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Everything posted by williams4

  1. I see what you were asking now. Yes, I did send it (the order from the court signed by the judge) when I filed/sent in the Demand paperwork to AAA. The letters AAA kept sending Unifund to pay their filing fee stated it was a "court order". ****Edited to add: When I sent my very first demand for the 22K to AAA, they ended up closing the case due to me not paying my $200 filing (I was waiting for the MTC to be granted) When it was granted I contacted AAA explaining I needed to open it back up because my MTC was granted and they informed me to open a new case online, pay the filing fee and attach the court order, which I did.
  2. I apologize, I am not sure what you are asking? The order from the court to go to arbitration was for the 22K case. Not sure if this is what you are asking.
  3. @fisthardcheese I am thinking the 3K one is getting closed as well. The letter from AAA for the 22K saying they closed it states "due to a previously filed case that Unifund didn't pay all the filing fees" and states "they will not administer this case (the 22K) or any other cases from Unifund. Which the 3K one they paid their upfront $3000 bill but I know a previous letter said they were going to get billed $1400 case management fee once the arbitrator is appointed. But I haven't received a letter about the 3K yet so obviously I won't do anything with the court until then. And I don't want to get too excited either.
  4. @fisthardcheese I received an email from AAA stating they closed the case for the court ordered arbitration case (22K). I have an update phone conference hearing with the court on June 17. Do I need to do something before that date or should I just wait for the conference hearing and tell the judge? My MTC asked to dismiss, or in alternative stay proceedings. I am not sure if I need to do something since my MTC stated dismiss or stay and the judge may just dismiss after the phone hearing or if that isn't how it works?
  5. @fisthardcheese I still haven’t heard back on my motion for tcpa claim. I submitted it on the 18 (case manager forwarded it to arbitrator) I checked in with case manager on the 23rd and she said she hadn’t heard anything back and sent a follow up to the arbitrator and still nothing. My brief is due on Monday. Should I just include it in my brief anyway? In case he is waiting to ok it? Or can I not do that? ***edit*** my only thought is he could be waiting to see what my brief looks like before saying yes to adding the tcpa violations since she is calling my claim frivolous. Maybe he wants to make sure I am not trying to add it to make my claim not frivolous?
  6. The affidavit of debt from Unifund for the Bill of Sales (on mine from court) states XXX is a Unifund Employee and is familiar with Plaintiffs bookkeeping. Then testifies to the assignment from Distressed to Unifund. But doesn't have anyone from Unifund that testifies the Bill of sale for Pilot. I have the exact same arguments as this case (even same state) to reference case law. Edit.... this was posted before I saw your last post. I apologize!! I will stop.
  7. I am confused about this part though? The ownership thing. If the verbiage has now changed, didn't THIS still play a part in the overturned case? Even though original debtor wasn't a part of that bill of sale? "The second exhibit also contained two assignments between Pilot and Unifund that “fail to specify the transfer of rights in Williams’ account.” The assignments refer to “rights in the Receivables,” but the “Receivables” were likely more closely defined in a Servicing Agreement that was not admitted at trial, Riley wrote. Thus, the assignments fail to adequately establish that Unifund was assigned or had ownership of Williams’ account."
  8. Sorry for bringing up a controversial topic again.... I tried forgetting about this, but failed. In this case @Brotherskeeper mentioned that got overturned happened in January 2017. My bill of sale is dated 5/17/17. They did (within that 5 month period) corrected the wording in the bill of sale (from "receivables" to now "accounts".) But they still only have Unifund and Citi witnesses in my lawsuit (22K from court). Which in the case Brotherskeeper referenced, unifund nor citi could testify for the bill of sales once it left citi. This also brings up my original point, the wording in the bill of sale between Pilot and Unifund made this court overturn Unifunds Summary Judgement, even though the credit card debtor was not a part of that transaction. https://www.theindianalawyer.com/articles/42570-coa-overturns-judgment-in-favor-of-credit-card-debt-collector
  9. Got my answer to my previous question! Thanks!
  10. So in my brief I am writing up, would this be equivalent to a complaint filed in the court system or equivalent to pre-hearing brief in court? This is what's throwing me off right now. I am trying to figure out if I need to include case law, stating laws and stuff now? Or right now is it just stating my claims, including my proof (phone logs), and what relief I am asking?
  11. Never mind, the response from AAA when I submitted my motion on 4/18 said "This will confirm receipt of your email and motion. I have forwarded it to the arbitrator." So I will just sit and wait for his answer and plan on including it and if he says no just take it out before I submit my brief.
  12. I did not. I will forward the email to him now. Thank you!
  13. I think my question got lost in the numerous posts. When I file this motion, does the arbitrator even see this yet? Or does Respondent have 14 days to respond first before the motion is presented to the arbitrator to decide? If so, I filed 4/18 (that would give her until 5/2 to respond) My brief is due 4/29 and her response is due 5/6. Should I just include it in my brief in case the arbitrator says yes on May 2?
  14. @fisthardcheese It JUST clicked. I see what you are saying now. (it takes me a while, obviously) Let me make sure I REALLY know what your are saying. I file my brief on JUST MY claims against her, she responds. So when she responds and she DOES figure it out and her brief has it laid out all organized and put together (responding to MY claims then asserts the 22K) I object. THEN file sanctions for her first Answer/Counterclaim (not being properly served, intention of conflation of cases....) Or do I still not have it right? Once I get the letter from AAA closing the case due to non payment (For the 22K in court) I can go to the court and get that case dismissed, regardless of whether she still "thinks" the one in arbitration is the 22K?
  15. Deleted my long response once it made sense to me that my objections to her counterclaim didn't matter, since no answer=do not agree.
