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Motorcitymayhem last won the day on July 9 2018

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  1. Case is adjourned for 30 days. The attorney said there may be a motion for summary judgement coming from them, he wasnt sure. I informed the judge I will be filing a motion to amend my answer. He was fine with that and the attorney didnt object. I'm working on this tonight.
  2. That's awesome. Is there a thread on that here? I'd love to read the details
  3. I went an got another copy of my answer. I did not list affirmitive defense, just the answer and mtc arb. I have a hearing this afternoon, 2nd final pre trial. I will motion to amend my answer, but I need some time to prepare it. I started a draft but want to make sure its proper.
  4. Ok, things are becoming a lot more clear. Thank you So now my question is, does it matter that I filed my mtc at the same time as my answer form?
  5. So I read up on the summary disposition rules and I think I may have something: Rule 2.116 Summary Disposition B (2) A motion under this rule may be filed at any time consistent with subrule (D) and subrule (G)(1), but the hearing on a motion brought by a party asserting a claim shall not take place until at least 28 days after the opposing party was served with the pleading stating the claim. (C) Grounds. The motion may be based on one or more of these grounds, and must specify the grounds on which it is based: (7) Entry of judgment, dismissal of the action, or other relief is appropriate because of release, payment, prior judgment, immunity granted by law, statute of limitations, statute of frauds, an agreement to arbitrate or to litigate in a different forum , infancy or other disability of the moving party, or assignment or other disposition of the claim before commencement of the action. (2) The grounds listed in subrule (C)(5), (6), and (7) must be raised in a party's responsive pleading, unless the grounds are stated in a motion filed under this rule prior to the party's first responsive pleading. Amendment of a responsive pleading is governed by MCR 2.118. The arbitration agreement was brought up in my initial response. So I should be able to file a motion for summary disposition under arbitration agreement.
  6. I'm contemplating if it's worthwhile to go ahead and file arb anyway. The way I see it, the judges denial doesn't remove my right to request it. If I file anyway, and they refuse again, would there be a basis to sue them for breaching the contract that they are suing me under? I'm also awaiting a callback on an attorney to look into possible fdcpa violations in an attempt to leverage a federal suit against them. Worst case I'll prepare for trial.
  7. Posting jpegs of the plantiffs opposition to my motion to compel arb
  8. I definately did not admit to one and deny the rest.I was consistent in that regard lol. I really wish I hadnt been bogged done with other life events, otherwise Id have given this the proper attention. I just got overwhelmed with everything else and here came this. I'm almost certain I selected the third option about not knowing if it were true. Does that essentially mean I did not state a firm denial and it could be argued as admission by them?
  9. Thanks. Yeah I wish I'd found this forum sooner myself lol. I'll post their response later on tonight. If it could someone else in the future that'd be at least win
  10. I realized after checking my court stamps copies that I didn't file that, and I believe I used the court form instead. Problem is I can't find my copy of it to recall what I stated on it. Sorry for being all over the place, dealing with some other things right now while trying to resolve this. I gather that unless I explicitly denied the allegations then it's taken as admission and it's pretty much game over. I know for a fact I didn't admit they were true, I just don't remember if I denied or chose the "do not know if statements in paragraph... are true" box, which I know imagine has the same effect as not denying and results in admitting.
  11. The other thing that puzzled me was why they didn't take the settlement that they themselves offered when all I asked for was an additional 15 days to pay (45 instead of 30). He got before the judge and didn't even make mention of that conversation which irritated the judge a little. Hell I even offered afterwards a slightly lower amount than their offer but paid within a week. I haven't heard anything from them. And no they haven't filed a motion for summary disposition and here's what I filed with my answer. I copied this from somewhere NOW COMES Defendant, Motorcitymayhem, acting in Pro Se and for him Answer to Plaintiff’s Complaint states as follows: 1. Neither admitted nor denied as no response is needed from this Defendant. 2. Denied for reason is untrue and therefore leaves Plaintiff to its strictest proofs thereof. Moreover, Defendant denies as Plaintiff has failed to attach any alleged contract in which it bases this frivolous claim on. Finally, the Truth in Lending Act codified at 15 U.S.C. 1601 et seq. states a credit card is an open account. 3. Denied for reason is untrue and therefore leaves Plaintiff to its strictest proofs thereof. 4. Denied for reason is untrue and therefore leaves Plaintiff to its strictest proofs. Moreover, there is no account stated between the parties per Unifund CCR Partners v. Riley, 2010 Mich. App. LEXIS 346,*, COURT OF APPEALS MICHIGAN No. 287599. Lastly, Plaintiff fails to comply with the simplest of rules per Michigan’s Account Stated Statute codified at MCL 600.2145 et seq. as their affidavit is dated more than 10 days prior to the filing of the claim. 5. Denied for reason is untrue and therefore leaves Plaintiff to its strictest proofs.
  12. Here's the bill of sale, affidavit and their response to my mtc. I was shocked that my motion was denied too. I saw it coming though, when the judge kept making me wait. He recessed like 3 times before finally calling my case and even then the attorney still hadn't gotten there yet, and that's when he said "five more minutes". For them to file a response and then not even show up until called twice by the clerk baffles me. At any rate, their argument against my motion when weak. The attorney was not prepared at all and and basically argued that (1) I only demanded arb because they sued me and (2) arb would be very expensive for me. I rebutted those points with the fact that I'd already researched JAMS and my fees would be capped at $250 and even the judge agreed with me that they could not guess at my reason for demanding arb nor did it matter. It was a very strange hearing to say the least and I got yelled at because I asked him to clarify his denial. After he heard out arguments, he said motion is denied, then mumbled something. I asked him what his reason for denial was (so I could write it down to appeal) and he yelled "don't argue with me!". I told him all I was asking for was the reasoning and I wasn't arguing. He simply stated "I have jurisdiction, I'm qualified to hear this matter". Scan docs stillman.docx
  13. Here's the original complaint and my motion. My answer was the court form, where I denied everything. I almost didn't file that because I read that in MI you can file a mtc in lieu of. I got conflicting answers on whether that was true or not so I filed the form just in case. They attached the usual bill of sale and affidavit signed by the infamous lynne fisher and sannon wiltgen respectively. Also a couple statements and the terms and conditions. I didn't scan those but can if I need to Thanks Redacted MTC.doc
  14. Sure. I'll get it posted later tonight. Thanks again!
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