Quader I received my summons/complaint on the 14th.
So should I file my answer and my MTC arb the same day or do I have to wait? And I've been reading on other threads about a certificate of service, is that something I should include when I file my answer? I just keep reading and I keep getting confused on what I should do and what forms to file ! I know everyones situation is diff and not to just copy and paste. I'm not sure that I'm doing this the right way. Can I email you what I have so far??
Basically, a Certificate of Service is added at the end of whatever you are working on , or a sepaprate page that stands all on it's own... Used for things going in the mail to anyone involved in a lawsuit.
You need to check your states RCP for which is appropriate. If you cannot find that info, do it separately. If you are sending two or more separate things to
anyone, EACH should have its own certificate of service.
What this basically does is make a statement that you have served whoever you are sending things to in the mail, and as you file things in your court tells them you
have actually served them.
Does not need to be fancy.... Can look something like...
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing WHATEVER YOU ARE SENDING TO THEM BY TITLE was mailed on ______, ________ 20xx , by way of U.S. Mail certified certificate #__________________________ to THEIR NAME , I capitalize this, AND THEIR ADDRESS, and I include phone number, if I have it.
Your city, and State, Zip
This is why each thing needs its own Certificate of service.
Also.... When you do your answer and affirmative defenses. Get that notarized.
Look into and make your own decision if you want to utilize a graduated denial.
Arbitration is a very viable tool to utilize. What it does is gets it out of your local
court arena and into the hands of an arbitration forum.
Arbitration, in itself, should be considered as another form of court.
There is an arbitrator/neutral who will make the decision as to if there should be an award against you. ( or for you if you initiate).
This is generally considered binding.
After this, if it is against you it gets confirmed by your court.
The plus for this is it eliminates doing the court battles that may result in a judgment against you sooner. At the very least it buys time.
Also, there is a very great possibility that you will not get fully into arbitration because it is very expensive for your plaintiff to go this route. And you could get a dismissal.
If there is an arbitration clause in your cardmember agreement they have to.
And if you elect, it will stop your court case in it's tracks.
You still need to do your answer and affirmative defenses on time, but look
into Arbitration and there are those here who can guide you through that if you want to.
One word of advice.... depending on your arbitration section.... which ever is offered, chooses JAMS first.... and AAA second.