Regarding cach, llc. I made my last payment to a credit card on August 2007. On June 2009 I was served by Cach. I wrote a response and motion to compell arbitration within 20 days. Three years go by (today June 29) and I receive a motion for summary final judgement stating I missed my arbitration date this month. I never received notice of an arbitration date. I live in Miami Florida. What do I do now?
State/Country relating to question: Florida
Hello and welcome,There was a 3 year delay in the case?
To be exact, I was served on July 2009 and wrote my response and defense (filed) on July 24 2009. I just received a packet from Cach dated June 26 2012 filing a motion for summary final judgement because I did not show to an arbitration this month. I was never informed of an arbitration date.
I see.That is quite unusual, but not unheard of that they dropped the ball for so long. Since the case was not dismissed, it could still be prosecuted.Since they have filed a motion for summary judgment, one would typically need to file a response to that motion, opposing it.Two arguments that stand out in opposing the motion is that you were not informed of the arbitration, such that the motion should be denied so you are not prejudiced by the plaintiff's failure to properly serve you notice of it.In addition, I would normally argue that the case should be dismissed altogether since the plaintiff has failed to timely prosecute the case and you would be prejudiced by being forced to defend yourself at this point and then set out reasons why you would be prejudiced, such as your memory has faded, documents representing proof to defend yourself no longer exist, or other such facts.
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Thank you and all the best to you,
Last thing. Do I file something right away? Cach is is asking the court to grant them xyz money in their favor. What should my next step be? I made last payment in aug 2007. I don't know if the staue of limitations helps in this case. 4 years in Florida. I don't know if I should seek legal council o Monday. I'm fraking out.
Hello again,You would typically have 20 to 30 days to file a response with the court, but I would retain a local attorney to represent you because of the unusual circumstances.The statute of limitations would not aid you typically since they filed the case well before the SOL ran, but you could use it to support your argument that you would be prejudiced if you were forced to prosecute the case now after such a long delay and the SOL would have lapsed had they waited so long before filing the case.Please try to relax and look for a local attorney to represent you. I would look for one that handles consumer protection or contract matters.Here is a link to FL attorney referrals:http://www.floridabar.org/tfb/tfbconsum.nsf/48e76203493b82ad852567090070c9b9/ec2322e512b83d1e85256b2f006cc812?opendocument
15 years legal experience including consumer protection law.
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