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pierce last won the day on March 12

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About pierce

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  1. I've already had the phone conference. I asked for all of those things. For discovery they sent detailed bills. I Have not seen a bill after the initial 2800. What's coming up is the in person hearing with the arbitrator. Usually they make all parties involved about the financials. Does this mean there will be another bill before the hearing? Or no?
  2. They only paid the initial 2800. The scheduled hearing is about two weeks away. Is there another retaining bill for the arbitrator coming? if so, when does that happen? I have also sent an email to the lawyer asking for settlement, but have heard nothing.
  3. A lawyer (or law firm) his finally been assigned to this case: Hurley burish, s.c. Believe it or not, the few months leading up to the scheduled phone conference there were no real lawyers attached. The emails were fairly generic. Today i received an acknowledgement from the law firm in regards too the AAA email. Now i have someone to potentially negotiate with. I have no claims against Barclays per se. I do have questions over balances and statements, as they provided me only only the last few statements in court. The end balance and suit were different as well.i think a n extra month of fees may have been added. Small things. Phone conference set for the end of the month.
  4. Looking for advice going forward from this point. MTC Arb accepted by court on a 3400 ish claim. I initiated arbitration and paid fees with AAA (per card agreement). They were invoiced 2800, and paid it. Next step is a phone hearing. Any advice? What should I expect, and what should I say? I already asked for in person hearing, which was granted after they paid. I will update this as arbitration goes forward, all the way through, even if I have to appeal. All advice would be helpful. I have never been in this position before.
  5. Just received: ordered dismissed, with prejudice by Midland
  6. Yes. Judge went straight to granting the mtc to arb. He stayed the case pending on arbitration.
  7. One more thing - the lawyer mentioned the costly nature of Arbitration, how it could be drawn out with additional expenses etc. Judge only replied, 'you made your bed, now lay in it'.
  8. It took just a few minutes, and I said my name only, and answered yes, to the question that I still wanted the MTC granted. The judge then spent the rest off the time talking to Midlands lawyer. He seemed puzzled why he as a lawyer would try to argue against arbitration when arbitration is so clearly contractually obligated. He then talked about the supreme court case ATT Mobility which someone provided me with me (brothers keeper?). He said it was so clear, that the supreme court was unanimous in its decision - and that never happens. You would have to be so clearly uninformed to take such a stance against the supreme court. Now for arbitration!
  9. I have a telephone motion hearing in regards to their summary judgement, and my MTC to Arb this afternoon. Any recommendations? What can I expect?
  10. Defendant has waived the right to arbitrate Its quite wordy, but the only objection is the above. They then site: JP Morgan Chase Bank v. Edward O. Allen, 2010 WI APP 84 (unpublished). (See attached). Then there is a 10 page attachment with the basic rundown of that case. However, in that case (I read it), after quite a few trips to court, Arbitration was elected, and granted. However, it was only after the court granted 60 days to start the Arb process, he failed to start it. He then asked for arbitration a second time, with the argument that JP Morgan should initiate arbitration. The court then denied the motion to arbitrate as he had failed to begin the process within the court granted time. How should I respond?
  11. They submitted an objection to my MTC to Arb. Was expected I guess. Do I respond to that objection/
  12. Thanks you Thank you. I submitted both my opposition to summary judgement addressing the two issues, along with my MTC Arb. They have set a date to discuss the two motions over the phone. I have a week to prepare. I am hoping that best case scenario is that the judge will dismiss the summary judgement in light of my election of arbitration, and then grant my MTC arb. This would mean that no court date would necessary, unless they set a future date to make sure the case is moving in arbitration.
  13. They are aloud to sue. Yes. However, in light of a contractual obligation to arbitrate they file a summary judgment stating otherwise. This shows prior knowledge and understanding of their contact, and then they willfully try to argue that I have no grounds by quoting the contract. I would argue that midland, or representative lawyers have great knowledge of the contract, yet have continued in the hopes that I would not call them out. Is that not breach of contract? In other words, they understand the contract, but they willfully play the game hoping that lose by not understanding, or following through with the contract in court.