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CalAttorney2
CalAttorney2, Attorney
Category: Employment Law
Satisfied Customers: 10236
Experience:  Civil litigation attorney for individuals and businesses.
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A collection agency hospital I worked suing me

Customer Question

A collection agency for a hospital I worked for is suing me for a retention bonus of 2000.00. I have responded to the summons. Now I have a letter of motion to bypass mediation and motion to set. Can I write a letter requesting mediation and/or throw the case out.
Submitted: 1 year ago.
Category: Employment Law
Expert:  CalAttorney2 replied 1 year ago.
You can write an "opposition" to their motion, opposing their request to bypass mediation, and ask that the matter be submitted to mediation or "alternative dispute resolution."Regarding a motion to dismiss, you can make a "motion for summary judgment" - but this is a somewhat complex civil procedure process, and usually is made after the parties have at least exchanged written discovery (if not taken depositions), and would not typically be used in a case of this value (a $2,000.00 case is not going to warrant a motion which generally takes a week's worth of attorney time to draft). Most small claims matters are summary proceedings and proceed rather quickly to a hearing date.If you have not done so yet, I would recommend visiting your local law library and looking into your local practice guides. You will want to issue "written discovery" to the plaintiff to find what documents or evidence they intend to introduce at trial or what they are basing their claim on (even if you already know it is important to go through this exercise to ensure that you are not surprised at the hearing).Also, if the matter is not resolved through negotiations or mediation, and it does actually go to a hearing, I would recommend going and sitting in on the court's small claims calendar at least a few days or a week before your own hearing so that you have a better idea of how the court works and you will be more comfortable with the process.The Arizona Courts do have an online self help center which can give you some basic information to assist you: http://www.azcourts.gov/selfservicecenter/Home.aspx