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Everything posted by GRRRR101

  1. If you mean the Oral hearing, Yes. It was the pre-trial hearing prior that which the Plaintiff didnt appear. Also, the Plaintiff has not to my knowledge denied the comtract exist. I can upload their Opposition to you and also the court filing history doc that shows all the actions to date?
  2. Yes, I filed a Reply to theirOpposition. Thanks for taking time to look it over. I just spoke with the court clerk and they haven't did the calendar scheduled for the PTC. I was just wondering if I should file another MTc or some request to set aside the denial of my motions. It seems the Plaintiff was able to get my MTD set aside when he missed his court date.. Just wondering .
  3. Well, it seems that I finally screwed this up royally. I had my date wrong for the Oral Appearance and missed it so I'm screwed. I immediately contacted the court and they already dismissed both my MTC and The MTD due to thePlaintiffs no-show. I received that notice and all it states is there is another Pretrial Conference but I don't see a set date. Since they dismissed the motions does that mean no Arb and going straight to court? Funny how it is ok for the Plaintiff to miss but not the defendant. Iwas so upset. I think the date on the website either changed or I just had it wrong. I have so much crap going on with different agencies and stuff I'm just overwhelmed and feel like giving up since I am unemployed again now and have no income at all. Any ideas going fwd? I plan on checking the court website later to see if there is more info available since the clerks are of little help. It's funny that the notice the plaintiff sent me I found 1 morning I the street all wet and torn from the rain. why didn't it get sent to my mailbox I wonder.
  4. Actually, I did what you or someone else mentioned a while back on this...I went in and filed a MTD based on the no show for the Pre-trial conference (Plaintiff didn't show for the telephonic appearance), and instead of dismissing like the Judge said he would at the PTC if the Plaintiff didn't have good reason he didn't dismiss. Instead they scheduled an Oral argument hearing....for this Friday. I received a motion to strike my MTD from the Plaintiff stating that he didn't appear because when he called the clerk didn't put the call through ..(some bologna like that). Apparently the judge did not require this reason to go in writing which is why I assumed the Plaintiff didn't respond with a reason for the no-show. Now, I'm stuck still dealing with this crap, and I'm unemployed now. I even wrote in the MTD that I lost my job shortly after I took off work to attend the PTC, and the Plaintiff didn't show up.
  5. Its sad that errors like this can happen in court. I hope they get it straightened out.
  6. I mentioned a while back, in the beginning stage, that the on-line filing is not accepted or recognized for most of the courts listed on our court website. Even though it allows you to walk through the process, they hadn't made filing available to other counties yet. There is wording that hints to that fact once you get to the EZ Turbo filing pages. If you indeed submitted online paperwork, it could be the reason for there being no record. with the court. perhaps.
  7. I'm not sure acually. I saw that a notice was being mailed this week to me regarding an Oral Appeance. I'm guessing that the Plaintiff replied with some type of acceptable excuse as to why they did not appear and the dismissal was not approved. They only other info I saw on the court records was that the Plaintiff's document summary that the judge hadnt received yet when I mentioned it at the PTC, were received by the court 2 days after the PTC. heres a overview. PTC on Nov. 21 plaintiffs docs summary rcvd 11/23 i filed my response to the opposition to dismiss my MTC ARB dec. 1-(which was my deadline for ext. that was granted at the PTC) As of dec 1 the clerk had no update on the dismissal or foregoing case status. I checked court database a few days ago and all i saw was the oral hearing date scheduled - notice mailed 12/7. I havent rcvd it yet.
  8. I went online and checked the case status, which shows only a court date for an oral hearing next month. Is that going to be the date that we present our arguments and the Judge decides yay or nay on the Arbitration? I suppose I need to contact JAMS to continue on the case now and find out how to present the request for the filing fee from the Plaintiff. I'm sure they will give me a hard time on that. I also mailed my Response off to them later than I was suppose to so hopefully that doesn't become a huge issue. Well at least the date is after Xmas.
  9. She knows, and she agreed to the temporary hold . If the Plaintiff still argues about my application not being official if it wasn't paid for yet. But the Judge wouldn't order a judgement for Plaintiff on those grounds if I show correspondence with JAMS and an application at least, right? I checked the case status and I see the Plaintiff's Proof of Discovery of Service was filed 2 days after the Pre-trial date. They may just try to wait until the last day to file something to make me think it's over; but little do they know I will still be filing my response to their Opposition to the MTC to Arb tomorrow.
  10. Thanks to you guys! I am just thankful tor the knowledge I am recieving here. I wouldnt say I wasn't nervous though because I was. But I got through it with what I learned. Judges and court rooms make me extremely nervous sometimes, but the Judge had a very nice demeanor which set me at ease and i managed to not forget everything. lol . Thank you and Happy Thanksgiving too!
  11. Lol, thats funny, "way easier money waiting!"Yes, if they come back I will be ready and more prepared. My only delima now is just wasting more time on prepping my response to their Opposition, but i guess I have to still cover my apples (pending dismissal). JAMS inquired about the PTC status yesterday, but I don't think the process started quite yet(file format issue with my application). If I proceed and The case is dismissed am I liable for the JAMS fee? Should I try to hold off the processing? The JdB based his Opposition Memorandum on the fact that ARB is unofficial and unpaid.. Does the judge merely need to see my intent to file demand for ARB in my reply to the Opposition to MtC ArB? Plaintiff does have a copy of my demand for ARB but its sounds like Game of Bluff. I hope one day a loophole is discovered that allows a huge Class Action Lawsuit against JDB for unfair business practices or something.
