Fred Hanna is suing me x 2 for a couple of Capital 1 cards I defaulted on, I got the first summons a couple of months ago and then crafted a beautiful answer & affirmative defenses thanks mostly in part to info from these forums!!
Two important things: 1) Our state court has a local rule that all civil cases (with some exceptions) are subject to alternative dispute resolution, i.e, arbitration.
(a) All civil actions, except those identified in Local Rule 26c, shall be referred by the Clerk to arbitration in accordance with this section subject to the right of any party to opt-out as provided hereafter in section 16.2.4. By not opting-out as provided in section 16.2.4, the court will presume that a party has freely and knowingly consented to the arbitration process. No party or attorney will be prejudiced by refusing to consent to arbitration.
In my answer I used the failure to pursue ADR as an affirmative defense. I had a lawyer look it over and she basically agreed that the case could probably be dismissed over that, but we did not talk in detail about it (mainly because it was a free consult).
Additionally, I sent a letter with my answer in which I informed Hanna that I was electing arbitration as per the card agreement.
Sooo.... a month or so later and I received "Request for Admission of Facts," "Request for Production of Documents and Notice to Produce to Defendant," and "Plaintiff's First Interrogatories to Defendant" in the mail. Mailman tried to deliver the same thing via Certified mail but I wasn't home, my husband did not sign for it and they just left me a note to pick it up at the P.O.
What happens if I just ignore the stuff I just received? Do I actually have to respond to it?
My intention is to file bankruptcy but I may not have enough money to get it done for a couple more months. I am in the process of filling out initial paperwork now though.
Thanks for the help!! This site has been a lifesaver...
Two important things: 1) Our state court has a local rule that all civil cases (with some exceptions) are subject to alternative dispute resolution, i.e, arbitration.
(a) All civil actions, except those identified in Local Rule 26c, shall be referred by the Clerk to arbitration in accordance with this section subject to the right of any party to opt-out as provided hereafter in section 16.2.4. By not opting-out as provided in section 16.2.4, the court will presume that a party has freely and knowingly consented to the arbitration process. No party or attorney will be prejudiced by refusing to consent to arbitration.
In my answer I used the failure to pursue ADR as an affirmative defense. I had a lawyer look it over and she basically agreed that the case could probably be dismissed over that, but we did not talk in detail about it (mainly because it was a free consult).
Additionally, I sent a letter with my answer in which I informed Hanna that I was electing arbitration as per the card agreement.
Sooo.... a month or so later and I received "Request for Admission of Facts," "Request for Production of Documents and Notice to Produce to Defendant," and "Plaintiff's First Interrogatories to Defendant" in the mail. Mailman tried to deliver the same thing via Certified mail but I wasn't home, my husband did not sign for it and they just left me a note to pick it up at the P.O.
What happens if I just ignore the stuff I just received? Do I actually have to respond to it?
My intention is to file bankruptcy but I may not have enough money to get it done for a couple more months. I am in the process of filling out initial paperwork now though.
Thanks for the help!! This site has been a lifesaver...
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