DSH61

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About DSH61

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  1. The Clerk said she would be giving me legal advise if she answered that question.
  2. Am I able to file a summary judgement before the court date or can I file it on the day of court? or should I file a continuance? Thanks
  3. Crown did not answer discovery within 30 days, their 30 days fell on the weekend of the arrival of Harvey my mail service has been suspended indefinitely I wouldn't know if I have received an answer. I do not have time now to issue another letter telling them they have 7 more days as the court date is set for September 13 A. Should I file a Summary Judgement? B. Should I ask for continuance? Thanks
  4. What happens if the plaintiff does not answer the discovery by the 30 days?
  5. Arbitration was denied by the Judge because of the Small Claims Court clause in the Card Agreement. Requested permission for Discovery was granted another trial to be set for 90 days. Lawyer acted as if he was irritated that the judge gave permission for discovery, and left the courtroom quickly! this is what was handed to me by him. So now what? go with @texasrocker strategy or is it too late? IMG_20170614_0005_NEW.pdf IMG_20170614_0004_NEW.pdf IMG_20170614_0003_NEW.pdf
  6. I did not file an affidavit with the MTC Just want to ask if the Judge says that it is considered small claims and will not grant arbitration can I ask for a continuance to prepare for defending myself by asking for discovery? Or have I just lost by admitting the debt is mine by producing a Card Agreement?
  7. Its basically the same some wording is different and it offers JAMS not just AAA I think it would be the one from 2012 when account was opened, the one I got from the internet was supposed to be from the same year.
  8. I took the MTC to the clerk and she told me of the bench trial date. June 14, was something supposed to happen before the court date? she stamped the papers and made a copy and I sent that to the lawyer.
  9. Hello Everyone! I received a stack of papers from the Lawyer today less than a week before the bench trial. Can someone help me figure out what they have sent me. Included in the papers is " BUSINESS RECORDS AFFIDAVIT" "NOTICE OF FILING BUSINESS RECORDS AFFIDAVIT" "BILL O SALE AND ASSIGNMENT" "CREDIT CARD AGREEMENT" about 10 or 15 copies of statements. I don't understand what they have sent me. The Credit card agreement is different than the one that I filed with the MTC. What should I say when I go to Court about it being a different Credit agreement, what would I say if they say that Arbitration does not apply? Please Help all advise is very much appreciated! @fisthardcheese @debtzapper @Harry Seaward@HellGato @pockets66
  10. Its about a week from the bench trial. Can anyone give an idea what will possibly go down on the day of court. Thanks!
  11. Filed MTC today I did not send a letter to the attorney. Bench trial is set for June 14th at 9 am. now just going to study everything about arbitration! Wish us luck! Thanks for everyone's help!
  12. I postponed the MTC for arbitration, and am looking into submitting Discovery as I would like to see what they actually have to bring to court and also if I go in to arbitration I would like to know what they have on the table. my credit card agreement states: Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment entered. Neither you nor we waive the right to arbitrate by filing or serving a complaint, answer, counterclaim, motion or discovery in a court lawsuit, To choose arbitration, a party may file a motion to compel arbitration in a pending matter and/or commence arbitration by submitting the required AAA forms and requisite filing fees to the AAA Thoughts anyone
  13. I postponed the MTC for arbitration, and am looking into submitting Discovery as I would like to see what they actually have to bring to court and also if I go in to arbitration I would like to know what they have on the table. my credit card agreement states: Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment entered. Neither you nor we waive the right to arbitrate by filing or serving a complaint, answer, counterclaim, motion or discovery in a court lawsuit, To choose arbitration, a party may file a motion to compel arbitration in a pending matter and/or commence arbitration by submitting the required AAA forms and requisite filing fees to the AAA Thoughts anyone
  14. What do I need to put in the letter to the attorney?
  15. @fisthardcheese Will this be appropriate for filing with the court tomorrow? What is exhibit A ? is it a copy of this motion that I send to the plaintiff? exhibit B is that the entire card member agreement or just the part that pertains to Arbitration? Thanks for your help! MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND DISMISS OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION NOW COMES Defendant (xxxxxxxxxxx), appearing Pro Se for its Motion to Compel Private Contractual Arbitration and as grounds thereto states the following: 1. That on or about January 24, 2017, Plaintiff filed its Complaint against Defendant. 2. Defendant sent a letter via certified mail to Plaintiff's attorney on April 19, 2017, electing arbitration with AAA and requesting dismissal of this case (see Exhibit A, attached). 3. Defendant moves this court to compel binding Private Arbitration based on the terms and conditions of the Credit Card Agreement (see Exhibit B, attached). 4. The parties are bound by the Credit Card Agreement. The Arbitration Agreement states among other things: (a)You or we may arbitrate any claim, dispute or controversy between you and us arising out of or related to your account, a previous related account or our relationship (called “Claims”). ( If arbitration is chosen by any party, neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim. (c) Arbitration may be requested any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment entered. Neither you nor we waive the right to arbitrate by filing or serving a complaint, answer, counterclaim, motion, or discovery in a court lawsuit. To choose arbitration, a party may file a motion to compel arbitration in a pending matter and/or commence arbitration by submitting the required AAA forms and requisite ling fees to the AAA. 
 5. The Federal Arbitration Act (FAA) 9 USC, Section provides: “A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract, transaction, or refusal, shall be valid, irrevocable and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract”. 6. The Supreme Court Ruling, decided April 27, 2011, AT&T MOBILITY LLC v. CONCEPCION ET U, states that courts must enforce arbitration agreements according to their terms. If there is an arbitration clause in the contract, that clause must be honored. "We have described this provision as reflecting both a “liberal federal policy favoring arbitration,” Moses H. Cone , supra, at 24, and the “fundamental principle that arbitration is a matter of contract,” Rent-A-Center, West, Inc. v. Jackson , 561 U. S. ____, ____ (2010) (slip op., at 3). In line with these principles, courts must place arbitration agreements on an equal footing with other contracts, Buckeye Check Cashing, Inc. v. Cardegna , 546 U. S. 440, 443 (2006) , and enforce them according to their terms, Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ. , 489 U. S. 468, 478 (1989) ." Furthermore, "The “principal purpose” of the FAA is to “ensur[e] that private arbitration agreements are enforced according to their terms.” Volt , 489 U. S., at 478; see also Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp. , 559 U. S. ___, ___ (2010) (slip op., at 17). This purpose is readily apparent from the FAA’s text. Section 2 makes arbitration agreements “valid, irrevocable, and enforceable” as written (subject, of course, to the saving clause); §3 requires courts to stay litigation of arbitral claims pending arbitration of those claims “in accordance with the terms of the agreement”; and §4 requires courts to compel arbitration “in accordance with the terms of the agreement” upon the motion of either party to the agreement . . . " 7. The Defendant elects arbitration to settle this dispute. WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration pursuant to the Cardmember Agreement and to dismiss Plaintiff’s complaint due to Lack of Subject Matter Jurisdiction or in the alternative, to stay proceedings pending contractual arbitration. Respectfully submitted this day April 19, 2017 (xxxxxxxxxxxxxx) Defendant, pro se