Jeepfreak81

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About Jeepfreak81

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  1. Jeepfreak81

    Just Sued by PRA - What now?

    Thanks for the tip as usual. I went and got my Affidavit's notarized a couple of days ago. I'll make a cover sheet for my card agreement and mark it as an exhibit. So I'll be bringing for each case, my MTC, Card agreement, and notarized Affidavit. The pre-trial is Wednesday, getting nervous. Sound like its not supposed to take too long though. Any last tips, words of advice, or other things I need to bring. Do I just tell them I want to file my MTC because the agreement states if either party wants to arbitrate then we must arbitrate? Thanks again to everyone that's helped so far.
  2. Jeepfreak81

    Just Sued by PRA - What now?

    Excellent idea, thanks!
  3. Jeepfreak81

    Just Sued by PRA - What now?

    Hi again everyone, I'm preparng my affidavit to have it notarized this week, my pretrial is in 11 days. I have a couple questions that I want to be sure I get right seems I'm only going to get 1 shot at this. How do I mark the credit card agreement as an exhibit? Can I just write on it "Exhibit A". Also, does the Affadavit also have to be marked as an exhibit? Lastly, Is it generally considered ok to highlight the applicable statements in the agreement? In this case, the part referencing arbitration, or do I present the entire document and leave it up to the judge to find it?
  4. Jeepfreak81

    Just Sued by PRA - What now?

    Thanks so much, that looks great, I'm going to draft it up for each case and have it notarized. Court date is 1 month from today..... EEK!
  5. Jeepfreak81

    Just Sued by PRA - What now?

    I just wasn't sure if I should resend my motion as it says I have 10 days to file for reconsideration. Also I'll look into how to have a notarized affadavit done up for the card agreements
  6. Jeepfreak81

    Just Sued by PRA - What now?

    Ok, well things aren't particularly going my way at this point. I have a court date for a Pre-Trial hearing in April. I guess they have multiple cases at once, almost like a classroom setting. My motions were denied on both cases. So I guess I have to argue my point at the pre-trial which I'm not looking forward too. Here's the response I got on my Motion to compel, the funny thing is both cases I filed exactly the same and got two different explanations of why the motion was denied. First one - The Court cannot rule on the defendant's motion as "exhibit A" was not attached. The case shall however be scheduled for pre-trial hearng at which the defendant may reassert the request made in this motion. Second one - Without Review of the cardholder agreement the Court will not act upon the Defendant's motion; however this case shall be scheduled for a pre-trial hearing at which the defendant may reassert this request. So, clearly the issue is regarding the attachments that they denied. Is it because I didn't label it as Exhibit A? This Turbocourt system doesn't really explain any of that, I guess I should have just Titled the Document as Exhibit A, or included a cover sheet referencing just that. Lastly, the motions are marked from the court as follows "Any motion for reconsideration must be filed within 10 days of the date of this notice. Any appeal to Supreme Court must be filed within 30 days of the date of this notice." What's my next move? Should I resubmit this motion and try to attach the agreement properly as an exhibit, or just suck it up and wait for my pre-trial?
  7. Jeepfreak81

    Just Sued by PRA - What now?

    The turbocourt system merely had a spot to add attachments to your form and they had to be in .pdf form. I guess it never occurred to me that they would need to be labeled as exhibits. Well it's too late at this point. The important part of the card agreement is quoted in my motion, hopefully that will suffice.
  8. Jeepfreak81

    Just Sued by PRA - What now?

    My paperwork was accepted by the clerk, but they rejected my attachments. Not sure why, maybe they felt they were unnecessary. Either way, the responses and motions were officially accepted by the clerk. Guess I just wait 10 days and see what happens.
  9. Jeepfreak81

    Just Sued by PRA - What now?

