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fisthardcheese last won the day on July 14

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About fisthardcheese

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  1. You know me. Always rolling over and not strongly enforcing my consumer rights. 🤣
  2. There is no way the 22K case should have been a documents only desk arb. It should have been an in-person hearing with discovery. Additionally, if OP has proof they paid the filing fee for the AAA22K, then the arbitrator's award is in error by saying they did not pay, thus allowing him to rule on it (in addition to never having it filed as a counter claim allowing op to ask for that in-person hearing in addition to refuting the claim). This thing seems to be a Benny Hill episode with the worst attorney and arbitrator combo you could ever imagine.
  3. Go to the courthouse and get a copy of what she filed.
  4. Wait until you are served. In the meantime we can offer much better help if we know the following: Who is the JDB Who is the OC What is the year of default Would this be in Small Claims court
  5. Boom. Textbook arbitration use with Midland. Congrats. That "with prejudice" is the best you can get.
  6. So the question is, did AAA ask YOU to pay your $200 and you never paid it for the AAA22K? Because if that is true, it would have saved a ton of time on this issue. Second, I see several inconsistencies with the arbitrator's statements in this case. So in the meantime, for your court hearing, I re-work your response to her MTD your Sanctions and show the court that SHE is the one who wrongly co-mingled the cases in AAA and refused to keep them as separate cases intentionally and caused confusion and frivolous issues to arise because of it. I also would use the language in the Card Agreement arbitration clause that says arbitration should only be on an individual basis and show that she disregarded this by forcing the combination of two cases in AAA. As for AAA, there is no right to an appeal, but they do have an OPTION, which often they will say requires consent of both parties. It is unlikely the attorney will consent, BUT I would send an email to the case manager and explain that the other side attempted to combine two seperate cases, that the arbitrator told you that he is only hearing case#X and therefore you never rebutted info about case #Y yet the arbitrator allowed the other side to present Y AND he ruled in their favor on Y. I would tell them that the arbitrator erred by telling you he was only looking at one case, but instead ruled on 2 cases and also I would point out to them that the combination of the cases by the arbitrator is counter to the contract agreement to arbitrate (show the same line from the card agreement as above). It's a long shot, but I would be at least raising a stink to AAA about the arbitrators inconsistency on this issue. And lastly, since this is in small claims court, I would check on your ability to appeal. If the judge allows this convoluted thing to stand and accepts the arbitrators award, then I would file an appeal and then perhaps do an MTC all over again in the higher court.
  7. It is going to be best to start a new thread for your other cases as to not get things mixed up and confusing in this single thread with your MSJ case. According to the rule you posted, it appears you would need to file a Motion For Leave To Amend Defendant's Answer To The Complaint. In the motion, you ask the court for leave to file an amended answer due to new information. You then add your new answer with that motion and file them together. Also you would send copies of both items you file with the court to the attorney as well.
  8. If she actually filed all the AAA3K documents as evidence, then yes, absolutely ask that they be stricken from the record as irrelevant. If it were me I would even say something about her including a completely different and irrelevant case from AAA into her brief is further proof that she is the one attempting to co-mingle two distinct and separate cases intentionally in order to delay, confuse and obfuscate this case. Also, I would save this for the hearing should she continue to bring up the AAA3K or pretend to be "confused" about the mixed up cases - but she is an attorney and there is no way she is this confused over handling 2 different cases at the same time. This seems very intentional. I would tell that to the judge in person should she continue this mess.
  9. I would immediately file an amended answer in those other cases. (of course look up your courts rule to see if you need court's permission first). In this case, I would try an MTC since it can't hurt you and anything can happen so you might as well try. Wait to see how they respond to the MTC and your opposition to their MSJ to figure out the next steps.
  10. No. Just file an MTC in court, then send the ATTORNEY a copy of the MTC like you do with anything you file with the court.
  11. Too bad you didn't read and ask here before filing your answer or we would have suggested to use Arbitration as an affirmative defense in your answer and have a sure way to beat Midland. Now it will be extremely tough. You need to respond to the MSJ and assert your SOL defense as a genuine dispute to be determined at trial. You COULD try to file a Motion to Compel Arbitration, but FL makes that very tough if you don't mention it in your answer. It might at least help get past the MSJ however, by asserting another genuine issue that needs to be addressed by the court.
  12. Your MTC was granted. They did not object to the card agreement you used. File in JAMS with that card agreement. It is now the "correct" one either way.
  13. If she doesn't show up, she would be, for a second time, refusing to abide by The Court's order. I would remind the Judge that he ordered the parties to appear in person and state that this is the second time Plaintiff has failed to follow This Court's orders and ask that your Motion for Sanctions and Dismissal with prejudice be granted.
  14. Well, either way, she has done nothing to remedy it and continues to make the argument that Case X is Case Y, when clearly everyone can see the case numbers and dates and details of each case. It's not like she can prevail in that argument once the case files are looks at in court. I just wish I could be in that courtroom when this happens.
  15. I don't know. She hasn't done it yet, which is very odd and unprofessional to me.