Vaness@

Absolute Resolutions Investment Lawsuit filed against me

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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?....

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Hello ! Me again! 

I got this from the junk debt buyers however, the judge had granted me arbitration and they never responded... Is it too late to file the dismissal with prejudice??? Help!!! 

 

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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.  

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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?

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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.  

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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.  

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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?...

 

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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.  

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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.

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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. 

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