WinInAZ

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About WinInAZ

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  1. Okay, I had to go to my office because I had left some of the paperwork there. So ,no it does not look as though they opposed my MTC. He did send me a letter but I see no opposition that was filed with the court. Here is a copy of his letter. Thank you for sharing this. It is quite overwhelming to me, but I will take a shot at it.
  2. I am going to do what he said, and call Bursey on Monday, but do I still need to file the objection? He also said if I don't then there will be a judgement. That's why I'm still seeking advice on what to say in my opposition.
  3. I don't understand how I can have a judgement granted against me when I have filed my answer and the MTC. So it's possible that I can't even argue my case? I wouldn't even know where to begin to file an opposition. On their MSJ it states "Your response to the motion must include: 1) A statement of facts, with each of the facts stated separately in numbered paragraphs or numbered sentences. A statement of facts must be supported by affidavits, exhibits, or other material that establishes each fact by admissible evidence. It is not enough for you to simply deny facts. You must present evidence that shows a genuine dispute of facts. 2) A memorandum of law that summarizes the issues , provides legal authority in support of your position, and describes why the judge should deny motion. In their motion are affidavits from a "Supplier Manager Lead of Barclay's Bank Delaware and a Midland employee. There is also a bill of sale. and then there's this:
  4. The situation I am in is that it is most important that I do not get a judgement. I would rather pay the full amount than take a risk of getting a judgement. I wonder though if at this point they will just say no, we'll let the judge decide.
  5. I guess what I'm really struggling with is knowing the judge will straight up ask me if the debt is mine. If I say no, I am lying. I'm just not okay with that. If I offer to pay the full amount, and Bursey refuses, does this give me any leverage in court at all? In the mediation order it said both parties should make a good faith effort to settle. I felt that I certainly did that. Does this not count for anything?
  6. This is the renewed MTC I filed on Jan 9. I did ask the court to order a stay. It's the last sentence. Defendant's Renewed Motion to Compel Private Contractual Arbitration (HEARING REQUESTED) “You have a right to file a written response to this motion within ten (10) days from the date this motion was served. Your response must be filed with the court, and copies of your response must be served on the other parties as provided by Rule 120 of the Justice Court Rules of Civil Procedure. The court may treat your failure to respond to a motion as your consent that the motion be granted.” I am requesting that the court schedule a hearing on this motion. Pursuant to Barclays Bank Delaware cardholder agreement, I have elected private contractual arbitration to resolve all of Plaintiff’s claims against me. See Arbitration Letter to Midland (Mr Bursey), attached hereto as "Exhibit A". As per the agreement, "ARBITRATION WITH RESPECT TO A CLAIM IS BINDING AND NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT." See Cardholder Agreement, attached hereto as "Exhibit B". In accordance with Arizona Revised Statutes §12-1502, I submit herewith a valid arbitration agreement and hereby make application to this court to order the parties into private contractual arbitration. A.R.S. § 12-1502 states in pertinent part: "On application of a party showing an agreement described in section 12-1501, and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration". Contemporaneously with my Answer, I previously filed this same motion with the clerk of this Court on December 7,2016, but it has apparently been lost as my attempts to locate it within the Clerk's office have been unsuccessful. I still have my copy my original Motion to Compel Arbitration and Mr Bursey referenced my original Motion to Compel Arbitration on page 2 of in his letter to me, as well as in his MSJ Plaintiff's Motion for Summary Judgment, which is evidence that even he received the copy that I served upon him in accordance with Rule 120, JCRCP. In a letter sent to me by Mr Bursey he states “I am in receipt of your Answer and Notice of Arbitration Election” it is also referenced on page 2 of his MSJ. In accordance with A.R.S. 12-1502(D), these court proceedings should automatically be halted pending a ruling on the submitted Motion to Compel Arbitration. Upon the Court's granting of my Motion to Compel Arbitration, I am asking the court to order a stay of these proceedings in general, and specifically to Plaintiff's Motion for Summary Judgment.
  7. Or, would it be better to email an offer today, before any ruling? I guess it's a gamble either way.
  8. So, is there still an opportunity to offer the full amount? What if I waited until there is a ruling on the MTC, and if it is denied, I could then offer to pay. At this point would it still be a judgement?
  9. I don't see myself in a good position. When ending the mediation they had a $500 offer on the table that they refused. The mediator gave plenty of opportunity for them to accept it, but there was no hesitation on their part. All or nothing was pretty firm on their end. I think they are pretty confident they are getting a judgement. I guess I can only wait until the judge rules on the MTC.
  10. He did respond to my MTC. It was originally filed with my answer. Bursey responded to that one. That is the one the court happened to miss, so I filed it a second time.
  11. @Harry Seaward @debtzapper @Goody_Ouchless I just noticed my docket has been updated. It says ruling on motion/compel, but there is no ruling. Any idea what this means?
  12. No, I never saw the judge. There was myself, a mediator, and an attorney from Bursey's office on the phone. So now do I have to complete the disclosure? I originally responded to each item with "none at this time, but I will supplement this disclosure statement as new information is discovered." That was really leaving it open ended. Can the judge now just rule on the summary judgement? That's what the attorney said she thinks he will do.