    Ok, it is done for both accounts I'm being sued on. Luckily I was able to attach documents so I attached both the credit card agreement as well as the motion to compel document after filling out the form as well. I had to respond as to why I didn't feel I needed to contact the other party first and i simply included this: The parties are bound by the Credit Card Agreement, which states in part "If either you or we make a demand for arbitration, you and we MUST arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents and/or Lowe's Companies, Inc. if it relates to your account" (“emphasis added”) Hopefully that's acceptable. I guess they'll now hold it for 10 days to see if the other party objects to my motion. So for now I hold my breathe and try not to puke. That was a little nerve racking for a guy with anxiety issues. Phew, feels good to get it submitted though.
  10. Jeepfreak81

    Just Sued by PRA - What now?

    Nope, has to be filed online. It kinda stinks cause i'm afraid I won't fit it all on the form like you said.
  11. Jeepfreak81

    Just Sued by PRA - What now?

    Ok everyone, I just filed the response to my first case, and I went back in to file my MTC but I don't see the option to do that. I can file a Motion to Dismiss, or a Motion to change venue, among other options that don't fit with this case. I can also choose other. Before I file the motion I was hoping to get some insight as to what I should choose. I don't want to mess this up.j If I choose other I can type in the title of the Motion, if I do this what would I type in? Motion to Compel or Motion to Stay? Not sure how long I have to do this so I'm sort of freaking out a little bit.
  12. Jeepfreak81

    Just Sued by PRA - What now?

    Thanks for the reply, I have to file electronically rather than in person so I think I have to do it in 2 steps. I need to go visit the site and make sure I know how to navigate before I actually file my response. I know that I have limited space when I file my MTC also, so hopefully it will all fit. I've fixed it up per your suggestion. MOTION TO STAY THE PROCEEDINGS PENDING ARBITRATION, and PETITION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION 1. That on or about XXXXXXXXX, Plaintiff filed its Complaint against Defendant. Defendant denied Complaint 2. Defendant moves this court to compel binding Private Arbitration based on the terms and conditions of the Credit Card Agreement (see Exhibit A, attached). 3. The parties are bound by the Credit Card Agreement, which states in part "If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents and/or Lowe's Companies, Inc. if it relates to your account" (“emphasis added”) 4. While the Federal Arbitration Act (FAA) 9 USC governs the arbitrability of this dispute for several reasons, including Plaintiffs operability throughout New Hampshire and several other states, the analysis would be the same under the New Hampshire arbitration statute, see NH Rev Stat § 542:1 (2014) 542:1 Validity of Arbitration Agreements. – A provision in any written contract to settle by arbitration a controversy thereafter arising out of such contract, or an agreement in writing to submit to arbitration any controversy existing at the time of the agreement to submit, shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. The provisions of this chapter shall not apply to any arbitration agreement between employers and employees, or between employers and associations of employees unless such agreement specifically provides that it shall be subject to the provisions of this chapter. 5. As with the FAA, New Hampshire public policy strongly encourages arbitration, as “there is a presumption of arbitrability if the contract contains an arbitration clause” State v. Phillip Morris USA Inc., 155 N.H. 598, 604 (2007). See also Cookson Co. v. N.H. Ball Bearings, Inc., 147 N.H. 352, 355(2001); Pine Gravel v. Cianchete, 128 N.H. 460, 464, (1986)(noting that RSA ch. 542 changed the common law by barring any legal action when a contract contains an arbitration clause). 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. Under the FAA and New Hampshire’s arbitration statute, there is a presumption of arbitrability in any contract that contains an arbitration clause. See, e.g., Moses H. Cone Mem’l Hospital, 460 U.S. 24, 24-25(1983) (“Any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration.”); Cookson Co., 147 N.H. at 355-356 (“there is a presumption of arbitrability of the contract contains an arbitration clause” and a particular grievance is not arbitrable only if “it is determined with positive assurance that the [contract] is not susceptible of an interpretation that covers the dispute”)(internal quotations omitted). With this motion, I am requesting the following relief: 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.
  13. Jeepfreak81

    Just Sued by PRA - What now?

