pierce

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pierce last won the day on December 10

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About pierce

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  1. Just received: ordered dismissed, with prejudice by Midland
  2. Yes. Judge went straight to granting the mtc to arb. He stayed the case pending on arbitration.
  3. My mistake it was Webber vs senergy
  4. 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'.
  5. 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!
  6. 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?
  7. 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 They then site: JP Morgan Chase Bank v. Edward O. Allen, 2010 WI APP 84 (unpublished).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?
  8. They submitted an objection to my MTC to Arb. Was expected I guess. Do I respond to that objection/
  9. 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.
  10. 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.
  11. Just thinking out loud. What would constitute breach of contact in this situation? Can I counter sue on the grounds that they are blatantly not honoring their contact? (Now that it is written in the summary judgement)
  12. No. they started no case law. They used the same argument on the magistrate,which is why I asked to be heard by a judge.
  13. Ok, I have it in proper form in WORD, but will just provide the body. There other claim was just stating the usual this is the debt you owe, an affidavit, and a statement. How should I address that point? OPPOSITION TO MOTION FOR SUMMARY JUDGMENT Factual Background and Argument: Defendant has elected arbitration. The card agreement clearly states: “How to start an arbitration, and the arbitration process: The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be sent to Synchrony Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201-5320, ATTN: ARBITRATION DEMAND.” This election of arbitration was initiated at the first hearing with the attached Synchrony Bank Care Credit agreement provided. A formal MOTION TO COMPEL ARBITRATION has now been filed with the court, and sent to the Plaintiff. The enforceable nature of arbitration clauses within contracts in Wisconsin is clearly supported by State Statute 788.01 which states: “788.01  Arbitration clauses in contracts enforceable. A provision in any written contract to settle by arbitration a controversy thereafter arising out of the contract, or out of the refusal to perform the whole or any part of the contract, or an agreement in writing between 2 or more persons to submit to arbitration any controversy existing between them at the time of the agreement to submit, shall be valid, irrevocable and enforceable except upon such grounds as exist at law or in equity for the revocation of any contract. This chapter shall not apply to contracts between employers and employees, or between employers and associations of employees, except as provided in s. 111.10, nor to agreements to arbitrate disputes under s. 292.63 (6s) or 230.44 (4) (bm).” Any act other than Arbitration would be a violation of the agreement, thus the motion for summary motion should be denied.
  14. So I also received a letter from the court stating that a teleconference is setup on (whatever date) in lieu of their motion for summary judgement and to call to provide a phone number. Should I not answer, and wait for the phone conference? Their objections are 1, basically it is my debt pay up, and 2. that it is untimely to file Arbitration, and as card agreement I needed to write them to notify them I was initiating arbitration, now its too late. They also mentioned that I used the word mediation in my original answer. I looked back, and I did, however then stated I was initiating Arbitration in the same answer and attached the arbitration agreement. I am inclined to file with the court, and send them, both my answer and my MTC Arb.