What is the name of your state (only U.S. law)?
Illinios
I went to court today for a motion hearing in small claims court in Illinois. The opposing counsel did not show up, so the judge would not hear my motion.
I'm trying to compel the credit card company that is suing me to arbitrate as per their customer agreement.
The judge said since the hearing was set for Nov. 3, he would hear it then. If he grants the motion, it will remove the case from litigation and force the case to go to an arbitration forum. If he doesn't grant the motion, the case will proceed on that day.
If he fails to grant the motion, I plan to appeal. The problem is that if he denies the motion, he could end up hearing a case that should never be litigated in the first place.
Also, if the credit card company tries to deny me the right to excercise arbitration, I intend to countersue them for breach of contract. So, I'm at a loss as to what to do.
If the judge would have heard my motion, which is dispositive, and ruled today, I could have made plans, appeal, file a countersuit, etc. etc. etc. Now I have to argue this motion and prepare for a case at the same time. Also, unless a continuence is granted, i will not be able to file the countersuit against them for breach of contract. Any ideas on how I could get my motion heard before the trial date in the first part of November. Should I file a motion to dismiss stating that the court holds no juridiction and the case should not be heard as I have elected arbitration as per the agreement?
Illinios
I went to court today for a motion hearing in small claims court in Illinois. The opposing counsel did not show up, so the judge would not hear my motion.
I'm trying to compel the credit card company that is suing me to arbitrate as per their customer agreement.
The judge said since the hearing was set for Nov. 3, he would hear it then. If he grants the motion, it will remove the case from litigation and force the case to go to an arbitration forum. If he doesn't grant the motion, the case will proceed on that day.
If he fails to grant the motion, I plan to appeal. The problem is that if he denies the motion, he could end up hearing a case that should never be litigated in the first place.
Also, if the credit card company tries to deny me the right to excercise arbitration, I intend to countersue them for breach of contract. So, I'm at a loss as to what to do.
If the judge would have heard my motion, which is dispositive, and ruled today, I could have made plans, appeal, file a countersuit, etc. etc. etc. Now I have to argue this motion and prepare for a case at the same time. Also, unless a continuence is granted, i will not be able to file the countersuit against them for breach of contract. Any ideas on how I could get my motion heard before the trial date in the first part of November. Should I file a motion to dismiss stating that the court holds no juridiction and the case should not be heard as I have elected arbitration as per the agreement?