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Showing content with the highest reputation since 04/22/2019 in all areas

  1. 8 points
    The results are in.... PASSED! I submit my application to the character and fitness committee next week. If approved, I will be sworn in as an attorney June 12, 2019.
  2. 4 points
    Just wanted to update everyone. I ended up winning by settlement. Had the case dropped with prejudice and Midland is paying for my arbitration + court fees. I'd like to thank everyone who pitched in with advice and helped me along the way. Most of all, would like to thank @fisthardcheese with their guide for arbitration. This is single handedly the only reason why I won so effortlessly. If anyone is in my position, please give the guide a look-see. Thank you again to every1!
  3. 3 points
    As the others have said, mistakes happen. I'm actually relieved it was that and not some new rules we had to try to figure out.
  4. 3 points
    First off, the title of your thread is inaccurate, unless you filed lawsuits against PRA and Cap1. Second, can you give us details about how you accomplished these things? Without that, your thread is useless.
  5. 3 points
    DISMISSED!!!!! I hadn't heard a peep from anyone about the case, so I called the judge's clerk. He looked up the case number and told me the Plaintiff had appeared to dismiss the case. Whew!
  6. 3 points
    It is nonsensical for a person who asked for and was granted arbitration in a case to then nitpick by demanding the other side file instead AND giving up the extra little bit of leverage being the Claimant in the arbitration case will hold. Let it be known across the land: If your MTC is granted, FILE THE ARBITRATION CASE IMMEDIATELY AND WITH NO RESERVATIONS. Filing an arbitration case is the easiest part of this entire process. Not doing so is just plain silly.
  7. 3 points
    What case law did you put in your motion to compel? Use those cases in support of your argument. It would be technically improper if you brought up case law for the first time at a hearing without giving other side opportunity to oppose and respond to it.
  8. 3 points
    I've been walking in similar shoes for a while. Unfortunately, as long as the contract you signed says it's a commercial loan, you won't be able to file a consumer arbitration case. My commercial contracts also include a personal guarantee. Lenders do this to protect themselves in the event a business folds or goes bankrupt. If they can't go after the business, they can go after the person who personally guaranteed the loan. This doesn't change the fact that it's a commercial contract. You said you signed and returned the BofA contract. Are you saying the contract filed as an exhibit is not a true and correct copy of what you signed? If so, why? Does your copy of the contract include the same misspelling? Based on my personal experience, arbitration is something I would personally stay clear of. You will not be protected by a consumer fee cap.
  9. 2 points
    Don't over think it or try to guess their reasons why they do this or that. Just go with the facts here. The facts are that they need your stipulation in order to dismiss and they clearly want to dismiss the case. This gives you a perfect opportunity to tell them you are willing to work with them on a dismissal with prejudice. Make the email very concise, simple and to the point. The worst case is they say no, and then you can choose to accept the dismissal without or to continue and force the MTC hearing and then try to settle again for what you want after MTC is granted. But I feel that the odds are in your favor to get the dismissal with prejudice.
  10. 2 points
    HENRY SCHEIN, INC. v. ARCHER & WHITE SALES, INC; Jan 2019 https://www.supremecourt.gov/opinions/18pdf/17-1272_7l48.pdf
  11. 2 points
    I agree. I believe this was discussed in the past based upon rules of civil procedure. If one’s court rules state that the filing of an answer precludes a voluntary dismissal without the permission of the court or the defendant, it is best to file an answer along with a MTC arbitration.
  12. 2 points
    It's a stipulated dismissal, correct? They want you to sign it and send it back? I would email the attorney and say you received their stipulated agreement offer and that you would be willing to stipulate to a dismissal with prejudice. I'm not sure why everyone thinks this is over. It's just a settlement negotiation. You are free to tell them what your terms of stipulation are. But forget about this "removal from credit report" nonsense. I NEVER advocate for that, as a dismissal with prejudice can be used to handle that later and it just muddies the water at this point. You have them on the ropes. They have to get a stipulated agreement from you to dismiss because you answered and filed an MTC. They can not just drop it by themselves and this is why they are asking you to sign this. Counter.
