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  • Topics

  • Posts

    • "Why do you want arbitration".  JAMS is a more informal setting with easier rules to navigate and I would be more comfortable as a pro-se in that setting. I also have a contractual right to arbitration and the Supreme Court agrees that arbitration, when present in a contract, is the preferred method of dispute resolution. Its getting a bit ahead, but if your MTC is denied, then you have the right to an interlocutory appeal.  Check your court rules on how and the time allowed to do this.  An interlocutory appeal is an appeal to a higher court on one issue of a case (which is still ongoing) rather than an entire case.  You can ask the higher court to review the judge's denial of the MTC and ask to over turn the decision based on the Supreme Court. But like I said, that is to worry about later and hopefully won't even matter.
    • @LaneBlane Here's how one Texas (?) attorney handled the issue of doubt about contract formation. I apologize, but I don't have a link to the source of this.  "Should the court determine that the Plaintiff has established that the cardmember agreement offered by it as a summary judgment exhibit is the one that governs the parties’ relationship, despite the absence of conclusive evidence of contract-formation, the court should give effect to defendant’s right to have the dispute resolved by arbitration, instead of litigation. "
    • @LaneBlane The defendant's motion to compel arb was denied by the judge because the defendant denied the complaint allegation that defendant entered into the account agreement with the original creditor, later assigned to the JDB. The judge said terms of a contract defendant denied ever entering into in the first place were unenforceable. Here's some interesting language. On such and such date Plaintiff produced an account agreement titled Cardmember Agreement and designated CMA18103 or whatever. The proffered agreement contains arbitration provisions. Plaintiff had the obligation to fully respond to Defendant’s request for production regarding the contractual foundation of its claim, and was required to produce all material contract documents . The document produced by Plaintiff establishes conclusively that it relies on a contract that subject the claim asserted in this lawsuit to mandatory arbitration, upon election of either party. The document is admissible against Plaintiff because Plaintiff produced it in discovery. 
       …. or … By moving for summary judgment with CMA 37964 Plaintiff represents to the court, and thus judicially admits, that the contract upon which it relies subjects its claim to mandatory arbitration because said version of a Cardmember Agreement contains an arbitration clause to that effect.  
    • Here's the section from the arbitration agreement that protects me: Broad Meaning of "Claims." The term "Claims" in this Arbitration Provision is to be given the broadest possible meaning and includes (by way of example and without limitation) Claims arising from or relating to (i) this Agreement, (ii) any transactions effected pursuant to this Agreement, (iii) terms of or change or addition of terms to this Agreement, (iv) collection of your obligations arising from this Agreement, (v) advertisements, promotions or oral or written statements relating to this Agreement or any transactions between us pursuant to this Agreement, including any Claims regarding information obtained by us from, or reported by us to, credit reporting agencies or others, (vi) Claims between you and us or our parent corporations, wholly or majority owned subsidiaries, affiliates, predecessors, successors, assigns, agents, independent contractors, employees, officers, directors or representatives arising from any transaction between us pursuant to this Agreement and (vii) Claims regarding the validity, enforceability or scope of this Arbitration Provision or this Agreement including but not limited to whether a given claim or dispute is subject to arbitration.   LEGAL DEFINITION OF ASSIGN To transfer one's duty, interest, or right to another, especially regarding property or under a contract, so that the transferee has the same duty, interest, or right as the transferor had.  See also assignment and delegate. To appoint.
    • @LaneBlane There was a poster from Michigan who had the MTCA denied.  If I recall correctly, the judge ruled that she could not enforce a contract that the defendant flat out denied being a party to with the original creditor in the Answer.  
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