SingleMalt

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About SingleMalt

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    Michigan
  1. Yup. This works, however, and should be more resilient to web site redesigns in the future: http://courts.mi.gov/search/pages/results.aspx?k=benchbook
  2. HSBC's cardholder agreement states that Arbitration is elect-able by either party. It says: In my Answer to the JDB's original complaint I said: And in my Motion where I (re) requested Arbitration, I stated: I think I have beaten the court over the head on this point, but again, this is Michigan, and Michigan is VERY anti pro se. I'm just pinging y'all to see if there is anything else I might need to think of on this point. Many thanks!
  3. Hi folks. I've been on a credit repair programme for about 6 months now, and I've been learning and posting over on DB for a while. I've been lurking here as well, and wanted to get your thoughts on my latest dilemma regarding an ongoing legal battle with a JDB. Summary: - JDB files Complaint for $700 - I file an Answer which includes counter-claims, and a Motion to Order Private Arbitration - Judge issues order for mediation - I file Motion to Correct Order for Mediation and Compel Arbitration - JDB does not show up for first mediation hearing, and shortly thereafter notifies court that they want to dismiss - Court dismisses JDB's claims, without prejudice - JDB sends a proposal for mutual dismissal, I sent back a counter proposal - JDB got ticked off at my counter proposal, files Motion to Reinstate Claims, and files Motion for Summary Dismissal of Counter Claims - Court scheduled hearing for January 7th on all outstanding motions - I file responses to JDB's Motion to Reinstate Claims and their Motion for Summary Dismissal of Counter Claims - JDB files response to my Motion to Correct Order for Mediation and Compel Arbitration In their latest response, JDB unsurprisingly argues that arbitration should not be granted. Their thinking is that since I answered their complaint with counter claims that the inclusion of counter claims means that we have waived our right to arbitrate, since we are now seeking remedy via litigation. My strategy, of course, is to get Arbitration ordered, as in this case, they would need to cough up the $1500 JAMS fee, per the cardholder agreement (HSBC), so I am not keen on losing this Motion. (I am also looking for an attorney to help, but it is the holidays and all, and everyone I have talked to is too full with work to take on a new client). I am very concerned that the judge will deny all motions simply because I am pro se. This action is in Michigan after all. Questions: - I am neck deep in motions, answers, responses, etc. How far does one typically go with these motions? Do I now file a counter-response to their response to my motion? - Does their thinking have any merit? If I do file a response, any thoughts (or case reference) on how to proceed? I am including the relevant part of their response here, if it helps: