FWM1A

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About FWM1A

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  1. @Brotherskeeper - I could certainly attempt the stipulation. However, I've called the lawyer twice already today with no answer. In any event, how do I oppose their motion for summary disposition? I feel like that's pretty important since it's coming up the quickest (June 13th, with bench trial on June 15th, just to recap). Are there any examples on the forum that you know of that would give me an idea of what it should look like? I've searched myself but have not been able to find one that fits my situation. I believe I have 13 days to oppose since I received their motion by mail (the deadline is Thursday of next week).
  2. @Brotherskeeper - yes, they filed the motion for summary disposition on 4/28, but they received my notice to elect arbitration on 4/11. It appears to me that they are completely ignoring the arbitration clause in the cc agreement, and instead have attacked my answer in their motion for summary disposition. Regarding whether I'm up for it...well, I have far more important things to deal with (my health, school, financial situation, etc) than this case, and I already have time conflicts with scheduled court dates and exams (not a huge deal, but another headache, yes). In addition, I have little faith in my ability to write a decent motion to compel arbitration considering MI laws, even after my research. This is why I didn't file the MTC when I (apparently) should have, but I wasn't aware that the window to do so was this small. Given all of this, I am calling midland to see if they will settle for a portion of the alleged debt. I'll report back. If they do not agree to settle, I will very seriously consider continuing with arbitration on principle alone.
  3. @CCRP626 - this may sound stupid, but at this point since I already filed an answer and all that jazz, I was under the impression (again, probably incorrectly) that I would have to go through their lawyers with anything like this? No? I'm stupid? Yeah, I know. Lol. It certainly wouldn't hurt to give Midland a call but I won't get my hopes up...I'll contact them. Hopefully they are understanding and adhere to their pledge. It's seriously one crazy thing after another with my health. I'll let you guys know.
  4. @Brotherskeeper - yup. I was waiting to see if they would respond, dismiss, or what. No dice. Guess who got a Motion for Summary Disposition in the mail today? And the court date is on my birthday of all days, how serendipitous. I've been ill again (such is life with an autoimmune disease), and somehow even poorer with the lovely new pile of med bills. So I'm really coming up blank here. I'm stressed, tired, and very sick of these guys hounding me. Any advice or am I screwed, here?
  5. @Brotherskeeper @debtzapper - yep! I did everything correctly. I've had the same individual helping me on the phone and in person (he was also the clerk who signed the affidavit for me while I was there, and answered any questions I had regarding the affidavit). Since I have a car payment/rent but no income currently, they asked me to describe on the affidavit how exactly I am paying for those (the generosity of my SO until I am back on my feet) so the Judge understands. Seemed like an invasion, but another clerk said it "wasn't going to fly" if I didn't offer some kind of explanation...definitely felt like I was being criticized for my situation. Very embarrassing. Anyway, sorry for such an unnecessarily long story, just thought it may be helpful for anyone who might come across this issue. Also, I did ask if it was possible for the Judge to have missed it, and I was told that he saw it because it was along with my Answer, just didn't sign it. Again, I haven't the slightest clue why. Sigh.
  6. @Brotherskeeper - Update: just called the court...apparently the Judge did not sign the Fee Waiver. It was not denied, nor was it approved - I do not know for what reason, but I am assuming there is some confusion considering it is unheard of for a defendant to submit one. Also, the green card was signed, yes. I was told over the phone that I have a bench trial scheduled for mid June. Which I'll also have to read up on.
  7. @Brotherskeeper - thank you for being active in my thread over the weekend. My beau had a (minor) surgery and I've been his aide...I had to mentally shut down from this case for a minute. I did receive the green card back on Saturday, by the way. I caught myself up on the many posts this thread has received since I have been away, and am just slightly confused, lol. I have received no word yet from the court OR the plaintiff's lawyers regarding my Answer. I suppose they quite recently received my notice to elect arbitration, but like you said, I certainly shouldn't count on them responding. What is my next step? Seems to be some conflicting opinions on whether to contact JAMS. Also, is a MTC Arb 100% necessary yet or should I wait to hear back from the court/plaintiff? Again, apologies for my absence, and thank you for the ongoing input.
