SHELLY7

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SHELLY7 last won the day on February 10

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About SHELLY7

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  1. SHELLY7

    Midland Funding Suing In NY

    Yes. I hear you @fisthardcheese and @usctrojanalum has been beyond patient with pesky me. That being said, though he is no doubt a NY law genius he self-admittedly it's as familiar with arbitration laws in NY.. so much of what I have been doing I have been researching myself probably a little TOO much and as per @Brotherskeeper suggestion to get acquainted with NY laws. I did learn as per @Brotherskeeper suggestion to look up NY law for when to make a motion I did find and under CPLR 7503 "a party must be aggrieved by the failure of another to arbitrate" and a Justice recently ruled that to be "aggrieved" and thereby have standing, a party must be subject to litigation BEFORE filing a special proceeding to compel arbitration (SO I figured THAT much out, I am indeed AGGRIEVED lol) and @usctrojanalum let me know that I've officially entered litigation when I give my answer so I know THAT much and probably aggrieving too many people on here (sorry guys)... my question is... In my incessant research I did find that one of the arbitration laws in NY (article 75 of the New York civil practice) states "that 20 days after being notified of an intent to arbitrate if no objection is raised they cannot later object that a valid agreement to arbitrate..." So in my little mind, I thought it WOULD make sense to send a demand letter when I do my answers to court to midlands attorney stating that I elect arbitration. (Then I could use this in my MTC and if he didn't answer (in 20 days) use that against him too.) So this leads me again, to a question of the day!!!! If I were going to send a letter to Midland's attorney (a demand for arbitration letter) can it be as simple as: This letter is in response to your summons and complaint. This matter remains in dispute and I hereby demand my election to arbitrate. Regarding the collection of the account referenced above, the agreement states 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. The party seeking arbitration must select an arbitration administrator, which can be either the American Arbitration Association (AAA), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org, 1-800-778-7879, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, 1-800-352-5267. If neither administrator is able or willing to handle the dispute, then the court will appoint an arbitrator. Pursuant to the cardholder agreement, I ELECT arbitration via JAMS to resolve our disputes. Something to that degree and do I ask the attorney to have it dismissed or am I just straight up demanding (I suppose I should look for demand letter examples on here)...I guess my question is how much needs to go into the "demand letter" thats my question of the day lol Thanks again team, immensely
  2. SHELLY7

    Midland Funding Suing In NY

    agreed @Brotherskeeper I am not as terrified as once was, and have been really acquainting myself with NY law, probably one of the reasons I've gone in circles a little bit TOO much reading and researching into things. I will just focus on the tasks at hand and get everything ready as best I can for the "ifs and whens." And yes, @usctrojanalum is a saint. When I was a student I was much more concerned with which bar I would go to instead of helping crazy loons like myself on a forum. I shall leave everyone in peace now to just get my answers right and have my MTC ready for the if and when and try to not read so much into everything. Thanks again everyone for your time, always.
  3. SHELLY7

    Midland Funding Suing In NY

    Yes, I see what you are saying @Brotherskeeper I suppose in many aspects it is a bit of roll the dice and this is kind of why I guess I take something that is seemingly easy (as in answering my summons and complaint) and read a little too much into everything. That being said, I know that NY can be quite "pro arbitration" but it depends on the judge etc. Also, I believe I mentioned that a judge recently moved that you can't even make a motion to arbitrate until the "non-movant initiates litigation" https://fhnylaw.com/court-holds-motion-compel-arbitration-cannot-made-non-movant-initiates-litigation/ Then I completely understand @fisthardcheese argument of filing the motion with you answer, but in NY, in my county you have to file $95 for RJI and then file $45 for the motion. It seems, especially like what @usctrojanalum has stated it's not really normal for a defendant to pay the $95, yet rather to wait for the plaintiff to file and then (at least in my mind) I planned on filing the motion to compel as per that judge's instructions. So it is this bizarre bit of a waiting game which compels me to too much time to read into things I suppose like the "send it writing" clause in my original CC arbitration clause and then I just get tripped up with the shoulds etc. Luckily, everyone has been so patient with me and offered endless help and I guess in the long term it just comes down to if I make a good enough MTC and if that judge sees my point an I've done everything correctly in the first place. I so so so appreciate everyone weighing in. I promise to not read too much further into everything lol
  4. SHELLY7

    Midland Funding Suing In NY

    I think I'll just put arbitration in court answer and then when I submit my answer to court I will send their lawyer a written letter....perhaps I can then include that in my MTC as part of my stance then that I did inform the "other party in writing" Perhaps thats a middle ground and thanks again guys for input @fisthardcheese @usctrojanalum sorry for always taking up so much of your time
  5. SHELLY7

    Midland Funding Suing In NY

    thanks @usctrojanalum sorry but where should I put this in my answer "papers filed in the lawsuit"-where I write elect arbitration in my affirmative defense? I found this on here should I put this then as my first affirmative defense and send a letter to their lawyer this week since I have time, or is that tipping him off too much...I still have 20 days so have ample time to be strategic, hence my over thinking and stalking this poor forum and its members like a loon... That the Court lacks jurisdiction over the person of the Defendant as Defendant states there is an arbitration clause in the cardholder agreement that takes away both parties litigation rights if elected by either party. Defendant has already notified Plaintiff and Plaintiff's attorney of her election to arbitrate pursuant to the terms of said agreement.
  6. SHELLY7

