gg2008

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About gg2008

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    Michigan

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  1. Just want to keep you guys updated.I did file the arbitration. They did file a motion to dismiss the case without prejudice. They would not agree to with prejudice. The reasoning they gave was because the case hasn't been tried or heard. Me personally I feel like a significant amount of discovery has taken place. There has been affidavits submitted on behalf of the plaintiffs. The judge is clear on the facts of this case. If they want to dismiss it needs to be with prejudice. I have been combing for cases to support my reasoning, but there are not and michigan's laws are really vague.
  2. I will follow this. I will check with the court on monday. in the mean time im supposed to have the arbitration filed by tuesday. I delayed this because i thought we would settle.
  3. Hey Guys! They refused to sign it with prejudice. The lawyer informed me that he proceeded to dismiss the case without me. ( I don't know what that means). I will still file arbitration.
  4. I question the without prejudice piece but they said you only can dismiss a case with prejudice if it has been to trial. Looking up information in that now.
  5. Before I had a chance to file the arbitration demand I was sent a letter for "stipulation to dismiss". I feel like something is fishy about this.
  6. Hey guys! I know its been a while.The judge was on a leave of absence. I was granted my motion to compel arbitration. Thank you for all of your help! The judge says that I need to start working on it now. Any advice?
  7. Such action may be brought at any time, even if any such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered." (Pl.'s Ex.D, Page 5) it does include the above language
  8. I will not be including this paragraph because my paragraph has no enforcement finality clause.
  9. I’m just going to use what I originally posted from you in which you already edited. I will post in about 30 minutes.
  10. I would like to submit this today. I have taken out the information that didn't directly match my card agreement. Let me know what you think. Defendant states the following: 1. On or about June 19 of 2018, Defendant was personally served with the Summons and Complaint in the above-captioned matter. Plaintiff claims it is an assignee of Defendant's account with GE Capitial Bank., and seeks to collect an account stated balance. The documents referred to in the Complaint were not attached as exhibits in complete form. 2. Defendant sent a letter
  11. Yes! There is a Brief title. I also have the recommended template for the response to summary disposition. I am woking on it now
  12. Also the motion for summary disposition is not number and I cannot respond to numbered paragraphs. Should I just submit my response leading with my arbitration argument?
  13. Are you suggesting that I use this for the motion to compel? I still have to reply to the summary disposition. I am working on it right now
  14. I will work on this , this week and submit my drafts to you guys this weekend. I will be submitting the amended answer, affidavit by hand tomorrow. We have worked on those two things this weekend.
  15. I will look at it and condense it some. And I agree with the language for the credit card agreement. I will repost soon.