  8. @Brotherskeeper - Thank you again! I did not yet receive the green card from the notice to arbitrate. Today I just sent out my Answer (the post office says it should arrive to them by Saturday), and filed my Answer with the court. I also wanted to note for anyone in my situation - the clerk(s) found it very strange that I was submitting a fee waiver. Apparently I was one of the very, very few defendants they had seen file one, and said generally it is only the plaintiffs who submit them. They said the worst that can happen is the judge denies it, so I did submit it anyway. Also wanted to say that I spoke to the clerk briefly about junk debt collectors and he said he has never seen Midland move on to arbitrate. That said, he also mentioned that they come after people for less than my alleged debt, so...not all great news. I will read through that info you posted and let you know when I get back the certified mail card. Thank you x 1,000,000 Brotherskeeper.
  9. @CCRP626 - I will do so...I assume I send this: http://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf to any JAMS location I want from this list: http://www.jamsadr.com/locations/ Can I really pick ANY location? I would bet almost anything that it will never go that far, but I would choose Dallas since I have a friend there and would never be able to afford a hotel. I would like to wait on this to hear the plaintiff's response. With any luck they will drop this, as this alleged debt is really very quite small compared to many I have seen here.
  10. @Brotherskeeper - I hadn't even really considered that...fantastic point! It shall be submitted tomorrow. Hopefully I get an answer quickly, though I fail to see how it wouldn't be granted. I have less than $50 in checking. Rough times, guys. :/ I may even submit everything else tomorrow, too, though I want to give it a 10 x over. Already caught a couple screw ups on my end, as per usual, hahah.
  11. @Clydesmom - ahhh, okay. Thank you for your help. I will submit it tomorrow then after all (just in preparation for the worst case scenario).
  12. @Brotherskeeper - I went to the court to turn in the waiver of fees document - they somehow did not have a notary and I was told it only costs $20 to put in a motion if that is what I must do...the clerk kind of talked me out of the fee waiver application, and it looked as if it were the first time he was seeing the thing. I'm certainly not well off, but $20 is doable unless there's something I'm missing here? Would the fee waiver also free me from paying a JAMS fee if they decided to pursue? I thought the arb agreement stated that the cost was the plaintiff's responsibility. If that's not the case I'll have it notarized elsewhere and submit it tomorrow. I have my big stack of papers ready to submit any time, as well. Which, by the way, for anyone in my shoes reading this thread wondering how to physically compile their documents: staple "like" things together, submit with entire Answer, Affidavit, Exhibits, etc. bound by clips or simply stapled. My court was not particular - the clerk literally said "we really don't care here." Lol. Things are moving along. Thanks again, Brotherskeeper.
  13. @Brotherskeeper - That short certificate of service must be on a separate piece of paper, I take it? Now, this might be a legitimately stupid question, but I can't seem to find an answer anywhere - how exactly do I mark exhibits...? I've seen mention of stickers on the web, but I'm at a loss. For that matter, I'm not sure how to compile the docs - should I staple the separate things to organize them - staple the card agreement, answer, etc, so I'm not just handing the court a stack of papers? Given to them in a manila envelope? Can't believe I'm asking about the logistics...I'm so close to having this chapter finished!
  14. @Brotherskeeper - and do I have to send the copies of exhibits to the plaintiff, as well? This pile of papers is turning into a novel, lol.
  15. @Brotherskeeper - thank you so much for the corrections. Few questions really quick - Should the Affirmative Defense section be on a separate page? Don't want to format anything incorrectly. Is this the "proof of service" you spoke of? http://courts.mi.gov/Administration/SCAO/Forms/courtforms/probate/pc564.pdf If so, do I also include the Notice to Elect Arbitration that I sent out yesterday? Lastly, does the court get all of the originals and myself and the plaintiff get copies? Overthinking things. About to head to the courthouse and get my fee waiver turned in. Feel like I'll be there quite a lot in the next couple of days...