Joker

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About Joker

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  1. So what all exactly did I need to post here from the paperwork I have received ?
  2. So I haven't been able to get back to this the past few days. Always seems to be something, I guess my next court issue after this will be over child custody. Can't seem to catch a break.
  3. T Thank you, that helps a lot. So with that do I just refile answers to complaint, or a MTC arbitration in lieu of answer ? Also what do I have to do to request plaintiff permission to amend?
  4. Yeah , it was awful. I was stressing about my damaged furnace. I just made progress in that though. Since my county was declared a natural disaster area. I qualify for a grant for my damages, FEMA comes tmro to inspect damages. Hmm , I wonder if helps me at all in this situation... I tried to research but couldn't find much on it.
  5. Yes, I was able to fix my old laptops charging port this weekend.
  6. I'm trying currently to do a lot of this through my phone. My answer actually was pretty limited. I used the basic court form and just hand wrote my answers. I was going to amend within the 14 days and submit my typed one I had started. Right after that I had a flood that destroyed practically everything in my basement. Took out my laptop, and printer... In the process of all that I missed the deadline to amend. Since then its just been one thing after another.(when it rains it pours) I did not list arbitration in my original answer.
  7. @Brotherskeeper @bmc100 I'm at work right now. Will get the requested information from the discovery and msd when I get out. Ok so what you are saying is I need to request permission from plaintiff to amend my original answer? How would I do that? I'm guessing it is unlikely they will allow me to do so . Then if they deny I would file a motion asking for court permission to amend answer, along with the MTC.
  8. I posted the paragraph a few posts up. "At any time you or we may and ask an appropriate Court to compel arbitration of claims, or to stay the litigation of claims pending arbitration , even if such claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Even if a party fails to exercise these rights at any particular time or in connection with any particular claims, that party can still require arbitration at a later time or in connection with any other claims"
  9. I received contract ( card member agreement ) from the plaintiff in discovery . So are you saying that even though it states "unless in jury trial or after judgement " that I likely missed my opportunity ?
  10. Oh ok thanks for the clarification. 1. It appears that I had till the first week of Sept to answer discovery . According to court website they submitted discovery on 8/7/17 2. Yes they had a request for admissions in discovery. 3. Looks like they submitted MSD on 9/5/17.
  11. Yeah after looking over things it looks like I failed to answer discovery in timely manner. I'm not sure if that leaves me with any options here.
  12. So if I were still to attempt arbitration I still would have needed to answer the discovery etc?
  13. Msj is different than msd correct ? I do not believe a msj was filed only a MSD. The judge originally gave 60 days for discovery. I'm still in that window, I thought i just had to meet that deadline. But i probably thought wrong because the msd states I failed to respond to them .... they sent a few statement in discovery. Though it don't show any purchases, just billing for credit monitor, it shows a payment made in statement but no detail on payment method or that it was me that made any payments. Yeah I'm pretty sure I screwed all this up ,and am facing a poor outcome.
  14. According to the arbitration clause. At any time you or we may and ask an appropriate Court to compel arbitration of claims, or to stay the litigation of claims pending arbitration , even if such claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Even if a party fails to exercise these rights at any particular time or in connection with any particular claims, that party can still require arbitration at a later time or in connection with any other claims
  15. I did forget to include the affidavit. I had planned on trying to amend my answer and including it then. I know i messed up not doing so. I haven't gotten a MSJ yet. I haven't responded to discovery yet. I received it a few weeks ago, not sure how long I have to respond. According to court web site the MSD was submitted to them on Monday. If they are still requesting the 2,400 in court, but current balance is 2,300 due to that credit. Is that an fdcpa violation?