  13. 2 points
    Good job. You got the hardest part of this behind you now. I would use JAMS rather than AAA, personally, if the card agreement gives you the choice. Go to JAMS' website and download the "Demand For Arbitration" form. This is basically the same as a "complaint" form you would file in court. The instructions on how to file are on this form (last time I checked it requires sending everything in duplicate to JAMS including the Card Agreement). I would include 2 copies of the court's granted MTC as well and I would make and include simple and short cover letter (only one copy) that states you are demanding a new consumer case via court order and that the enclosed contract between the parties states that the company will pay the consumer's filing fee and ask that JAMS bill the company for the consumer's portion of that fee. I would send it by certified mail for proof to the court if needed that you filed the timely. Also send 1 copy of everything you send JAMS (including the cover letter) to the attorney.
  14. 2 points
    I understand there may be watchful eyes, I just want to make sure to paint a correct picture. First and foremost make sure to read up on your local court rules and procedures, thats pretty much step one. This will inform you on your timeline and proper procedures. After you have established the above step, it may be a good idea to search other cases in the forums similar to yours. (I.e. the JDB, and state.) Many of the community members are very knowledgeable, and extremely helpful in assistance with drafting up your answer. Keep in mind if you do post your drafts in your thread to redact any and all information pertaining to you personally or your case# etc. It is a nerve wrecking process, however many of the methods in defending yourself are battle tested. Just take your time, breath, and be sure to read, then read again over everything you type up.
  15. 2 points
    You’re not an idiot. We all, myself included, can overlook details. I still do it even though I’ve been on this site for years and should know better. 🙄
  16. 2 points
  17. 2 points
    Congrats! Did the judge grant a stay, and mention a status hearing? Have you read fisthardcheese's pinned thread on arbitration?
  18. 2 points
    That seems to be an understatement.
  19. 2 points
    That article is full of incorrect information. In addition, the strategies he talks about worked fairly well 10 years ago but not anymore.
  20. 2 points
    One big question: You say you had an account with them. Did you default on your account? The rest of the post assumes you defaulted If so, it could be they have a valid claim against you, sent the wrong information by mistake, and will come up with the correct information at some point. I did have something like that happen to me once. The incorrect papers were not a fatal error. I did win the case for other reasons. Realize you are in Florida. You have to decide to arbitrate or not before you answer. If you answer you waive arbitration. Your choice is to either file an MTC instead of an answer OR file a general denial and hope you catch them unawares. Both are risky. The judge may just give them time to come up with the proper papers, and you lose.
  21. 2 points
    Hi All. I've lurked for awhile (learned a lot), and now I'd like to share my journey. It is ongoing but hopefully other reads can learn something...and perhaps I can get some feedback when I hit rough patches Basically I had 15 accounts with 11 creditors, totaling 275k. Due to a failed business, major family health issues, and other personal problems the debt piled up over a handful of years. I was literally depleting all my savings paying monthly payments and it got to the point where it was obvious the well was going to run dry. I didn't want to file bankruptcy (I still don't, although technically that may be my best option), so debt settlement became the key option. If I get sued in mass, or I can't negotiate decent deals then C7 is my only option. I certainly do not have all the funds to settle these at the same time, so I'm trying to plan and spread them out. All debt settlement is being done DIY, and I have been largely proactive. Personally I found talking to OCs, JDB, and CAs to be a fairly straight forward process. Most haven't bugged me anywhere near the amount that I expected. Everything is totally unsecured. I'm also keeping track of all my assets and liabilities to claim insolvency for each settlement (so I don't have to pay taxes). I may potentially not be insolvent near the end of the process. I also signed up for the Veritas legal protection in case I get sued (I haven't yet). My last payments were in the Sept-Dec range of 18. As of 5/10/19 Chase Card 1: Discussions are ongoing, but nothing truly ongoing. I'm 125 days or so. They started calling a lot so I had them stop calling my cell. There really hasn't been a serious offer on their part. It has been over a month since I made the do not call request and I haven't gotten any communication. Given their more lenient reputation I am looking to delay settling this. Chase Card 2: Same as Card 1 BOA Card 1: SETTLED FOR 26.5% I settled this account at about 130 days. I had two accounts with BOA and I settled them jointly for about 26.5% in a lump sum. I was hoping to