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Showing content with the highest reputation since 09/11/2020 in all areas

  1. 2 points
    We all started the exact same way. By the end of this, you will be ONE OF US. Just continue to take a break and re-read everything and be slow and deliberate with both reading and responding. Perfect. Short and to the point, exactly how I do it.
  2. 2 points
    NO Whatever claims you have against them They are asking where the arbitration section is in your card agreement. Just list the page number and section number of the arbitration section. DO NOT CHECK. You don't send it to the JDB, you send it to their attorney who filed the lawsuit against you. I would strongly suggest you read the arbitration post again. All of this is spelled out in there. Also start reading everything carefully for what it actually says. Don't jump to conclusions and end up answering questions that are not asked. Read everything twice at the very least.
  3. 1 point
  4. 1 point
    No. There is no 3-person arbitration. This is just the start of your case, and the Admin is asking if you are representing yourself so that they can file it with the Pre-Se Admin staff. I would simply email back and state that I am representing myself pro-se and that this is a CONSUMER arbitration matter. He can object, and you can respond to the objection demanding an in-person hearing citing the consumer rule regarding such. Also state that you intend to ask Barclay's to present a live witness with first hand knowledge of your disputes and on-going issues with your account. Researching the laws and knowing what laws they violated should have been done well before filing the case. Regardless, you must do this NOW. You need to start working on a full brief that clearly lays out what happened, what actions you took and what actions or inaction THEY took and how those actions or inactions violated which laws. Both CA and Federal laws. Some laws to look up would be any California Unfair Business Practices laws (sometimes referred to as UDAP laws), the Federal Fair Credit Billing Act, the Fair Credit Reporting Act, and potentially the overly complicated Regulation Z part of the CFB (Truth in Lending Act). Since it is early, you have at least a month, so I would put together a formal brief and have it ready. The first step is that Barclay's will get a $5k bill from AAA. They will pay it. Then an arbitrator will be appointed and contact you to set a date for an initial phone conference. The initial conference call is to set dates for discovery and the hearing. During the call, ask the arbitrator for permission to submit a formal brief outlining your full dispute. You can ask for 30 days or so to have it submitted if you need more time to complete it. He SHOULD grant that. And he will also give the other side time to file a reply to your brief. After that, you need to figure out what discovery items and questions to send to Barclays to prove that the charge was not yours and that they did not refund any amount you paid in error and start to have documentation to back up your brief that can be presented at the hearing. Because of COVID, I would expect that an in-person hearing will likely be denied, but I would still push for at least a Zoom call hearing.
  5. 1 point
    Not filing a motion, but sending a letter that acknowledges you filed an MTC but they intend to circumvent that is a POTENTIAL violation. Nothing solid, but good enough that I would use it when I filed my JAMS case and let them spend all the money to counter argue that it isn't a violation.
  6. 1 point
    @momof3kids I am not a lawyer. This is where a consultation with an attorney makes sense. If you own property, or will own property in the future, and any tax refunds may be affected by a recording of this judgment. Have you considered bankruptcy with your financial situation? If so, a judgment may not be something to worry about if it can be discharged in bankruptcy. Again, an attorney would be able to advise you. You can't enter into a repayment plan if you may default on it in the near future. You shouldn't pay a lump sum for this debt if it will cause real hardship later on. In any case, you must get in writing what you agree to do and that they will file a satisfaction of judgment once you've paid the agreed upon amount. Here's some information that may be of some use for you if you decide you'd rather work through the court to set up a payment plan: https://michiganlegalhelp.org/self-help-tools/money-and-debt/there-judgment-against-me-i-would-make-installment-payment-plan# Good luck.
  7. 1 point
    Unfortunately there is no state form for this. You have to properly draft your own and follow the required format.
  8. 1 point
    When the cause of action (the legal theory of the suit) is an account stated, plaintiff submits an affidavit with an attached statement of the account showing the balance due that they are seeking a judgment for. No original account agreement is necessary. Under Michigan law, when a plaintiff brings a lawsuit under an account stated theory and submits an affidavit, the defendant needs to file an answer to the complaint's allegations and include an affidavit (notarized) of denial of the account or of the debt amount. Under a separate heading titled AFFIRMATIVE DEFENSES, the existence of an agreement to arbitrate is listed with the facts supporting this defense. Because this lawsuit is not under a breach of contract cause of action, plaintiff isn't required to submit the PayPal agreement. Because you are using this agreement as the basis for your affirmative defense, you need to furnish a copy of the PayPal agreement that applies to your account. I am not a lawyer! The only way I know of to save time on getting this answer done --if you do not have a copy of your Paypal agreement in your possession--is to state, "Upon information and belief, plaintiff as an alleged successor in interest of Synchrony PayPal, has in its possession a copy of the applicable account agreement." RULE 2.113 FORM, CAPTIONING, SIGNING, AND VERIFYING OF DOCUMENTS (C) Written Instruments. (1) If a claim or defense is based on a written instrument, a copy of the instrument or its pertinent parts must be attached to the pleading and labeled according to standards established by the State Court Administrative Office unless the instrument is (a) a matter of public record in the county in which the action is commenced and its location in the record is stated in the pleading; (b) in the possession of the adverse party and the pleading so states; (c) inaccessible to the pleader and the pleading so states, giving the reason; or (d) of a nature that attaching the instrument would be unnecessary or impractical and the pleading so states, giving the reason. (2) An attachment or reference to an attachment under subrule (C)(1)(a) or (b) is a part of the pleading for all purposes.
  9. 1 point
    @momof3kids At the top of the Complaint on page 2 it states : "VERIFIED COMPLAINT ACCOUNT STATED" They've included an affidavit and a statement of the account. This means that you will have to prepare your own affidavit of denial and get it notarized to submit along with your answer.
  10. 1 point
    (I am not a lawyer.) I don't believe you will get very far by claiming improper service. You knew about the summons on the day it was served. Your husband didn't fail to tell you or put it in a drawer where it was forgotten. RULE 2.105 PROCESS; MANNER OF SERVICE (J) Jurisdiction; Range of Service; Effect of Improper Service. (1) Provisions for service of process contained in these rules are intended to satisfy the due process requirement that a defendant be informed of an action by the best means available under the circumstances. These rules are not intended to limit or expand the jurisdiction given the Michigan courts over a defendant. The jurisdiction of a court over a defendant is governed by the United States Constitution and the constitution and laws of the State of Michigan. See MCL 600.701 et seq. (3) An action shall not be dismissed for improper service of process unless the service failed to inform the defendant of the action within the time provided in these rules for service.
  11. 1 point
    First you need to find out if they filed for a default judgment. If you didn't file an answer timely you may already be up a creek and forced to settle. Follow what @Brotherskeeper suggests. This is his area.
  12. 1 point
    I have updated this post to include a sample Proposed Order for the MTC and also instructions for filling out the JAMS and AAA Demand Forms to start an arbitration case.