Suing Your Creditors > Sample Pleadings

Indiana Motion to compel Case Law


Mischievous Smurfy:
Ok so you all know i got thrown into the arbitration circus.  Motion hearing was today.  Not only was the case law I relied on from my county but we were to be in front of the same judge that got a judicial smackdown from the Supreme Court.  On top of that the opposing counsel didn't file a responsive pleading and essentially in court threw up his hands and said ... "uh ... I got nuthin"

Of course after all of that its off to JAMS we go...

I did want to post this for anyone facing a court date in Indiana. 

The first issue of course is always .... do i file an answer and can i file an answer without waiving my right to arbitration.  The answer (supported by the caselaw attached) is yes to both.

So ... its all attached in it's entirety but here are the highlights.

In the answer the defendant included these statements...

--- Quote ---Comes now the Defendant, MPACT Construction Group, LLC (IMPACT"),·without
waiving its right to arbitration, and for its Answer....

--- End quote ---

--- Quote ---WHEREFORE, Defendant, .MPACT Construction Group, LLC, respectfully requests the
Court to submit this controversy to arbitration according to the terms of the contract between
MPACT and Flying J,.....

--- End quote ---

This wording preserves your right to compel arbitration according the the Indian Supreme Court.

I won't quote anything from the Motion to compel because I would end up quoting the whole thing....  everything else is attached and its all a good read.

This is the Indiana Supreme Courts Ruling
MPACT CONST. GROUP LLC v. Superior Concrete Constructors, Inc., 802 NE 2d 901 - Ind: Supreme Court 2004

The defendants notice of appeal is also attached in case you find yourself up against an idiot in a black dress.  But we all know how rare that is ... (cough cough)

Posting from a cell phone or other mobile device is not an excuse for not using proper capitalization, no matter how many posts one has on the board.


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