Tommylamma

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Tommylamma last won the day on September 15 2017

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About Tommylamma

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  1. Xerxes, I thought it was reasonable especially since Harry said it would likely cost me around $500 for an appeal, which was likely. But when I first called Midland they wouldn't go lower then around $1500, so Goody was pretty much dead on. After the Lawyer for Midland received my MTC Arbitration, I got a call the next business day to see if there was a number we could agree on.
  2. Goody it absolutely is a great feeling! It was so stressful during the process but staying the course and keeping on keeping on is the key.
  3. I wanted to follow up on my case. I received the dismissal letter from the court yesterday. The case was dismissed with Prejudice after settling with Midland at $575 for the $18xx claim. I believe the Arbitration defense is what incited them to settle. My lesson learned from this situation is: - start immediately in your response to the claim - listen to this group intently (they know what they are talking about) - do you own research so that you can grasp the concepts and procedures better yourself Thanks again so much Harry and all the others that assisted on this. Such a great group and resource.
  4. Would I still need to include the other items discussed earlier and the MTC Arbitration in the opposition or simply say that we have settled and therefore the MSJ should be denied, and restate that in the SOF, and then site the law associated with settling (which I don't have yet)?
  5. Lawyer called back and offered to settle. Although I believe this to mean my MTC Arbitration caused them concern, I chose to accept a settlement offer of $575, original debt being $1857. $500 was my number based on information given early on in this post I'm going to get it paid ASAP so as not to risk a ruling on the MSJ. If there is any reason I should not peruse with settlement, please share as the deal is not done yet. Thanks again for the support of this community, it's been a stressful process but with having members like you Harry have really helped to get through this. I've attached what lawyer sent. Thanks. Notice of Settlement.pdf Settlement Letter.pdf
  6. As usual Harry thanks so much. I really appreciate all the help you've given me on this. I hope this helps to clarify my case. I've attached my original Complaint, didn't bother with Summons as it's the standard language. Served Original Summons & Complaint: June 17 (not sure the exact date I was served but I think this is it). It's dated June 5 as filed. Answered using TurboCourt form : July 6 At this point I didn't know about this site and answered with something I found elsewhere on the web. Answer: Responding Party objects to this request on the ground that it is vague, ambiguous, unintelligible and lacks adequate supporting documentation. The plaintiff has not proven the debt is valid or the amount of the debt is accurate. Defendant insists that the plaintiff provide the original signed contract agreement, account statements, purchase receipts, and account balances from zero to present balance. Furthermore, Defendant denies every other allegation because request calls for admission of matter defendant denies and thus it is improper. While out of town I received the MSJ documentation I've already posted (see above) it's dated July 14 and court has it as filed July 19, I didn't get it until July 26. I filed my MTC Arbitration on Aug 9 I believe that puts my deadline for my opposition to MSJ this Friday, Aug 18 I did hear from one of the lawyers today, he left a voicemail and I called back and left him a voicemail. I assume this is a good sign? I hope I haven't left anything out. Thanks again. Summons(redacted).pdf
  7. Thanks Seadragon. I mentioned in an earlier post that I felt it would best to not discuss here but that I would be requesting Arbitration to hopefully resolve this matter.
  8. OK, so after freaking out for a little bit and in light of the assumptions of the above post and not really knowing if the Lawsuit/MSJ conflict is valid, I did my best to pull myself together and get to work. This is what I put together form what you suggested Harry. I was really hoping to get more done, but I'll get back to it again after work tomorrow. Thanks so much as usual for your support and sorry for the confusion. I'm determined to keep plowing along. INTRODUCTORY STATEMENT The Plaintiff, Midland Funding LLC, filed a Motion for Summary judgment on August 14, 2017. The Plaintiff alleges there are no genuine issues of material fact and provided Separate Statement of Facts in support of its Motion and with it included Exhibits A-F. A Motion for Summary Judgment provides an opportunity for the moving party to demonstrate for the court that there is no “genuine issue as to a material fact”. See J.C.R.C.P. Rule 129(d) and Ariz. R. Civ. P., Rule 56(c)(1). The Motion For Summary Judgment filed by the Plaintiff is insufficient as a matter of law and does not set forth the True facts upon which Plaintiff seeks a summary judgment. Defendant also filed a Motion to Compel Private Contractual Arbitration that is, at the time of drafting this Opposition, unruled on by this Court. For the reasons stated herein, none of the material Exhibits presented by Plaintiff can be admitted into evidence. In the presence of genuine issues as to a material fact, and absent of admissible evidence proving its claims, Plaintiff is not entitled to judgment as a matter of law and this court should GRANT Defendant's Motion to Compel Private Contractual Arbitration and DENY Plaintiff's Motion for Summary Judgment. This Opposition is supported by a Separate Statement of Material Facts with Exhibits, Memorandum of Points and Authorities, and a proposed form of order.
  9. Harry, in your most recent post you suggest I say "Plaintiff filed it's lawsuit on xx date and at the same time filed its Motion for Summary judgment." If "lawsuit" is referring to the original summons, then I've messed this up since day one. I didn't receive the MSJ with my summons, it came after my answer to my summons. After going back and looking at my first post I see that I messed up question 16. Although I tried to explain in the beginning of my post what happened I messed it up right at the end. I don't know how big of a deal this is at this point. The pressure is getting to me and now I don't know how to proceed.
  10. Thanks so much for the additional explanation. I will do my very best.
  11. BUMP Trying again. I'm don't think I did this right the first time I tried as I didn't see my topic move.
  12. I feel I'm making progress with my MSJ opposition. There is A LOT to understand and cover but this forum is soooooo very helpful. I would greatly appreciate input on what I have so far. I know I have much further to go, but wanted to make sure I was at least on the right path. I've attached what I have as of right now, still working, but thanks so much in advance for any assistance or guidance on this. Opp to MSJ(in-progress).pdf