Rocket11 Posted June 15, 2022 Report Share Posted June 15, 2022 Debt lawsuit, judge sent me a mediation order. It was scheduled as a virtual mediation meeting on Zoom, and the other party didn't show up. Should I file a Motion to Dismiss Lawsuit? Motion for Sanctions? Should I add a reference to Rule 16. Sanctions? Thank you for your advice. Quote Link to comment Share on other sites More sharing options...
Bulldoger Posted June 15, 2022 Report Share Posted June 15, 2022 Are you in district or county court or small claims. where are you in suit have you filed for arbitration or discovery? If you came with an attorney he should file for reimbursement for his cost. IDK what you should file but I would start by calling opposing party and ask why they didn't attend. Are they dismissing case? Did they have technical problems, medical emergency, lots of reasons why judge would overlook missing first mediation meeting. Have them file a motion to reschedule. At most I would think judge would warn the opposing party that they will sanction and/or dismiss if they miss the rescheduled mediation. I don't know CO specific laws you mention rule 16. You can always file a motion at least it will bring it up before the judge they did not show but I would also think the mediator will do that for you in thier report. VA has mediation but I always petition not to participate maybe they did that. Maybe someone here from Colorado knows more. Quote Link to comment Share on other sites More sharing options...
Rocket11 Posted June 15, 2022 Author Report Share Posted June 15, 2022 Thank you for you prompt reply Bulldoger. Regarding your question: county court. I talked to the opposing party and they said "the mediator was busy with other meetings." They then mentioned other dates and asked me if I agree to reschedule it. I told them that I refuse to reschedule it. It's ironic that they are the ones who asked for mediation. They also sent me warning messages saying that if I didn't show up they would get a default judgement. Another fact: the mediation order notified me to contact them by email regarding details about the virtual meeting. I sent them 24 emails, no response. Lawsuit current state: pre-trial conference, I haven't filed for arbitration or discovery. Quote Link to comment Share on other sites More sharing options...
Bulldoger Posted June 15, 2022 Report Share Posted June 15, 2022 40 minutes ago, Rocket11 said: I told them that I refuse to reschedule it. Did you check you can do this. It looks to me you are refusing an outstanding court order you may have just gave PLaintiff reason for motion for default judgement. Be prepared to tell judge a good reason why you will not reschedule FYI the fact they did not attend first meeting is not a good answer. . 40 minutes ago, Rocket11 said: Lawsuit current state: pre-trial conference, You said mediation not pretrial conference? If you are at pre-trial conference, your past Motion to Arbitrate or Discovery. 40 minutes ago, Rocket11 said: I haven't filed for arbitration or discovery. No specifics on your case given, Are you up against an Original Creditor (OC), Assignee for OC or Debt Buyer? Is amount more than $7,500 dollars? If not have you read your arbitration contract? does it have a small claims provision? If you want us to help you need to give out more information. 1. Who is the named plaintiff in the suit? 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint. 3. How much are you being sued for? 4. Who is the original creditor? (if not the Plaintiff) 5. How do you know you are being sued? (You were served, right?) 6. How were you served? (Mail, In person, Notice on door) 7. Was the service legal as required by your state? 8. What was your correspondence (if any) with the people suing you before you think you were being sued? 9. What state and county do you live in? 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 11. When did you open the account (looking to establish what card agreement may be applicable)? 12. What is the SOL on the debt? 13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). 16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. 18. How did you find out about this site? Quote Link to comment Share on other sites More sharing options...
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