  16. So what would you do in this situation. If she has a $1400 bill coming, this credit card account is $3k. She has already dumped $3050 into this.
  17. She should be getting a $1400 case management fee here soon. A letter back in February said it will be assessed once arbitrator has been appointed.
  18. @fisthardcheese To add to the above, the benefit I see getting the 22K thrown out of the 3K NOW and not LATER is the 22K will be closed with AAA and I will have a letter showing the court, she will KNOW the 22K is not in the case we are in right now and I can get the case dismissed in court. (I guess even is she is still confused, I am not sure What evidence she would to prove the case isn’t closed) If I leave it in there and it takes a turn and they let her keep it in there, then I have to continue dealing with update conferences and stuff in the court system.
  19. Deleted my long post once it made sense to me that my objections to her counterclaim didn't matter, since no answer=do not agee
  20. To clear up where I am in this case 1/15/19 submitted my initial demand form 2/21/19 AAA sends letter giving Respondent 14 days to answer/counterclaim (respondents due date to submit is 3/7/19) 3/6/19 Respondent filed counterclaim/didn't serve to Claimant (this would give me until 3/21/19 to object/respond) 3/29/19 Arbitrator appointed 4/8/19 AAA sends me Respondents counterclaim (gives me 14 days to respond, which would be 4/22/19) 4/10/19 Claimant file/serves objections 4/15/19 Initial Preliminary Hearing (started and concluded) Claimant brought up objections, but in the arbitrators eyes he sees Respondent counterclaimed within 14 days, Claimant's objections were not filed by 3/21/19) So my objections were heard not settled before Preliminary hearing ended. 4/15/19 Arbitrator orders Claimant to file brief. Once I file my brief and Respondent comes back with the 22K stuff, it is "technically" in her counterclaim she submitted before the arbitrator was appointed. So as of today, both accounts ARE in this one case. I am still in my 14 day window AAA said I had to respond/object to her counterclaim. Which I did send objections BEFORE the preliminary hearing, but they were heard but not settled (since they were not in by 3/21/19) ***edit update: So when I sent my objections, did this prompt the (Respondent has 14 days to respond, then Claimant has 14 days to respond) then hearing? Or since I didn't ask specifically for a phone hearing in my objections, my objections did nothing? I think this is the part I am most confused about.
  21. All of this happened before our initial preliminary hearing. She never served me her response/answer. Aaa provided her response to me 5 days before our initial preliminary hearing date, which I sent a written objection immediately. (Aaa said since I am just getting these documents, I have 14 days to respond) So since my objections were “late” (I didn’t see their counterclaim until after my time to respond had passes) they were heard at our initial preliminary hearing but not settled, meaning her counter for 22k is still in this case. But can’t I file a dipositive motion under r-52 failure to properly serve? And get her counterclaim thrown out? Her counterclaim WAS filed before arbitrator was appointed, so she didn’t need permission to add a counterclaim. Now she does need permission to add a counterclaim against me. Or did I “forfeit” being able to file to get it removed since I objected? I am unclear how that works Edit... also asking for a phone conference to clear all this up (which I would clear up the fees being reallocated, this is not under court jurisdiction, etc) So she knows BEFORE I send my first brief for the 3k. Which asking for this hearing before I file my first brief would prompt a bill for her.
  22. If I file a depositive motion for failure to serve then her counterclaim will be totally removed from the case. Meaning, 22k she countered would be gone too. I think it will be harder to get the arbitrator to allow her to bring that 22k back in considering the commotion she caused at the preliminary hearing calling me a liar and saying she didn’t have two accounts and she did an stuff.
  23. The only problem with this specific instance is I didn’t even know she sent a response/counterclaim until 7 days before the INITIAL preliminary hearing. Preliminary hearing was already scheduled so I rushed to get my objections in. So we show up at the preliminary hearing and arbitrators main goal is INITIAL preliminary hearing. I bring up my objections but they don’t get settled. So now, her counterclaim (22k) IS in there because she submitted to aaa (but not me) within her initial 14 days and the preliminary hearing is closed. So now I have to fight to get it out. But I am thinking now, even though aaa sent me the papers I kept asking for, I assumed they gave me 14 days to respond, my objections would be settled before the preliminary hearing ended. But they did not. Since Respondent had 14 days for answer, I had 14 days for response, then preliminary hearing. But since I didn’t get my objections in until after my original deadline, my objections weren’t in “on time” so he didn’t make a final decision on my objections before ending the preliminary hearing. Meaning, 22k is still in there. And, the aaa is going to close that 22k aaa case tomorrow if they don’t pay. Meaning, a lot easier to get jdb to try to keep that 22k in there (with 3k) Because “technically” it can be since it was in the counterclaim before the preliminary hearing ended.
  24. I am starting to think my best bet right now would be to file failure to serve and get her response (that has her counterclaim of 22k) thrown out all the way? She did not serve me the documents. I assumed when aaa finally stepped in and sent them to me because she wouldn’t respond to my emails and asked if I still had 14 days to respond, that that meant they had been served. But if I did this then essentially starting at square one again? Since it was a preliminary hearing, my objections were never settled on, so really that 22k is still in with her counterclaim. as of right now both are in there, the 22k and the 3k because the preliminary hearing ended and she doesn’t have to “ask” to add it, right. Then the burden is not on me to get the 22k out, the burden falls on her to fight to get it in. And honestly the serving thing just occurred to me because when aaa finally sent them because jdb wouldn’t, aaa still gave me my 14 days to respond. But that didn’t benefit me at all because the arbitrator was there for a preliminary hearing, not an objection, which means the 22k IS in there and I would have to fight to get it out. I apologize if someone mentioned this previously My thought file a depositive motion under rule R52 d failure to serve