fisthardcheese

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fisthardcheese last won the day on February 15

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About fisthardcheese

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  1. fisthardcheese

    MTC Arbitration DENIED - No hearing set??!

    I would only be concerned about your appeal at this point. As a matter of law, your appeal should succeed and render all of the garbage they just threw at you moot. If the deadline for responding to these discovery requests gets close and you have not received a response to your appeal yet, then I would file a request for a 60 day extension to respond to discovery due to your pending MTC appeal. I would ask for 60 days, because I would expect the judge to cut in half whatever time you ask for.
  2. fisthardcheese

    Filed a MTC - Arbitration....Now What?

    They can't dismiss at this point without stipulated agreement from the OP. It is 99% guaranteed that they will do nothing until this hearing date just to make sure OP shows up. As long as OP shows up and has copies of the AAA paperwork showing that he filed in AAA and arb is now currently pending, the court is likely to set a new hearing date and be done for the day. The Plaintiff is not able to dismiss at this time without stipulation from the defendant. Therefore, any attempt at dismissal without first conferring with the OP should be met with an objection and a request to the judge for time to confer with Plaintiff on a stipulated agreement if they want to dismiss rather than follow the court's order to arbitrate. Once it is clear that they want to get out of arbitration, I would let them know that the cost for me to drop my COURT ORDERED arbitration against them will be for my costs ($200 plus any filing fees to the court) and a dismissal with prejudice in exchange for a dismissal with prejudice of my AAA claims. Bingo. This is a VERY important rule and this is why asking for a STAY once an MTC is granted keeps the leverage strongly on the defendant's side. You need to remember that this is YOUR case now. They want out of arbitration pretty bad, and you have the right now to tell them under what conditions you will agree to a dismissal because you have a court order to arbitrate now and their only choice is to work out a deal with you, pay the high arbitration fees, or be in violation of a court order.
  3. fisthardcheese

    Midland Funding Suing In NY

    After the court grants your MTC, you will file a case with JAMS and then you wait what could be up to 90 days for either Midland to ask to dismiss the case or for JAMS to close the case due to Midland not paying and then you go back to court at that time and ask for sanctions and a dismissal. I wouldn't wait at all once they violate the court's order to arbitrate. Your MTC does not have to be as long or complex as one an attorney has written. The Judge will know you are representing yourself and will not expect your motion to be exactly as precise and wordy. All you need to do is convey the main points and case laws to back up your points.
  4. fisthardcheese

    Midland Funding Suing In NY

    Okay. To each their own. I guess it's been long enough to expire off your credit report anyway, so it probably can't be that bad. It would just annoy me, personally. (In my experience, even after a dismissal with prejudice, there are violations to be found too. I can't say much more either)
  5. Ask for a stay only and choose JAMS. Since it looks like you already mentioned JAMS in your MTC, then that is fine. I don't think this is that imperative to choose one and mention it in the MTC, as I think it would be fine to just have a copy of the JAMS Demand form filled out and brought to court so if any question as to choice of arb forum comes up (or if the other side brings up something about you not filing yet or you not being serious about wanting arbitration) you will have the form ready to go and can show the judge you are ready to file now and are just waiting for the MTC to be granted by The Court. In fact, even though you have already mentioned JAMS in your MTC I would still bring 3 copies of that JAMS Demand form to any hearing you may have regarding arbitration for the other reasons stated. A stay, IMO, is better than a dismissal at this stage because it keeps the court's thumb on the Plaintiff to force them to either pay for arbitration or to work with you to settle under your terms. Having the court to fall back on when they ignore or refuse to pay the arb bill keeps the leverage on your side to eventually dispense of this case in your favor.
  6. fisthardcheese

    Midland Funding Suing In NY

    Why would you let a case linger for 10 years? With a granted MTC, the JDB is in violation of the court order along with abandoning the case. Why dont you file a motion and get rid of it?
  7. It is always a bad idea to call the attorneys working against you at this stage. The above is all you will ever get from them. Enough for the court to rule in their favor. The only good news to me in suits like this is that sweet little arbitration clause in the Barclay's card agreements. Anything else is way too risky for me to mess with, personally.
  8. fisthardcheese

    Midland Funding Suing In NY

    You're being sued. You can't avoid it completely. Court hearings are not to be feared if you are prepared.
  9. fisthardcheese

    Midland Funding Suing In NY

    When Midland doesn't arbitrate they will be violating the order made by the court to arbitrate the case. You then ask the court to sanction (punish) them for violating the Court's order. Usually just filing a motion asking for sanctions and showing that they are not complying is enough to get Midland to agree to a dismissal in your favor because the attorney does not want to answer to the judge as to why he disobeyed an order.
  10. fisthardcheese

    Midland Funding Suing In NY

    A stay is the preferred method of using an MTC, otherwise the case can be in limbo for years. You want the court's authority to fall back on when Midland refuses to cooperate with arbitration.
  11. fisthardcheese

    In arbitration

    Per the Federal Rules of Civil Court, you have the right to oppose any Petition filed against you. The opposition to their Petition to Confirm Arbitration Award would lay out reasons that the Court should not grant their Petition to Confirm. It does nothing to change or vacate the award, it simply would just not turn it into a judgement enforceable by the court. This is different than filing a Petition to Modify, Vacate or Correct an award, which is an action asking the Court to change the actual award. I see them as completely different actions. There is no way you can interpret the law to say that you are supposed to just bend over and take it when someone filed a Petition against you in Federal Court. Every petition has the right to be opposed in court.
  12. fisthardcheese

    Midland Funding Suing In NY

    @usctrojanalum does OP's county allow a general denial to be filed for an answer? That makes it much easier than parsing out all of the "no knowledge to form an answer..." responses.
  13. fisthardcheese

    Arbitration Overview and Strategy (2018 - Most Up To Date Info)

    That is just a standard letter AAA sends when any JDB fails to pay them. Eventually, if they stiff AAA enough times, like Midland has, AAA will immediately reject any filings between a consumer and the JDB, just like they now do with Midland. But court ordered arbitration from a granted MTC are always accepted.
  14. fisthardcheese

    Has anyone heard of merchant credit Adjusters?

    It won't. File the Answer first thing on Monday.
  15. fisthardcheese

    In arbitration

    Yes, we have already clearly stated that this is a extreme hail-mary pass at this point. It is likely to fail, but it is the only play left. It can buy a few more months if OP needs time to work on a BK. Also, even though just as unlikely, forcing the OC to go through the motions could turn up new violations to use in a counter and make settling more favorable as well.