  12. Lol. I wouldn't have known ask for dismissal had I not read everything here, even though I figured it was a longshot. IAt least it gave me time to prep tmy response to Op. Im expecting them to give an excuse but hoping but even then they could come back later, unless it's with prejudice , right?.
  13. Update: PT CONFERENCE So i went in to court and had a very nice judge by the way. Judge called a different case first- but I'm almost certain it was the same Jdb that is suing me ..... I went next..., no attorney appeared. The judge asked if i had received the request from the plaintiff's attorney of their telephonic appearance. I said No, but did rcv their Discovery Summary & their Opposition to MTC- Arb., which the judge hadnt rcvd. He asked how i wanted to move since Plaintiff was a no show, or no call. I asked for a dismissal. He said its early in the stage, but he would grant it if he didnt rcv a good reason for the Plantiff's absence within 10 days. He granted me a 10 day ext. on my response to the Opposition memorandum. Then he asked , for the record-how I would have replied to the Plaintiffs request for telephonic hearing appearance. I said it wouldn't have been a problem. Would a No reply worked better in my favor for something other than just creating an inconvenience for Plaintiff? I didn't consider that until later) . lol That was it pretty much. Any pointers or opinion on this would be appreciated . Is there anything I should have done, said, or asked for?
  14. Disregard. this was drafted yesterday. website or pc issues.
  15. thank you, I understand better now, with the PTC tomorrow the debt fees are irrelevant and unimportant. So does this mean I dont have to worry about challenging the discovery docs and affidavit, chain of ownership and all that other stuff right now? My head is spinning with all the docs they sent me. The first line of their memo of opposition states my MTC Is not lawful because i filed a motion to dismiss. which i did not. I only stated the request to dismiss. or stay, per arbitration binding agreement in my MTC.
  16. Thank you very much.. I think my stress is the fact that I had it in my mind that since the plaintiffs opposition was filed on 11/11 it expires the same day of the pre-trial conference, which is in about an hour. The main thing is to prove i have a right to Arbitrate , which is what the Plaintiff is opposing to on very weak grounds I might add. If I run out of time do you think it's best to just jot down some case law and request a few days extension on the my reply to the opposition to compel arb? It kind of sounds like I don't really need to worry about that but it's preferred to have it if I can, correct?
  17. Ok. So just to make sure I have this right. I do not need to respond to the disclosure statements which came with witness affidavits and chain of contract ownership; just stick to the MTC for now then, right? The affidavit and all that are addressed at a later time during trial or Arbitration hearing?
  18. Ok thank you. I was afraid I might be sent to discuss a settlement and wanted to just understand the playing field should i want to maybe consider settling. My life is crazy right now and I cant really put all my focus into it. That is the main reason I concerned myself with whether or not the fees and interest are collectible after chargeoff by Jdb.
  19. Actually, I am listening and I hear you loud and clear! I am going through the paperwork and just took note of things that I want to know along the way so I understand . Asking those questions now doesn't mean I'm not listening- or don't appreciate all the advice being given, because I truly do. The Plaintiff happens to mention the cost in the memorandum opposition to my MTC. I just wanted to insure that I'm addressing everything I need to.; and not caught off guard. Attorneys don't always play by the book and I'm not experienced in these types of court proceedings. On another note, I respectfully want to point out that I am a 43 years old woman and talk to my 6 year old in that tone you took with me. You all are helpful but please dont comment if you are feeling irritated with my questions, it comes off a bit demeaning.
  20. The Dec. 2015 statement shows over $400 of just late fees and interest, and that's only for that year. Since I wasn't really purchasing anything since 2014, it's kind of relevant that 2014 last statement showed over $200 fees/interest for that period to. It seems like they chose to close the account in Jan. so the last statement would only show $0 interest/fees when all actuality that entire &633. is dang near nothing but fees/interest., period. Trickery if you ask me. . I'll see if I can find that info on the interest /fees rules, it is likely not relevant in AZ vs. CA and other states. Either way, by the time they get judgement I will only have my 1 part time min. wage job, which I'll be sure to keep my request for reduction of garnishment for income hardship handy in court at all times.
  21. $633. The $6 is only the difference of the total Purchases vs. Total Payments over the course of the account. I paid $617 in payments over 2 years, I purchased $611 items over that time. So I was merely noting that the debt they are collecting is nothing but late fees and Interst. But if they are able to collect that then it doesn't matter anyhow I guess.
  22. It's Midland Funding llc. The OC was Credit One Bank. Total is $630. It looks like only $6 of that is for actual unpaid purchases. Ok, so in that case , you're saying that means the junk deb buyer can collect those interest/fees in court after account was charged off then?
  23. Is it a good idea to state in my response to their opposition to compel arbitration that they have included a doc that clearly states they acquired my account in a pool of purchased debts and therefore they have not suffered a loss due to the fact that they willfully bought/acquired the debt based on Scienti et volenti non fit injuria - “An injury is not done to one who knows and wills it.” ? I have heard mixed opinion on this subject on another forum before I found this one.
  24. Sorry, I'm so boggled with time I really didn't provide details didn't even have time to thumb through the docs again. They have so much crap paperwork with this I even have things that don't apply to my case. So may affidavits from people in totally different states swearing that they have knowledge of my account and all that. A bill of sale of real property.... I'm so lost, they are talking about a auto default and this is for a credit card from Capital One that only gave me $300 credit line, actually $225 since I had to pay the security fee up front. The debtor is Midland Funding llc. I wish I had a scanner. I will try to take some screenshots and upload them. This is too much, they are all over the place with this. Bad enough they listed the wrong county on their complaint. Any help would be appreciated.