hold off but they accepted that offer so I was happy. They barely bugged me at all during the 130 days. I called them a few times to keep them updated but that is about it. Then on day 130 I called them, made the offer, and that is that. Combined this was my second largest creditor, so I am thrilled with this outcome. BOA Card 2: SETTLED FOR 26.5% See BOA Card 1 Best Egg Loan: Once I began to go past due on these accounts Best Egg offered a pretty nice extension. So I took it to mainly extend out my settlement window. My extensions officially ended at around 120 days and they just now consider me late. No serious negotiations at this point. Upgrade Loan (sold to Velocity, placed at CKS): THIS IS NOW MY TOP PRIORITY I tried to negotiate this directly with Upgrade and made them fair offers (30-35%). Once it charged off (probably 120ish days) they sold it to Velocity who then placed it with CKS Financial. I've been negotiating with CKS (toughest to deal with out of everybody). I offered 28% first, went up to around 30%, then CKS tried to get Velocity to do 32.5%. Velocity has been pretty firm at 40%. In fact after the last counter of 32.5% Velocity said to do 40% or else they will go to court. I'm not sure if I believe them just yet since they bought it about a month ago. It is a higher balance so legal is definitely an option for them. 40% right now is really tight for me, so I think I may try to call their bluff. This is my number 1 focus right now. CKS has a distinct style that is quite annoying (passing you amongst reps)... I also get the feel that they use more 'tactics' on you than other firms. AMEX #1 (placed at ARSI): SETTLED for 40% As you would suspect AMEX did virtually zero negotiating. After about 100 days it was past to ARSI. Not as tough negotiations with ARSI as with CKS and GC. Ultimately given AMEX likes to sue I decided to go with 40% and they ultimately accepted. AMEX #2 (placed at ARSI sent to Gurstel): At the same time as AMEX #1 this account was sent to ARSI then sent to Gurstel straight away. I've been negotiating with Gurstel directly and honestly it has been one of the simpler nicer experiences. It is a law firm so my settlement amount expectation isn't high and AMEX has their reputation. This is a smaller account so I'm trying to finish it off at 50%. I'm slightly optimistic given I got the other AMEX/ARSI done at 40%. At this point I'm just waiting on a response Marcus by Goldman (placed at Radius) Marcus doesn't settle, but they certainly call a lot. It charged off in the 120-140 day range, and then sent to Radius. Of course now they are willing to settle, but they are only offering 65% (so 35% savings). I'm trying to target 30-40% settlements so we are far off. They haven't called much (couple times in a month) and the negotiations aren't too serious. Holding off on this. Earnest Loan: No serious negotiations with them. They barely called but they do have one lady that was their "overdue" person, who was a little intense. But she wouldn't budge at all. Regardless they just moved their servicing to SST. Given funds are tight I'm hoping to delay this one so I'm letting SST make the first move. About 150 days here. My guess is it gets charged off and sent (probably sold elsewhere) LightStream Loan For the first 120 days I was told they don't settle. After it got sent to their "Default Recovery Team". Their offer right now is about 65% so it is a nonstarter. They aren't too intense and don't bug me too much so it is a lower priority on my current list. Citizens Bank Loan They also claimed they don't settle and after 120 days it gets sent elsewhere. I talked to them a bunch before 120 days (they would call a reasonable amount), but they wouldn't budge. After the 120 day mark they basically went dark. I'm holding off on reaching back out. Discover Card: SETTLED at 40% via payment plan They were pretty flexible and easy to deal with the entire time. No problems with them at all. However they simply would NOT go below 40%. At first they were around 50-60%, then I get a letter saying at the end of the month it would be referred to an attorney (at about 120 days). Despite having Veritas I obviously would like to avoid that. I aimed for 30%, they came down to 40%. At first 40% lump sum, but I balked. We eventually settled on 30% and the last 10% via 23 month payments. I didn't mind this since it pushes my 1099C off for a couple years for this account. Citi Card 1: At 60 days they were at 60%, 90 days they were at 40%, and they haven't moved since. Now we are around 150 days. They've been easy to work with and were the first to offer legitimate settlement offers. Citi hasn't been a top priority for me, but if I can get it down to 30% I'll jump at it. Citi Card 2 (sent to GC Services): At about 115 days they sent this over to GC services, who also has been glued to the 40% mark. GC hasn't called much but when I've talked to them they've been the meanest of the group by far (CKS calls the most but has been largely friendly). As you can probably see I've had more luck with big brand credit cards than the smaller unsecured personal loans. I'll keep adding to my story as things happen so hopefully you all can learn from my experience. If you have any tips for me, please do not hesitate. I need all the help I can get.
