WinInAZ

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About WinInAZ

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    Arizona

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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 pr
  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
  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.