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MCT granted, JDB is refusing to participate!


FrankinVA
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I’m in a situation similar to @Sgrady. My MTC with AAA was granted and the JDB is just refusing to communicate or participate in arbitration. Initially, they did not show up to the MTC hearing and no response to initial letter, arbitration demand, or initial request from AAA to submit payment. Following their payment deadline, JDB sent a short email to AAA (and cc me) saying they will not be participating in the arbitration. I replied that it was court ordered, and they finally responded that they could not discuss this matter with me as I was represented by counsel, to which I replied I was pro se. They never responded and they know I am pro se, so not sure what is going on with them. 
Any advice on what I should do next, if anything at all. Also, what happens that they are refusing to participate in arbitration, especially as the arbitration clause is from the Bill of Particulars they submitted. Thanks

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In a nutshell, you won.   This is you with a 14 point lead with under two minutes in the 4 th quarter, first down and possession of the ball and the other team has no time outs, and they put in their bench warmers who are essentially just standing around. You haven’t officially won yet but you can’t lose unless you do something really stupid   

They won’t arbitrate and they can’t proceed in court without arbitration   So they can’t win  

Save all of your correspondence just in case. 
 

I had a similar  case where the other side ignored arbitration.  Finally the judge dismissed the case without prejudice before JAMS closed the case and the law firm did not object.  When JAMS later closed the case they were boxed in and couldn’t sue again, so I won. 
 

Otherwise, when AAA formally closes the case,  you act. 
 

At that point file a motion to dismiss the case with prejudice as a sanction for the plaintiff refusing to obey a court order.  Send in a printout of their refusal to participate in arbitration along with a letter from AAA saying the case is closed.  
 

Either way you win. 

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I believe so.  I found the definition below online.  It appears to be what we call in AR a dismissal without prejuidice

Simply stated, a nonsuit is a voluntary withdrawal or dismissal of a lawsuit by the party that filed it that allows the party to bring a second suit on the same cause of action. (See Simply stated, a nonsuit is a voluntary withdrawal or dismissal of a lawsuit by the party that filed it that allows the party to bring a second suit on the same cause of action. (See Va. Code § 8.01-380))

The Virigina code is located at https://law.lis.virginia.gov/

Not sure if they would refile; that depends on where you are in the SOL.  If they do, you know exactly how to respond and to file the MTC again.

Congratulations!

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2 hours ago, FrankinVA said:

Update: got a letter from JDB requesting the court to non suit the case. Is is a dismissal? 

This is a dismissal without prejudice. They cannot refile because the the case itself is over 10 years old so this is it.

One thing I would do is contact the CRAs and have them remove this from your credit file since the judgement has been vacated and the case has now ended.

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