  22. 2 points
    Did you request discovery from them this time? If not, they will say "defendant never requested anything" and then present all of the evidence you never requested.
  23. 2 points
    @Brotherskeeper I cannot thank you enough for all of your help. I am grateful for all of your time and knowledgeable suggestions. Thank you! Now, I wait....
  24. 2 points
    Wait As far as the appeal process goes, you have nothing to appeal unless and until there is a ruling against you. As for filing in JAMS, I have seen two sets of advice. One is to go ahead and file in JAMS before the hearing to prove you are serious. The other is to wait until after the judge rules on the MTC. I can see the argument on both sides. I have personally always waited until after the judge’s order. The judge always gave xxx days for me to file in JAMS and to prove I did so. It may be a good idea to at least prepare a draft of the filing before the court date. Also, what do you do if the magistrate rejects your MTC? Wasted a JAMS filing then. If the magistrate rejects your JAMS filing and rules against you, then immediately appeal to Circuit Court as is your right.
  25. 2 points
    It was an original creditor that I was dealing with and it appears they actually did what their final letter said they would do, which is delete the account from my credit reports entirely. I am satisfied with the final result to clear it off my credit reports even though it happened 3 years after it should have. If I was still in a fighting mood maybe I would have pursued the FCRA issue but the original fight 3 years ago with the magistrate case, the arbitration case, and the subsequent settlement agreement was plenty of fighting for me already. Since they finally did the right thing, I'm happy with the win.
  26. 2 points
    I'd say if you haven't read it, go ahead and make suggestions on problems you feel are present with the current FDCPA. There's also a lot of recent court cases in there you can do a word search on, such as Santander. It appears they're also trying to update and standardize the FDCPA definitions, instead of relying on court cases with varying results depending on location. Technological changes in the way we communicate since the law was written in the 70s are also addressed. Their summary- Establish a clear, bright-line rule limiting call attempts and telephone conversations: The proposed rule generally would limit debt collectors to no more than seven attempts by telephone per week to reach a consumer about a specific debt. Once a telephone conversation between the debt collector and consumer takes place, the debt collector must wait at least a week before calling the consumer again. Clarify consumer protection requirements for certain consumer-facing debt collection disclosures: The proposed rule would require debt collectors to send consumers a disclosure with certain information about the debt and related consumer protections. This information would include, for example, an itemization of the debt and plain-language information about how a consumer may respond to a collection attempt, including by disputing the debt. The proposal would require the disclosure to include a “tear-off” that consumers could send back to the debt collector to respond to the collection attempt. Clarify how debt collectors can communicate with consumers: The proposed rule would clarify how debt collectors may lawfully use newer communication technologies, such as voicemails, emails and text messages, to communicate with consumers and would protect consumers who do not wish to receive such communications by, among other things, allowing them to unsubscribe to future communications through these methods. The proposed rule would also clarify how collectors may provide required disclosures electronically. In addition, if consumers want to limit ways debt collectors contact them, for example at a specific telephone number, while they are at work, or during certain hours, the rule clarifies how consumers may easily do so. Prohibit suits and threats of suit on time-barred debts and require communication before credit reporting: The proposed rule would prohibit a debt collector from suing or threatening to sue a consumer to collect a debt if the debt collector knows or should know that the statute of limitations has expired. The proposed rule also would prohibit a debt collector from furnishing information about a debt to a consumer reporting agency unless the debt collector has communicated about the debt to the consumer, such as by sending the consumer a letter.
  27. 2 points
    Absolutely. We saw this when they were tying to use the "small claims" argument when cases were filed in our Justice Courts. Once a couple courts rejected it, they moved on to something else.
  28. 2 points
    They may convince a lower/trial court with their arguments, but I really don't see that they have any hope of making it stick on appeal. They are arguing against their own agreements. It's a ludacris proposition.
