Nona

Sent in my general denial and now the lawyer has responded with a letter of interrogation questions for me to answer

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So I was served back in July. I filed my general denial and a court date is set for December. However, today I received a packet of interrogation letter of questions that I need to answer. What should I do? Answer and mail it back or start my MTC? 

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If you want to use arb, file the MTC asap and do not answer their discovery. Answering it could waive your arb rights. But, you can't just ignore it either.  You need to object to all of their discovery, on the grounds that arb has been elected, there is a jurisdictional motion pending before the court, and the scope of discovery will be determined by the arb forum.

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On 10/10/2020 at 2:44 PM, nobk4me said:

If you want to use arb, file the MTC asap and do not answer their discovery. Answering it could waive your arb rights. But, you can't just ignore it either.  You need to object to all of their discovery, on the grounds that arb has been elected, there is a jurisdictional motion pending before the court, and the scope of discovery will be determined by the arb forum.

Thank you. Okay, so I’ll file the MTC tomorrow. As for the discovery, how do I answer that? Should I answer question for question or just write a short paragraph stating that “arb has been elected and jurisdictional motion is pending before the court”? And then send it off to the lawyer?

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