IDK how many days to respond to motion in FL but it will be fun making them rush to send out Validation in time to respond to motion to dismiss.  Just a thought.

That is about what I was thinking, except the OP got the letter about a month ago so I don’t know if this is still within the 30 days or very close to the end. 
 

In any case, getting the letter from JAMS is important for filing a MTD

Link to comment
Share on other sites

6 hours ago, Bulldoger said:

DV = Debt Verification 

She has 30 days, to send DV letter right. So first she needs to get letter from JAMS, then she should send DV letter so they have to stop litigation efforts. Then next day file Motion to Dismiss.  The law firm cannot respond to motion to dismiss before they validate the debt correct. IDK how many days to respond to motion in FL but it will be fun making them rush to send out Validation in time to respond to motion to dismiss.  Just a thought.

That is not necessarily true.  It would have to be shown that responding to a request made to the court (MTD) is a continued collection effort with a consumer. This would be especially important in light of the Supreme Court’s ruling in Spokeo v. Robins.

 

Link to comment
Share on other sites

Whatever the situation is -- the OP needs to get a letter from JAMS saying the case has been closed due to nonpayment by the creditor.  

Once she has that, she can file an MTD.

It doesn't really matter what the new lawyer does.  By the time of the hearing, the JAMS case will have been closed for 6 months.  

  • Like 1
Link to comment
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.

 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.