LabLady

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LabLady last won the day on October 30 2017

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About LabLady

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  1. Right now I am waiting for the attorney to file the stipulation and for the Judge to sign it, then I will go get a copy and contact JAMS and let them know that I will be dismissing my claim. Then this will be over! I apologize if I forgot anything and for some reason I am no longer getting any notifications from this website when I have them. So, if I can ever be of help to anyone, you can reach me via email the fastest: tiffany1758@gmail.com . Thank you again all so much for all the help, especially @Brotherskeeper, I could never have done this on my own and you guys are all great! I am so glad I found this website! Please do not hesitate to contact me, as I would love to help anyone do what I was able to do. And to the newbies: this can be done! The worst part was waiting outside of the court room and then going in.... I was physically shaking the whole time, but I did it and it was so worth it! Thank you!
  2. On the same day that I was granted my motion, I contacted JAMS and let them know that the motion had been granted. The Plaintiff's attorney then told her they were dismissing the case, but my JAMS contact wanted to know what I wanted to do about the arbitration. After a couple of emails, which are copied in a few posts above, the attorney said that she would stipulate the dismissal, and relieve me of all liability and also dismiss with prejudice
  3. On the day of the hearing, the Judge spoke first, and it was pretty apparent that he was going to grant my motion. So, I listened and just tried not to make him mad, and only spoke when I was spoken to. The Plaintiff's late reply was never even brought up, but he did say that I had done everything I that I was supposed to do to initiate arbitration. I had written an opening argument, and brought copies of all my paperwork and emails, and also brought copies of a proposed order for them to sign (attached below). At the end, the Judge agreed to use my order and signed it right then, and it took less than a week for their attorney to contact me and let me know that the case was going to be dismissed without prejudice because they did not want to arbitrate. JUDGES.COPY.docx
  4. Finally, only 5 days before my MTCA hearing I received a reply from the Plaintiff's attorney, opposing my motion. They filed it late and I filed a sur-reply in response to their opposition, noting first their late reply. I sent a copy of my sur-ply to the Plaintiff's attorney's and also in good faith, contacted the attorney and sent them one via fax. We, by this time had occasionally e-mailed back and forth thanks to the JAMS contact I had, and I printed and saved every email that I had and brought them with me to court. SURREPLY.docx
  5. The rest of the time, I tried to familiarize myself with the Michigan Court Rules and how/what to do in court, because I have zero experience. I spent a lot time reading threads on this website and taking notes, and probably absolutely annoying everyone on here with all my newbie questions . But everyone was great, and I owe my success to all them for all of the advice and help they gave me.
  6. After I received my green cards back in the mail, I filled out a JAMS application and sent it to them certified return receipt with a cover letter. They contacted me via email in a few days, and said they would take the case. They also sent me documents by mail. JAMS.app.pdf JAMS.COVER.LETTER.docx
  7. That same day and time, I filed a Motion to Compel Arbitration, it was also attached to my affidavit and had the two exhibits attached. I sent both the Answer and MTCA via USPS certified return receipt in a large pack, then sent the letter I sent to them notifying them of the arbitration election in a separate smaller envelope, also sent via certified return receipt. MTC.ARB.docx
  8. Here are the steps I took, along with their files. First, I filed an answer and affirmative defenses. I attached an affidavit, a copy of the credit card agreement (Exhibit A), and also a copy of the letter (Exhibit B) that sent to Plaintiff's attorneys notifying them that I was electing arbitration. LAWFIRM.ARB.ELECTION.LETTER.EXHIBIT.b.docx ANSWER.DEFENSES.docx AFFIDAVIT.docx
  9. I would be more than happy to help! I'll work on that this weekend! Thanks you again so much!
  10. @fisthardcheese Thank you for answering my all my questions.... sounds good to me. I pulled a credit report and Midland is on it as a closed account, but it says I have nothing in collections, as of Oct 9....
  11. @BV80 Ok, read some parts of the cases suggested above.... so do I want the word "future" or not? ... I would yes, because they could come back on me for anything..... but the I say no, because I could not come back on them for anything either. I like the idea of having the latter open, in case they do end of violating some of the FDCPA's rules.... However, I do want this over with.... and I am happy that I do not have any garnishments..... I don't know what I should do.
  12. Yep No..... Here it is... STIPULATION TO DISMISS NOW COME the parties hereto, by and through their respective counsel, and stipulate to the entry of an Order to dismiss case : IT IS HEREBY STIPULATED AND AGREED by and between both parties hereto to dismiss this matter with prejudice and without costs to either party. IT IS FURTHER STIPULATED AND AGREED by and between both parties that upon the filing of the attached Order, the parties hereby release each other from any and all liability in regard to this matter. IT IS FURTHER STIPULATED AND AGREED by and between both parties hereto that this resolves the last pending claim and closes the case. There are no further issues to be litigated. ORDER At a session of said Court, held in the 77TH DISTRICT COURT - BIG RAPIDS for the County of MECOSTA, State of Michigan On: PRESENT: DISTRICT COURT JUDGE Upon the reading and filing of the attached Stipulation of the parties, and the Court being fully advised in the premises: IT IS HEREBY ORDERED that this case be dismissed with prejudice and without costs to either party. IT IS FURTHER ORDERED that the parties hereby release each other from any and all liability in regard to this matter. IT IS FURTHER ORDERED that this resolves the last pending claim and closes this case. There are no further issues to be litigated. IT IS SO ORDERED.
  13. I filed an answer/affirmative defenses, then filed a MTCA at the same time.
  14. Is the court ordered arbitration dropped when they dismiss the lawsuit?