    Hi everyone, so I've taken some time and read through the case linked above a couple of times. I also printed out my card holder agreements from the CFPD. I have not filed my response yet on either case. I have til 2/23 on both of them so I figure I'll give it another week or so to make sure I have my ducks in a row (mostly mentally). If I understand correctly I need to file my response, and then go back in and file my Motion to Compel. Here's a copy of what I plan to submit. I took what was used in the previous case linked above, adjusted the date and the references for the cardholder agreement. Let me know if you guys see any issues with it if you could please. MOTION TO DISMISS, OR IN THE ALTERNATIVE, TO STAY THE PROCEEDINGS PENDING ARBITRATION, and PETITION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION 1. That on or about XXXXXXXX, Plaintiff filed its Complaint against Defendant. Defendant denied Complaint 2. Defendant moves this court to compel binding Private Arbitration based on the terms and conditions of the Credit Card Agreement (see Exhibit A, attached). 3. The parties are bound by the Credit Card Agreement, which states in part "If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents and/or Lowe's Companies, Inc. if it relates to your account" (“emphasis added”) 4. While the Federal Arbitration Act (FAA) 9 USC governs the arbitrability of this dispute for several reasons, including Plaintiffs operability throughout New Hampshire and several other states, the analysis would be the same under the New Hampshire arbitration statute, see NH Rev Stat § 542:1 (2014) 542:1 Validity of Arbitration Agreements. – A provision in any written contract to settle by arbitration a controversy thereafter arising out of such contract, or an agreement in writing to submit to arbitration any controversy existing at the time of the agreement to submit, shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. The provisions of this chapter shall not apply to any arbitration agreement between employers and employees, or between employers and associations of employees unless such agreement specifically provides that it shall be subject to the provisions of this chapter. 5. As with the FAA, New Hampshire public policy strongly encourages arbitration, as “there is a presumption of arbitrability if the contract contains an arbitration clause” State v. Phillip Morris USA Inc., 155 N.H. 598, 604 (2007). See also Cookson Co. v. N.H. Ball Bearings, Inc., 147 N.H. 352, 355(2001); Pine Gravel v. Cianchete, 128 N.H. 460, 464, (1986)(noting that RSA ch. 542 changed the common law by barring any legal action when a contract contains an arbitration clause). Under the FAA and New Hampshire’s arbitration statute, there is a presumption of arbitrability in any contract that contains an arbitration clause. See, e.g., Moses H. Cone Mem’l Hospital, 460 U.S. 24, 24-25(1983) (“Any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration.”); Cookson Co., 147 N.H. at 355-356 (“there is a presumption of arbitrability of the contract contains an arbitration clause” and a particular grievance is not arbitrable only if “it is determined with positive assurance that the [contract] is not susceptible of an interpretation that covers the dispute”)(internal quotations omitted). With this motion, I am requesting the following relief: 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.
  14. Jeepfreak81

    Just Sued by PRA - What now?

    Thanks so much for the info, I'll spend some time reading today. I just got a letter about the 2nd account, so I've got 2 cases to deal with at the same time. The only good part is I can simply duplicate everything as they are both from Synchrony. Headed to read now, I'm a bit confused on one thing though, do I file a JAMS and send it to PRA's lawyer now before filing MTC with the court?
  15. Jeepfreak81

    Just Sued by PRA - What now?

    I've been doing a bunch of reading here and took a look at the JAMS arbitration form. I'm very confused and a bit concerned. It sounds like I need to have claims against the JDB? Such as violations and such in order to file arbitration? I don't have anything on them that I'm aware of. I have 30 days to respond to the court so I can do some research but I'm just not sure what my immediate next step should be. After reviewing things further I'm thinking I'm screwed here, why would they agree to arbitration? I guess I'm a little panicky and confused. I'm generally an intelligent person but I can't wrap my head around some of the legal speak and what my next steps are. On the JAMS form there's nothing to indicate the type of arbitration I'm filing, MTC or otherwise so I'm a bit confused about that as well. Maybe I should go over to the Arbitration forum and see if I can get a better idea of what I need to do.