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upcycleliving

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Everything posted by upcycleliving

  1. I just checked your case. The plaintiff just filed a request for admissions and document request.
  2. Finally got the summons although they served it to my parents address not mine. Anyways do I need to file the same answer that I filed previously and another MTC?
  3. I just read this case and it looks like the reason that they were able to use not being properly served as a defense is because they used it in their defense when filing an answer. I never once mentioned in my defense improper service so it looks like by making an appearance and not using improper service as a defense, I have already waived my right to receive a summons and a copy of a complaint.
  4. So maybe you are aloud to show up for Status Conferences via telephone but not motion hearings? 1. Status Hearing. After an answer is filed, the case will be assigned to the Judge or Magistrate and the Clerk will forward the file to said Judge or Magistrate. The Court will then set a status or report hearing which may be heard in Court or by telephone pursuant to MMC Rule 15.0. The purpose of the status or report hearing is to set discovery and motion deadlines and pre- trial and trial dates. The status conference and pre-trial conference can be combined at the discretion of theJudge or Magistrate. 2. Motions: All motions must be in writing and accompanied by a written memorandum containing citations or the arguments of counsel. Opposing counsel shall answer in like manner within fourteen (14) days thereafter. All motions will be considered submitted at the end of said fourteen (14) day period unless time is extended by the Court. There will be no oral hearings granted in said motions unless the parties request an oral hearing in writing and the Court deems it necessary. I wonder if the court should even be allowed to have a hearing because it says "unless the parties request an oral hearing in writing and the Court deems it necessary." Nobody requested an oral hearing in writing.
  5. What was the reason they gave? I wonder what would have happened if your wife had filed a motion to appear by phone before plaintiff's attorney did.
  6. Also doesn’t the judge have to sign off on the default judgment. If he hasn’t already I would immediately file an answer.
  7. I’m pretty sure that you have to file an answer in addition to your MTC. I could be wrong though.
  8. all these granted MTC’s in Ohio without a hearing is making me skeptical about why I even am having to show up for a hearing.
  9. I’ve heard of witnesses appearing telephonically. This is the first time I’ve ever heard of an attorney appearing telephonically.
  10. No I meant can the attorney show up on via telephone?
  11. Wow I never thought about that. The attorney filed to appear telephonically? Wonder if they’d do that in my case. If they file a motion to appear telephonically, I’m going to file a motion to appear telephonically. If I have to be there, they should have to be there.
  12. Blinded sided by the MTC? I already filed the MTC and we have a court date next month.
  13. I called this law firm multiple times to give them my updated address. Maybe if I don’t refuse it they will file for a default judgment after I’ve already answered. maybe they didn’t file an opposition but instead requested a new summons because I fucked up their software. What if the software tries to file a default judgment? This is kind of amusing to me.
  14. But they don't need to send a summons! I've already answered and filed a MTC. All the cases must all be on automated calendars. Since no “return of service” was ever filed, it kicked out that request. I bet me filing a motion before they realize I have already answered will really screw things up for them. They were supposed to have their opposition to my MTC done a week ago but today they paid $30 to send a new summons haha. I already updated my address with the court so I assume it will go to the correct address this time but I'm going to refuse their summons and write "refused" on their certified mail. I've already answered and filed a MTC there's no need to serve me with a summons.
  15. actually according to the court filing. It cost them 30 bucks to send out this new summons.
  16. OMG this is too funny. They just spent a bunch of money today trying to serve me again with a summons even though I waived my right to a summons by answering the complaint without receiving a summons and filing a MTC. Fist said something like these JDB work on autopilot. I think I screwed up their automated software by answering the complaint without being served.
  17. I appreciate all this but I'm not a mental giant and sometimes I feel like when I'm reading legal documents, I'm reading a completely different language. Can't wait for my hearing. Not fair that MikeB has his motion granted without a hearing and mine wasn't ):. I have a feeling that part of the reason a hearing was setup was so the judge can try to talk me out of arbitration.
  18. I'm only speaking to GE Money Bank agreements from 2012 through 2014. I looked through hundreds of GE Money Bank agreements from 2012 to 2014 and they all looked the same and the wording doesn't read like a GE Money Bank agreement. Even the fonts were the same, the only thing that was different was the name of the company that was using GE as their finances. Maybe they completely changed after they switched over to synchrony, but it's hard to say because she only posted two pages and not the entire agreement and she admitted in this thread she couldn't find the exact agreement. And about not speaking like that one to a judge. My court date is in a month and I'm not going to let this attorney get away with misleading the judge which is what I think is exactly what happened here. If the court does not grant my MTC, I will not hesitate to file an appeal. I'm hungry and ready to fight. Nobody here knows what went on because we weren't there but I'm speculating that the attorney sweet talked the judge and disingenuously stated that this case was not covered under arbitration and the judge just took him at his word and just skimmed the card member agreement and didn't pay very much attention to it. I understand where the OP is coming from because it can be very initimadating if you've never been in front of a judge going in front of a judge and an experienced attorney. Also I'm very surprised that IL courts are this bad considering IL is a blue state. It's the red states with lots of conservative activist judges that I would have thought would have behaved this way.
  19. The mistake I think she made is she should have said to the judge “here’s the agreeement show me where in this agreement it says disputes under $10,000 are not being subject to arbitration”. If an attorney lies and you don’t refute them, the good ole boy network is going to let them get away with it. also that doesn’t look like the synchrony agreement to me. She needs to find the correct agreement.
  20. Synchrony, GE same thing and that’s what I meant. I am being sued by an assignee of GE Money bank and my CC agreement looks nothing like that. Post the entire card member agreement that you handed to the judge. Was this a Sam’s club card? PayPal card? Amazon card? Also my synchrony card agreement said nothing about $10,000 or less claims. All it says is something to the effect of “we agree to not pursue arbitration if the case is pending in small claims court”, it doesn’t say “you agree not to pursue arbitration if the case is pending in small claims court.” I dont think you have the right agreement and Obviously the judge did take PRA at their word. I would file a motion to reconsider and if that doesn’t work I’d file an appeal. The CFPB has all the agreements. I downloaded a zip file with thousands of agreements and I was able to locate the proper agreement from 2012 by searching the directory that I extracted the folder to for the word Amazon. All the GE money agreements are identical, only difference is the name of the store (amazon, PayPal, Sam’s club, etc..) that agreement you posted doesn’t look like any of them.
  21. The CC agreement you posted doesn’t even look like a synchrony bank agreement. That can’t be the right agreement. You haven’t even posted your MTC or any opposition they filed. If you just walk into court and say “your Honor I want arbitration” you aren’t going to get very far. You have to show up with local and federal statutes and the actual credit card agreement and tell them that a contract is a contract and you want to excercise the arbitration clause that is in the contract.
  22. LOL, I answered their complaint without ever being served because they sent the summons to the wrong address and according to the court docket two days ago they just sent a request for an alias summons. Hello McFly, I've already made an appearance.
  23. Was there even a hearing on your MTC? I’m in the same state and I was expecting the judge to either grant or deny my MTC. I was not expecting a hearing.
  24. As long as I dont have a judgment entered against me I'm probably better off than most people as they filed my case 5 years after the charge off. Most cases I see on here are filed like a year later. So if I get a dismissal without prejuice I guess it will be off my credit report in 2 years.
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