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Absolute Resolutions Investment Lawsuit filed against me


Vaness@
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Today would make the 30 day mark since they sent that letter. It is dated 8/24/2021 however I didn't receive it until a week after! 

So what should I do? I only have an email saying due to non payment the case will be closed and numerous emails that JAMS contacted the jdb. but I don't have an official letter per se. 

Can I email the new attorney with a DV letter? (And where can I find a template to go off of?)

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18 minutes ago, Vaness@ said:

Today would make the 30 day mark since they sent that letter. It is dated 8/24/2021 however I didn't receive it until a week after! 

So what should I do? I only have an email saying due to non payment the case will be closed and numerous emails that JAMS contacted the jdb. but I don't have an official letter per se. 

Can I email the new attorney with a DV letter? (And where can I find a template to go off of?)

You don’t need a template.  Just include the account number in your letter header and write “I dispute the above-referenced account and request validation.”  

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58 minutes ago, Vaness@ said:

Ok doing that now. Should I email or send via certified? 

Should I go ahead and do the MTD with prejudice? Or wait?

I would send it by certified mail, return receipt requested.  As far as the MTD is concerned, let’s see what @BackFromTheDebtadvises.

Here’s an example of a DV letter.

Your name. 
Address    
City, State

Date

Law firm    
Address    
City, State

Debt collector account number (or whatever they referenced in the letter)

To whom it may concern:

I dispute the above-referenced debt and demand validation.

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2 hours ago, Vaness@ said:

Ok perfect! Drafting now. And sending certified today. 

Good. 
 

Note to onlookers and lurkers:

We normally don’t recommend sending a DV letter once the case is in court.  This is a special case because it is a new law firm. At worst this does nothing. At best the new law firm will have trouble verifying the debt and will waste time while the OP does some important things with JAMS, especially getting a letter saying the case is closed (assuming they really did close the case.  If not, that changes the strategy a bit. )

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I have a predicament and dont know which option is best... The address on teh document is a PO box is it best to send it via email? you can't send certified letters to P.O boxes!  I called, didnt give my name but wanted to get an address so I got one, but now i'm doubting if its better via e-mail? AAAhhh!!!! 

BTW, I just got the letter from JAMS officially closing the case!

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This is what I have, I have 2 options: Should I go for the more detailed one??

#1 

To whom it may concern:

 

I am responding to the letter you sent to me via MAIL, dated 08/24/2021, about a debt you are trying to collect.  I dispute the above-referenced debt and demand validation.

Sincerely,

___________________

#2  To whom it may concern:

 I am responding to the letter you sent to me via MAIL, dated 08/24/2021, about a debt you are trying to collect.  I dispute the above-referenced debt and demand validation.

 Please provide the following:

•        Agreement with your client that grants you the authority to collect on this alleged debt.

•        Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor.

•        Any insurance claims been made by any creditor regarding this account.

•        Any Judgments obtained by any creditor regarding this account.

•        Name and address of alleged creditor.

•        Name on file of alleged debtor.

•        Alleged account number.

•        Address on file for alleged debtor.

•        Amount of alleged debt.

•        Date this alleged debt became payable.

•        Date of original charge off or delinquency.

•        Verification that this debt was assigned or sold to collector.

•        Complete accounting of alleged debt.

·         The amount and age of the debt, including:

o   A copy of the last billing statement sent to me by the original creditor.

o   State the amount of the debt when you obtained it, and when that was.

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9 minutes ago, Vaness@ said:

Jezzz, I'm a ball of nerves today... I sent Option 1. and I went ahead and sent to the address... Pray for me! I need this behind me... 

You did the right thing in sending option 1 because they are not required to provide what is requested in option 2 in order to validate a debt.

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1 hour ago, Vaness@ said:

I have a predicament and dont know which option is best... The address on teh document is a PO box is it best to send it via email? you can't send certified letters to P.O boxes!  I called, didnt give my name but wanted to get an address so I got one, but now i'm doubting if its better via e-mail? AAAhhh!!!! 

BTW, I just got the letter from JAMS officially closing the case!

Since JAMS closed the case, this is the perfect time to file a MTD.  As in right away.  
 

The point being the court ordered arbitration, they failed to comply with the court order, and the case was close making it impossible for you to pursue arbitration.  Thus, the case should be dismissed with prejudice as a sanction. 
 

The DV letter may or may not complicate matters for the new law firm.  

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Ok perfect, I have the MTD already started.  The arguing point is as you stated they failed to comply with the court order, and the case was close making it impossible for you to pursue arbitration.  Thus, the case should be dismissed with prejudice as a sanction.  What I don't want to happen is for them to say that it was the previous attorney that neglected to pay etc etc. blah blah! and then go again! 

I'll file the MTD on Monday at the court.  Man, what would I do without you all!??!?! so grateful right now!

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They may make that argument. 
 

If so, point out you waited over a month after the new attorney took over before filing the MTD. They had ample time to fix the situation, but didn’t. 
 

If they say they didn’t know about arbitration, point out they could have read the case file during that month. 

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1 hour ago, BV80 said:

@BackFromTheDebt

@Vaness@

I’m not sure the new attorney can make the argument that the previous attorney neglected to pay the arbitration fees.  The attorneys don’t pay the fees.  The plaintiff does.  In MTD, your argument is that the plaintiff failed to pay.

This is true. 

Also very important.  

if for some reason the new attorney claims the failure to pay was due to malfeasance on the part of the old attorney, that is when the argument that the new attorney had over a month to clean up the mess comes in.  

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  • 4 weeks later...

Hello! Ok I finally did it. CAN YOU GUYS GIVE ME SOME FEEDBACK? I AM READY TO FILE TOMORROW~ AS ALWAYS, THANK YOU THANK YOU THANK YOU!!!!!!!!!!!!!!!!!

