Jump to content
  1. Announcements

    1. 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.

      180
      posts
    2. Cosmetic Changes to the Forum

      We're making some changes to the forum, starting with some color and cosmetics. 

      2
      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.

      568
      posts
  2. Credit Repair

    1. Credit Repair

      All your credit repair questions.

      153.3k
      posts
    2. Collections

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

      154.5k
      posts
    3. Credit Bureaus/Reports/Scores

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

      45.2k
      posts
    4. Identity Theft

      This is where you get to talk about the newest of criminal trends. Learn how to protect yourself!

      1.6k
      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.

      341.6k
      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.

      15.9k
      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.

      27k
      posts
    2. Debt Settlement

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

      17.5k
      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.

      45.6k
      posts
    2. Mortgages

      By Popular Request

      18.5k
      posts
    3. Student Loans

      Get the latest news about credit and finance!

      5.6k
      posts
    4. Banking and Finance

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

      4.8k
      posts
  6. Non Credit

    1. Off Topic

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

      53.8k
      posts
  • Who's Online   0 Members, 0 Anonymous, 12 Guests (See full list)

    • There are no registered users currently online
  • Forum Statistics

    105.8k
    Total Topics
    892.5k
    Total Posts
  • Topics

  • Posts

    • Wouldn't it be ironic, If the lawyer went on extended memorial day holiday Friday-Thursday and came back on late June 2 only to find out that hearing was not cancelled and they were no show and your MTC was granted.   P.S. did letter have a tracking number? were you able to get tracking information?  
    • As everyone has been saying, this changes nothing and just reinforces what we have been advising for a long long time. 
    • @BulldogerI did, I e-filed because that way I could ask the court to email it to the plaintiff plus I mailed them a copy just in case. Fingers crossed that this will work and the 6/2 hearing will be held. Thank you again for all your help!  
    • From my first Memorandum of Points:  A party may waive its right to insist on arbitration if the party `so substantially utiliz[es] the litigation machinery that to subsequently permit arbitration would prejudice the party opposing the stay.'" Id. at 250 (quoting Maxum Founds., Inc. v. Salus Corp., 779 F.2d 974, 981 (4th Cir.1985)). "But even in cases where the party seeking arbitration has invoked the `litigation machinery' to some degree, `[t]he dispositive question is whether the party objecting to arbitration has suffered actual prejudice.'" Id. (quoting Fraser v. Merrill Lynch Pierce, Fenner & Smith, Inc., 817 F.2d 250, 252 (4th Cir.1987)). Neither the mere filing of pleadings nor delay will suffice by themselves to establish waiver; instead, the opposing party has to show some real, tangible prejudice.  United States Court of Appeals, Fourth Circuit Apr 28, 1987 817 F.2d 250 (4th Cir. 1987) Holding that the defendant had waived arbitration after "eight discovery motions, four of which were made by [the defendant,] . . . two motions in limine, one motion for partial summary judgment, . . . three motions to dismiss, . . . four status conferences, five hearings on pending motions, . . . two pretrial conferences [t]wo trial dates [which] were cancelled prior to the arbitration motion hearing date" here are some other summaries finding prejudice: Summary of this case from Connell v. Apex Sys., LLC Finding actual prejudice when the party opposing arbitration had to respond to multiple dispositive motions and "prepare repeatedly for trial rather than for arbitration" Summary of this case from Forrester v. Penn Lyon Homes Finding prejudice arising from the fact that non-movant "had to respond to a number of potentially damaging motions, including a motion for partial summary judgment and three motions to dismiss" Summary of this case from Patten Grading & Paving, Inc. v. Skanska USA Bldg., Inc. Finding default where the nonmoving party was required to make, argue, or defend against at least eight discovery motions Summary of this case from Capps v. Harris Finding prejudice when the party opposing arbitration "had to respond to . . . a motion for partial summary judgment and three motions to dismiss" Summary of this case from Smiley v. Forcepoint Fed., LLC Finding that the defendant's four-and-one-half year delay in moving to compel arbitration supported a finding of actual prejudice Summary of this case from Innotec LLC v. Visiontech Sales, Inc. Finding prejudice where three motions to dismiss and a motion for summary judgment had been filed Summary of this case from Bronco Constr., Inc. v. Schotten Fenster, LLC Finding sufficient prejudice to support waiver where brokerage firm delayed four-and-one-half years before seeking arbitration, two trial dates passed, and opposing party was required to respond to two motions for partial summary judgment and three motions to dismiss Summary of this case from Haddock v. Quinn Affirming district court's denial of motion to compel arbitration when Merrill Lynch waited over four years before seeking to compel arbitration; the district court had considered eight discovery motions, four of which were made by Merrill Lynch; and Merrill Lynch had filed two motions in limine, one motion for partial summary judgment, which was granted, and three motions to dismiss Summary of this case from Rota-McLarty v. Santander Consumer USA, Inc. Reaching the same conclusion where several of the plaintiff's claims were defeated on summary judgment over two years before the defendant demanded arbitration  This verdict appears to correct an error made by lower court of appeals, IMO, nothing really has changed. Credit card companies were aware of this as in my current suit the contract specified a 90 day window after being served wherein you can file a motion to compel arbitration.  Thus eliminating any need to consider prejudice.  It has and is still the advice here to file MTC as early as possible with the answer if possible.     
    • Yes make a notice of hearing to prevent losing your hearing date. So you have chance to get judgement vacated before they finalize it. 
  • Popular Contributors

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.