TakeMidlandD0wn

Members
  • Content Count

    21
  • Joined

  • Last visited

Community Reputation

0 Neutral

About TakeMidlandD0wn

  • Rank
    Member

Profile Fields

  • Location
    Oklahoma

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. He did say that he keeps the arbitration as a backup plan in all cases, but told me that this particular law firm lets the case go every time he files for discovery. On the other hand, they tend to fight arbitration. They will say that my agreement isn't the right one, and offer a different one and it becomes a back and forth for 12-18 months, if I don't slip up anywhere.
  2. Consumer atty picked up my case. He says that his procedure is to file for discovery. He has dealt with this law firm and Midland hundreds of times in the past. The process here, he says, is: 1. He answers for me (denies) then files for discovery. 2. They don't answer. 3. Time elapses and the plaintiff files for dismissal without prejudice 4. I call the credit bureaus and tell them its been dismissed. 5. Midland sends his office verification that it's been dropped off my credit. 6. I never hear from them again. Sound about right?
  3. Oh! haha! I clicked the link and looked at that case. I've seen it a few times before and thought I might have referenced it and you were catching the plagiarism or something. Awesome! Thanks for the help. I will add that in where appropriate. I've submitted ,y case to a consumer atty and he is emailing back and forth. He just asked for the Credit Agreement with the Arbitration clause after listening to the phone call recording I send to him. This has all happened today (a Saturday) so either he is just a hard worker or he likes what he sees or he is ruling my case out. Heh. We'll see.
  4. @debtzapper probably. I’ve pulled stuff from all over, rewriting some and other just plagiarizing outright. As I understand it “originality is not a highly prized attribute” in briefs and such.
  5. Furthermore, as stated in my Memorandum, state law also dictates that I also have to allege that they refused to arbitrate. Now, I just got off the phone with the atty for the plaintiff who told me that they "aren't going to arbitrate", but then waffled around and tried to get me to set up payments or something. When I pressed, they said that there was not an arbitration agreement. When I told them there, in fact, was and that I had gotten it from the CFPB, they told me that if the arbitration agreement wasn't on the reverse side of the CC bills they had, then it didn't exist. For five minutes
  6. @Goody_Ouchless Under rule 4 of the ORDC (Oklahoma Rules for District Courts), the party seeking to compel arbitration must present a statement of the law and facts showing an enforceable agreement to arbitrate the issues presented by the petition. The application to compel arbitration must be supported by affidavits, pleadings, stipulations, and other evidentiary materials which are verified by a person having knowledge of their accuracy."
  7. I've been putting in the work, but it seems like there is no template I can find for what to do. I'm willing to do everything but I guess I'm overdoing it all somehow. I don't know how to do anything halfway. Any opinions or links to discussions that might help?
  8. @Goody_Ouchless Okay. There is statutory law saying that I have to present the facts and laws in a statement and attach evidence. I would love to make it shorter, but how? are there any allegations I should admit to or should I deny all of them? It seems to me that if I don't at least admit to having the original debt and account that there is no reason the judge should allow the arbitration.
  9. UPDATE: Court Clerk told me that I HAVE to answer before anything. I can put my MTC in at the same time, but if I don't answer there will be a default judgement regardless of the MTC. I've already drafted answers, but how will my denials reflect on the common sense of my motion to compel arbitration? Here are my answers: In response to Plaintiff’s complaint, the Defendant responds as follows: 1. In response to paragraph one of Plaintiff’s complaint: a. In response to the allegation that Webbank provided credit to the Defendant, the Defendant is without suff
  10. Do I need to state that the court has no jurisdiction? I haven't done that. Also, I have another couple of points to ask about: 1. I can't find out if I need to file my answers first or not at all in Oklahoma. I know this is different in every state. In some, answering waives arbitration, in others you have to answer before you motion. The only thing I can find is in Title 12, section 2012 of Oklahoma statutes et seq. which talk about this. But I don't want to interpret the law without something to back me up. 2. In state law, I have to allege that they refused arbitration. Do I call
  11. @Goody_Ouchless Good call. I found this in a similar case: "Oklahoma Statute title 12, §1856 states: "[A]n application for judicial relief under the Uniform Arbitration Act must be made by application and motion to the court and heard in the manner provided by law or rule of court for making and hearing motions." 12 O.S. Supp. 2005 §1856(A). The Oklahoma Supreme Court in Rogers v. Dell Computer Corp., 2005 OK 51 138 P.3d 826 interpreted this provision as requiring a moving party to comply with Rule 4 of the Oklahoma Rules for District Courts: Under rule 4 of the ORDC (Oklahoma Rule
  12. So, Legal Aid just got back to me. The lawyer is telling me: 1. Just answer and deny everything because Love, Beal, & Nixon haven't provided anything but an affidavit. 2. Not to attach the contract. 3. But still request arbitration. I am supposed to do this in a layman's way. No Memorandum, handwritten is perfectly fine. No fancy language. She is telling me to literally type out: "I deny all counts of the complaint. I have no knowledge of this debt. Please, have the plaintiff send all of their documentation of this debt to me. Also, I move this court to compel arbi
  13. Also, if anyone has a sample MTC (Especially for Oklahoma) that would just be the bee's knees. Writing out this Memorandum of Points of Authorities is kind of getting the best of me right now.