1. Announcements

    1. Polls

      Weigh in on what's going on with your credit, debt or legal issues.

      110
      posts
    2. PLEASE READ BEFORE POSTING / Board Announcements

      Find posting etiquette tips, other "rules of the road", abbreviations explained, and announcements we need to share with you. All new members should start here.

      178
      posts
    3. Resources

      Place to go to look up helpful information such as state laws, case law and other sites for finding great information regarding credit repair.

      560
      posts
  2. Credit Repair Forums

    1. Credit Repair

      All your credit repair questions.

      154,461
      posts
    2. Collections

      All your questions about those nasty collection agencies and what to do about them.

      151,911
      posts
    3. Credit Bureaus/Reports/Scores

      Everything you wanted to know about the Big 3 (and all the other little ones, too!)

      45,032
      posts
    4. Credit Article of the Week

      Get the latest news about credit and finance!

      11,498
      posts
  3. Legal Issues

    1. Is There a Lawyer in the House

      Hang out with our expert legal minds - get advice on lawsuits, procedure and credit case law.

      332,092
      posts
    2. Bankruptcy Q and A

      Have questions about filing a bankruptcy? Wondering what it will do to your credit? Here is the place to start.

      15,908
      posts
  4. Debt Validation

    1. While You are In It Debt Validation Q and A

      This forum is for those of you who have started the debt validation process and need more information.

      26,885
      posts
    2. Debt Settlement

      Tips and tricks for getting out from under all of that debt.

      16,990
      posts
  5. Loans and Banking

    1. Obtaining Credit Cards, Auto Loans and Financing

      Everything you want to ask about credit cards, auto financing and other types of loans other than mortgages: which programs are best, interest rates, etc.

      45,595
      posts
    2. Mortgages

      By Popular Request

      18,478
      posts
    3. Student Loans

      Get the latest news about credit and finance!

      5,533
      posts
    4. Banking and Finance

      Questions about a specific bank? Personal investment/finance questions? Ask the experts here!

      4,834
      posts
  6. Non Credit

    1. Off Topic

      Get to know each other here - all other non-credit questions....

      53,740
      posts
    2. Wine

      I love wine, so if you do, too, here is a place to discuss it.

      652
      posts
  • Who's Online   1 Member, 0 Anonymous, 45 Guests (See full list)

  • Forum Statistics

    107,331
    Total Topics
    891,084
    Total Posts


  • Topics

  • Posts

    • Thanks! Yeah, part of me thinks since I elected arbitration in my Answer and filed the MTC first that the MSJ is invalid and it would be a waste of time to file a reply opposing the MSJ as the judge might take it that my reply means I don't think the matter should be arbitrated but be kept in the court since I responded. But then the other part worries if I don't oppose the summary judgment by filing a reply on the fact that opposing counsel states there is no defenses at issue, when there clearly is a defense at issue (my affirmative defense of binding arbitration and my election of it), that if the judge does not grant my MTC for some reason, that I will have lost my opportunity to file a reply later and judge will grant the MSJ because I didn't file a reply opposing the MSJ.
    • Motions must be filed and served 16 COURT DAYS before the hearing. Add 5 calendar days if served by personal mail. Proof of service must be filed 5 court days before the hearing.    So I would look to set the hearing out far enough that it is before your court date but with enough time to file and serve a motion. 
    • @elansus You were given leave by the magistrate at a hearing to file your DEFENDANT'S REPLY TO PLAINTIFF'S MEMORANDUM IN OPPOSITION TO DEFENDANT'S MOTION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION AND STAY THE CASE PENDING ARBITRATION. If you read MikeB35's threads, the rules that govern a reply to a response are discussed. Normally, you'd have to file a motion for leave (aka permission) to file a reply brief. (IANAL) A reply is limited to addressing only those new issues raised by Plaintiff's Memorandum in Opposition that you did not argue or raise already in your Motion to Compel. You aren't re-arguing what you've already argued and supported in your MTC. Read their Oppo response to see what their main arguments are. You make your arguments to refute theirs and cite the case record, court rules and/or laws that support your arguments. I already pointed out some of these I've noticed in my posts above, with citations from the record. If you can pull a rough draft together, we can refine it here. IMO Here are the main opposition arguments they've raised: I.)  "As the Defendant has failed to assert a basis for use of the Arbitration provision in the Card Member agreement, as set forth more fully herein, this case is not subject to arbitration." II.)  "The Defendant alleges that the terms and conditions governing the account contain an arbitration provision to which the parties are bound. The Defendant is mistaken."  III.)  "Importantly, the Defendant denies (1) entering into a credit agreement with Plaintiff, (2) breaching the terms of the credit card agreement, and (3) the balance sought. See Plaintiff's Complaint filed September 16,2019, at Para. No.: 3." IV.)  "The Defendant cannot assert a right under a contract in which he claims not to be a party. Likewise, any reliance by the Defendant on the terms and conditions governing the account is misplaced and does not apply to the Defendant as he alleges he did not enter into a credit agreement with Plaintiff."  V.)  "His denials in his answer are then a purposeful attempt to mislead the Court."       
    • Start with a dispute with the CRAs first and see what comes back. The answers to all of your other questions will depend on how the CRAs respond to your dispute.
    • Dgree - Thanks for your input. I'll make a separate doc for the points & authorities. Do you know where I can find information on the "timing" of the hearing on the motion ? The Court Reservation System will let me pick any date, but I am thinking this motion should be in the hands of all parties at least 30 days before the hearing date. Or is it 45 days ? and do I need to allow an extra five days due to it being mailed ? As it stands now, my hearing date is during the week between Christmas and New Years.  
  • Popular Contributors