IN THE CIRCUIT COURT OF THE _______________, IN AND FOR _________COUNTY, __

                                                                                       

                                                            Case No.: ___________________                                                             

ABS INVESTMENTS, LLC.,

Plaintiff.

vs.

ME,

 Defendant,

                                               /

COME NOW the Defendant, V, Files a Motion To Dismiss With Prejudice Under the Following Terms: Plaintiff’s Failure To Comply with Judge’s Court Order States as Follows:

 

1.               Plaintiff Filed a Lawsuit against Defendant on 07/22/2020. 

2.               Order to Compel Private/ Contractual Arbitration and Stay The Case Pending Arbitration was Granted by Judge Gabrielle N. Sanders-Morency on August 18, 2020.

3.               Defendant Complied with The Court’s Order and Paid The Arbitration Fee To Commence Arbitration November 30, 2020.

4.               JAMS Case Manager Contacted Plaintiff’s Attorney Recurrently with No Response.

5.               December 23, 2020, Plaintiff’s Representing Attorney Andreu & Palma Sent an Email To Defendant Asking Contact To Discuss and Resolve.  Neglectfully Bypassing The Judge’s and Court’s Order, and Neglecting Countless JAMS Request To Commence Arbitration.   

6.               JAMS Case Manager Continued To Notify Defendant To Pay the Arbitration Fee, Without Success.

7.               After Exhausting Contact, JAMS Enforced Their Rules and Closed The Case. Section 6 (c) If, at any time, any Party has failed to pay fees or expenses in full, JAMS may order the suspension or termination of the proceedings.

Respectfully submitted,

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I would add exhibits proving your statements listed. 

here is law Fl. law on  motions. my guess you know what to do as you filed MTC. 

Fla. R. Civ. P. 1.420(b)
(b) Involuntary Dismissal. Any party may move for dismissal of an action or of any claim against that party for failure of an adverse party to comply with these rules or any order of court. Notice of hearing on the motion shall be served as required under rule 1.090(d)... 
As amended through August 26, 2021
Rule 1.090 - TIME
(d)For Motions. A copy of any written motion which may not be heard ex parte and a copy of the notice of the hearing thereof shall be served a reasonable time before the time specified for the hearing.

 

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Yes, I have all the emails from JAMS to myself and plaintiff, and the case closed from JAMS. how do I cite those? Say exhibit A, B etc? 

Thanks for the above, should I add this to the points as another point of dismissal?

And no, this is my first go at this, and I have gotten this far with the amazing help of ALL OF YOU! I would be lost and a ball of anxiety and angst if it wasn't for all the kind people in this forum! 

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8 hours ago, Vaness@ said:

Should I cite the above "Fla. R. Civ. P. 1.420(b)

(b) Involuntary Dismissal. Any party may move for dismissal of an action or of any claim against that.." in one of my points?...

I would include it.  Just a note:  For #7 of your MTD, I would include the date JAMS closed the case and also clarify that Section 6(c) is a JAMS rule.  For instance, 

 

After Exhausting Contact, JAMS Enforced Section 6(c) of its Rules and Closed The Case on ___________ (date). Section 6(c):  If, at any time, any Party has failed to pay fees or expenses in full, JAMS may order the suspension or termination of the proceedings.

 

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Ok, final draft?  I think its ready?... (goodness I'm so nervous...) 

COME NOW the Defendant, _________, Files a Motion To Dismiss With Prejudice Under Fla. R. Civ. P. 1.420(b)
(b) Involuntary Dismissal. Any party may move for dismissal of an action or of any claim against that party for failure of an adverse party to comply with these rules or any order of court. Notice of hearing on the motion shall be served as required under rule 1.090(d) As amended through August 26, 2021
Rule 1.090 - TIME
(d)For Motions. A copy of any written motion which may not be heard ex parte and a copy of the notice of the hearing thereof shall be served a reasonable time before the time specified for the hearing.

 Plaintiff’s Failure To Comply with Judge’s Court Order States as Follows:

1.                Plaintiff Filed a Lawsuit against Defendant on 07/22/2020. 

2.                Order to Compel Private/ Contractual Arbitration and Stay The Case Pending Arbitration was Granted by Judge Gabrielle N. Sanders-Morency on August ______. Exhibit A. 

3.                Defendant Complied with The Court’s Order and Paid The Arbitration Fee To Commence Arbitration November 30, 2020.  Exhibit B.

4.                JAMS Case Manager Contacted Plaintiff’s Attorney Recurrently with No Response (October 15, 2020, October 29, 2020, November 10, 2020, November 24, 2020, December 1, 2020, December 8, 2020; January 5, 2021; March 24, 2021). Exhibit C.

5.                December 23, 2020, Plaintiff’s Representing Firm Andreu & Palma Sent an Email To Defendant From The Same Email Address All JAMS Emails Had Been Sent To,  help@__________, Asking Defendant To Contact Firm To Discuss and Resolve.  Neglectfully Bypassing The Judge’s and Court’s Order, and Neglecting Countless JAMS Request To Commence Arbitration.   Exhibit D.

6.               After Exhausting Contact, JAMS Case Manager Advised Case Would Be Closed The Following Week After April 15, 2021, Exhibit E. Having To Enforce Section 6(c) of its Rules, Section 6(c):  If, at any time, any Party has failed to pay fees or expenses in full, JAMS may order the suspension or termination of the proceedings.

7.               Defendant Contacted JAMS For Update and Was Provided an Email Confirmation Stating JAMS Case Is Closed September 2, 2021.  Exhibit F.

Respectfully submitted,

 

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