  29. 2 points
    Ok. Thanks for letting us know. The majority of information in that article is not supported by law. It appears that Brian Gray has done very little research and mostly provides his opinions rather than fact and proof. Check out the following post to see just a few of misrepresentations in his article. Note that I provide proof to show how his claims are wrong. https://www.creditinfocenter.com/community/topic/330215-some-opinions-please/?do=findComment&comment=1372504 There are many more misrepresentations that I did not address. I also have a thread regarding debt validation that shows the errors in his suggested debt violation letter. https://www.creditinfocenter.com/community/topic/329454-deceptive-validation-request/ His latest misrepresentation is that junk debt buyers cannot report on your credit report. This is despite the fact that the CFPB in its Consent Decree with Midland Funding (a debt buyer) shows otherwise. See pages 38 and 39 of https://files.consumerfinance.gov/f/201509_cfpb_consent-order-encore-capital-group.pdf I know that he is aware of this site. I would think that if he could support his claims, he would be willing to interact with us. I truly hope that he would be willing to engage in a respectful debate.
  30. 2 points
    That's not to say, by the way, that it's not a good idea to include a brief mention in the cover letter when filing a JAMS or AAA case. I usually just state that "according to the enclosed agreement, the company has agreed to pay the consumer portion of the filing fee, so I have requested that the company forward this amount directly to JAMS/AAA". And then I will include that same cover letter in the copy I serve to the other side to cover that I have also noticed them about forwarding my filing fee. However, if this is not done, I would not make a big deal about it unless JAMS send me a bill for the $250.
  31. 2 points
    That's a choice for you to make. I don't want to blatantly just say another attorney's advice is wrong. But you have to weigh if a waiver of your right to sue them is worth the trouble of taking your dismissal with prejudice, contacting the CRA's and making sure the CRA's do what they are supposed to do.
  32. 2 points
    Actually, a stay is under the jurisdiction of any court, as I read the statute. It's just that a motion to compel arb, or dealing with the award after the arb has been completed, that is under the jurisdiction of a common pleas court. ORC 2711.02 B. If any action is brought upon any issue referable to arbitration under an agreement in writing for arbitration, the court in which the action is pending, upon being satisfied that the issue involved in the action is referable to arbitration under an agreement in writing for arbitration, shall on application of one of the parties stay the trial of the action until the arbitration of the issue has been had in accordance with the agreement, provided the applicant for the stay is not in default in proceeding with arbitration. Here the statute does not refer to a court of common pleas. But, as shown by MikeB35's victory here, in practical terms, it doesn't seem to make a difference.
  33. 2 points
    Impossible to know for sure. All arguments are technically supposed to be made on paper prior to the hearing date. In any event, judge may give leeway to those who are unrepresented.
  34. 2 points
    Paying the initial filing fee does not equal following into arbitration. You must always be willing to follow through with all the steps of arbitration and force a settlement in your favor.
  35. 2 points
    Just an update for the rest of the folks, Midland's attorneys contacted me as soon as they received word about me filing AAA. They want to settle before arbitration begins. Obviously, my terms are dismissal with prejudice amongst other things. Should hear back by the end of the week. Will notify everyone when I have another update available.
  36. 2 points
    Hey all, it's been a hot minute but I've finally received a response. PRA mailed me a Voluntary Order of Nonsuit to dismiss without prejudice. It isn't signed by a Judge yet and I still need to confirm my court date is scheduled for next month, but I wanted to update my case and hopefully help anyone else in my neck of the woods.
  37. 2 points
    @usctrojanalum Fantastic news!!! I remember when you announced you were accepted into the law school. We're so proud of you! Congratulations and well done.
  38. 2 points
    "This is essentially like you are now "suing" the JDB, only in arbitration instead of court. Think of it just like that. You would not file a lawsuit against yourself, so do not do it in arbitration. I would never mention THEIR claims against me, nor the debt in any way. Instead, I only file MY claims against the JDB. Do not worry at this stage about the details of your claims because this initial claim is allowed to be changed, added to or dropped at any time before an arbitrator is assigned to the case (and even after, you can still make changes with the arbitrator's permission). If you have nothing very strong with proof against the JDB, I would file with something such as "violations of state and federal consumer debt collection laws" or perhaps, "Violation of the Fair Debt Collection Practices Act", etc. Or even a simple "Billing dispute" will do if you have no violations of law against them. Again, it doesn't need to be more detailed then that at this stage and if your claims never pan out, you have the ability to drop them later (or you may find NEW claims to add if the JDB violates the laws during the ongoing case)." @AlawsoabA1221 Many state consumer protection laws mirror federal laws but with much lower monetary awards. If you have (ahem) plausible violations of both, you should add in the state's penalty award, too. Let's ask @fisthardcheese if he could kindly explain further this quote from his epic arb thread: "(or you may find NEW claims to add if the JDB violates the laws during the ongoing case)."
