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craneguy

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Everything posted by craneguy

  1. Its just been stalled out. I assumed it was denied although i have recieved nothing. Im thinking of filing for a motion to dismiss the case again.
  2. I dont have it scanned, i guess the court added the entry in their own. And from what im reading its good for me because they submitted about 10 pages of case law why it wasnt allowed.Ive just been stating the fact for arbitration per the contract.
  3. Have some new info im a little lost on. My case kind of stalled out, about a month ago plaintiff filed a motion to ask status of case since there motion for judgement was denied. And recieved papers today where they filed to vacate a minute entry that court added on its own the court interjected the CFPD consumer financial protection bureau, and showed a bunch of case law on how the court cant do that. Because it will effect all their future cases and cost extra money. I have 10 days to respond not sure what to make of this.
  4. So as long as my motion was in first they have to rule on that before the summary judgement correct. Do i just file another motion against the summary judgement stating that fact. My 30 days are up pretty quick.
  5. Would i of been notified somehow if the motion was denied, or do i just get a pretrial date.
  6. Im just not sure what to respond with for the summary judgement they filed.
  7. Sorry for the delay working 7 12 hour shifts forever. I filed a motion to compel arbitration and asked for dismissal of the case because i elect arbitration per the attached cc agreement.
  8. Recieved papers today Plaintiff sent in request for summary judgement for Orme School v. Reeves. Not sure on my next step i filed for motion to dismiss to elect arbitration a few weeks ago.
  9. Recieved papers today Plaintiff sent in request for summary judgement for Orme School v. Reeves. Not sure on my next step i filed for motion to dismiss to elect arbitration a few weeks ago.
  10. How do i file with jams. On the cc agreement it doesnt show an arbitrator but ive read they use aaa.
  11. Thanks for the advice everyone, sent a certified letter to midland and attorney demanding arbitration per the cc agreement. They also listed a witness based in Tucson who also filed an affidavit orsworn statement with the disclosure as to be a records specialist.
  12. Account was sold March 10, 2010. What really sucks is the SOL was up July 3. But too late for that if they already filed i believe.
  13. In my answer i did elect arbitration if it was proven to be my account and there was a clause for that in the cc agreement.
  14. Im going to try i might have messed up. My answer basically denied their claim because they provided nothing to prove the debt. But i pulled a 2007 chase cc agreement and there is arbitration election through aaa. I was going to elect arbitration at the pretrial conference. But i saw i should have mailed my request to them no more than 21 days after i filed my answer. Plaintiff has served me disclosure in mail.
  15. Update This is a very slow process i guess. Turned in my answer. And was told to wait for a court date in the mail. Been a few months and nothing yet. Midland sent me a packet full of credit card statements, its just the front page with balance on all of them.
  16. No if a had it would only have been from around 2008 at earliest
  17. I also still have bankruptcy in my back pocket. I will probably have 3 or 4 of these coming down the road. Should i just file the answer denying the debt so i can buy some time to file the bk. If i lose this case it will become a secured debt which they have more rights in bk.
  18. Chase dropped arbitration in first quarter of 2010 when the alleged default was. Dont think arbitration is going to work anymore. There is no arbitration clause in any cc agreement i looked at
  19. If the judge denies arbitration and proceeds to pre trial am i still able to argue the case the other way.
  20. Thanks for all your help. My 20th day is tomorrow so is it ok to send midlands attorney the letter to arbitrate and file my answer in same day. Or would i be better off just filing the asnswer denying the claim for lack of a contract to prove anything. Getting bervous that if i admit to debt and elect arb. If the court denies it im screwed.
  21. Should i attach a copy of cc agreement with my answer to. And am i required to send copies of my answer to the lawyer too.
  22. Do i put the motion for arbitration in the additional comments box or is that a seperate form.
  23. Filling out my answer right now, went to the court and no evidence was submitted just a complaint should i wait on arbitration clause till disclosure since this is supposedly not my debt and would have no such information.
  24. Thanks for your help. Yes i was served filing my answer today just dont want to mess it up. Its getting close to the 20 days.
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