    Midland Funding Suing In NY

    Hi Team Still working on my answers, and of course overthinking as I am an expert at and also, getting too far ahead of myself, which I know is annoying for everyone on here. So apologizes in advance. But, I have a quick question though, I was wondering my first affirmative defense Lack of subject matter jurisdiction. The underlying contract for the alleged debt contains a private arbitration clause and defendant has chosen arbitration as the forum for this dispute, therefore, this Court lacks subject matter jurisdiction. But, here is my question and totally owning getting ahead of myself...it says in my paypal (synchrony bank) you must notify the other party in writing in their arbitration clause: 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. The party seeking arbitration must select an arbitration administrator, which can be either the American Arbitration Association (AAA), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org, 1-800-778-7879, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, 1-800-352-5267. If neither administrator is able or willing to handle the dispute, then the court will appoint an arbitrator. So after I file an answer should I write the lawyer listed on my summons and complaint and tell him I elect for arbitration? Could this help or hinder me or no? Just trying to follow the rules and get everything correct like the nut job I am and since that's stated I just wondered if I should do that after I file my answer, even though it's done electronically...but since it says "must notify" other party in writing... Thanks again guys I really would be so lost I can't imagine life without this forum lol
  7. SHELLY7

    Midland Funding Suing In NY

    mmmm but it seems they can serve me any day (as in today a court/public holiday), so I guess maybe the service thing doesn't work and I think that would honestly just confuse ME more lol, but thanks for input and always being so patient. Will post my court answers for you to check in a couple days and so appreciate your help always. @usctrojanalum
  8. SHELLY7

    Midland Funding Suing In NY

    ok thank you @fisthardcheese I think I am overthinking so will pull back a little lol. REALLY appreciate you getting back to me! I suppose I keep thinking anything you say can be used against you in a court of law, like when people get arrested on tv sigh. Thanks again, promise to stop pestering and hope you enjoy your day off if you are taking the day off!
  9. SHELLY7

    Midland Funding Suing In NY

    Thanks @fisthardcheese I figured so much and honestly, just want to fight this and get it over with...I just didn't want that lingering in my mind. I have a question for you though, since I have you here, is there anything they can use against me if you deny all their allegations (in the answer to court) but then do file a motion to compel arbitration? I'm just doing my court answers so I can post here and then obviously focus on my motion so I can also impede on your kind graces...I just don't want to do anything in my answer that they could use against me if I tried for a motion to compel arbitration. For instance like on number 4 and 5 it says: 4. Raintiff's predecessor in interest, SYNCHRONY BANK (hereinafter "Origind Creditor"), offered to open a PAYPAL-branded account, account no. ending in 4946 (hereinafter the "Account"), in Defendant's name on July 29, 2005, subject to the terms and conditions provided, or made available in electronic format, to the Defendant (the "Agreement"). 5. Defendant accepted the offer by using the Account. If I deny these allegations (in my court answer) and then try to do a motion to compel arbitration, can they use that by saying oh no you said you didn't use the account or what have you? Not sure if I'm making sense...just want to make sure my court answers can't be used against me later on I guess... Thanks again for your time everyone. I would literally be a sinking ship of despair without all of you, gratitude doesn't even begin to cut it...
  10. SHELLY7

    Midland Funding Suing In NY

    Hi Guys. I finally got officially "served" today....I've obviously been preparing my court answer and also MTC per everyone's SUPER helpful suggestions. I have a question though...probably more specific to @usctrojanalum (because NY specific) I have been evidently researching like crazy, and I know that you can "mail and nail" the summons and complaint and still something has to come in the mail and also from the court (for Suffolk county NY at least.) Obviously, those things or steps still have to happen, but I know you can besides the general denial write that papers weren't properly served. Am just wondering, the dude just left my printed out summons and complaint in the door handle of my front door. Can he do this on a public holiday? Since the courts aren't in session today because of president's day? Just wondering....if I should add that or if it's really of no relevance since perhaps the plaintiff can just get an extension or such and I'm back where I started and don't want to muddy the waters so to speak or have to go back to the beginning. Just curious your thoughts and thanks again for all and everyone's help!
  11. SHELLY7

    Midland Funding Suing In NY

    copy that @fisthardcheese I'm like you, I like to know EXACTLY how long for everything lol (obviously) once they file the RJI (god knows when or if they will) but I'll have my MTC ready thanks to all of you. And thanks for explaining everything since this is so evidently my first rodeo;)
  12. SHELLY7

    Midland Funding Suing In NY

    yeah seems that way, I'll just prepare and hope if it goes that far I don't get one of the more loony judges who requires tabs and faxes and all sorts of things we all know I'll never be able to get right;) Fingers crossed on all and thanks again @usctrojanalum for support always!
  13. SHELLY7

    Midland Funding Suing In NY

    Yeah no @usctrojanalum was just trying to go off a format since I obviously don't know anything, but I do realize that's not for ny lol;) if it goes to rji (which I'll assume it will) on my courts judges page it says they only hear motions on certain days? I'll of course google this more but do you know what this means? Also, obviously I'll be posting my court answers for you to check which I'm sure you're really looking forward too:) thanks again for your patience of a saint and always being there everyone!
  14. SHELLY7

    Midland Funding Suing In NY

    just out of curiosity @fisthardcheese though it's obvious I know nothing about nothing, how long would you give it until you filed a MTC if they didn't follow through, obviously not ten years but I'm just wondering in a general sense the time frame. Also, in my research I've been looking up motion for arbitrations so I can follow them to the letter if need be (and obviously yours too;) Do you think its a good format where they kind of do it like this: https://turtletalk.files.wordpress.com/2017/05/11-1-motion-to-compel-arbitration.pdf This whole huge memorandum where they go through facts/history etc or is it better to keep it kind of short and sweet? Just a general question I know and of course my case wouldn't be as long I'm just trying to get everything perfect and the nerd in me really wants an A so to speak..
  15. SHELLY7

    Midland Funding Suing In NY

    @nobk4me yeah I figured that out thanks to the ever patient people on this forum:) such a strange thing. Bless you all for helping me or I'd be truly clueless