  39. 2 points
    Another good point brought to my attention is setting the amount when demanding for arb. As you go through the paperwork for JAMS you will come across a page asking for the claim, and the amount of the claim. This can be confusing for some (guilty here). *This is my interpretation and I may be wrong* So being that we are now flipping the table on the plaintiff we have to present that. For example ( Their claim against you by the Plaintiff is $2436.27, and you could set your claim amount at $2000.) A typical PDCPA Violation is $1000 In this example you could claim : Violation of state and federal credit collection laws Now, they are wondering what violations they have committed, they can fight and pay a lot of money to find out, or they offer a dismissal from court to settle. This essentially becomes the bargaining chip to put you in a decent position. ( keep in mind you can change your claim if you need to later so long as it is early in the game) *Again this is only my take, and my opinion, and I may be wrong. Just wanted to lay my thinking process out for you, or any other future readers.*
  40. 2 points
    Setting a motion hearing is not unusual. I doubt it has anything to do with anything you have done, except filing the motion. But, you do need to be aware of a possible ulterior motive of the court: the hearing is an opportunity to get the parties together, so they can be urged to settle. And sometimes this urging is not subtle. You need to resist any pressure to settle (unless you want to settle) and insist on arb. You should be prepared at the motion hearing to argue your motion, why you want arb and why your motion should be granted under the law. If the plaintiff does not respond to your motion, yes, your motion should be granted by default. But it probably won't work that way. The court will go ahead with the hearing and will bend over backwards to accommodate the plaintiff. That's what happened in my case. The JDB attorney didn't respond to my arb motion, but showed up for the motion hearing. I argued that my motion should be granted by default. The court didn't dismiss (as I requested), but did stay the case. (Note the court will not be as accommodating to you as they are to the plaintiff.) It wouldn't hurt to draft up the JAMS paperwork, to show you are serious, in case that issue gets raised.
  41. 2 points
    Just FYI to anyone filing arbitration with AAA in California. You will need to include the entire card contract/agreement, and not just the arbitration section.
  42. 2 points
    They both apply, but A is the one that gives you the AZ statutory right to arbitration. D just means the court has to stay the case, but this is automatic so citing the rule isn't necessary.
  43. 1 point
  44. 1 point
    JAMS is not supposed to stick the consumers with the cost, but some have read their rules to be open ended on that question. But you are in California where that is barred by state law, so you have nothing to worry about. Even if they follow you (I am 99.9% sure they won't), you just defend yourself on the alleged debt the same way you would in court.
  45. 1 point
    I will apologize for my absence at another time. But I had to post the news of this gift we received today from the California Supreme Court. Cal Supremes held that a CCP section 98 declarant must be subject to actual personal service at the address given, and that the requirement is not satisfied by the defendant/defense counsel agreeing to accept service of a subpoena at that address. The case is Meza v. Portfolio Recovery Associates http://www.courts.ca.gov/opinions/documents/S242799.PDF
  46. 1 point
    I'm not reading 538 pages. What are the Cliff's notes, and how does this directly affect consumers?
  47. 1 point
    Yes, it's a win. I doubt very much if they will sue you again, but if they do, it's "rinse and repeat." File the MTC Arb again.
  48. 1 point
    If the plaintiff has sent you discovery, you need to answer them, but in a special way so as not to waive your arb rights. This is especially important for requests for admissions; if they are not denied they are deemed automatically admitted, meaning you will be admitting you owe them money. This is how to answer for each of the discovery requests: OBJECTION. The defendant has elected private contractual arbitration. The scope of discovery is to be determined by the arbitration forum.
  49. 1 point
    Can she have those at the ready at the hearing, in case Cavalry makes an argument one of these cites would refute?
  50. 1 point
    Thank you, firsthardcheese, I somehow missed this comment when it was originally made. I return to court soon and stopped by again to read up a bit more on what I should do or say. As it stands right now, the opposing attorney hasn't filed any sort of opposition that I know of. I'm still a bit nervous, as other than what was in my original MTC, I'm not sure how to find or present New York case laws that favor arbitration to the judge in court.