SHELLY7

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Everything posted by SHELLY7

  1. EVERYONE give this superstar a shout! what a moment for him and after helping so many on here (present company very much included) I think he deserves a virtual round of applause:) @Brotherskeeper @fisthardcheese @Harry Seaward @Clydesmom just wanted to tag some of the people who've been on threads with him helping me and get the ball rolling in what should be a momentous day for our resident New York genius and now soon to be lawyer;) 😀😀🍾🙌
  2. I AM SO PROUD OF YOU!!!!!! CHAMPERS ALL AROUND!!!!
  3. yep! @fisthardcheese done and dusted. Treated it like it was FBI evidence, for all the "just in case" scenarios;) Thanks to everyone for their help and unrelenting patience with me. Though in all honesty, I DO wish I had gotten this wondrous advice of picking up those little registered tags BEFORE going to the post office as trying to fill out and take photos with a line of people behind me was much more flustering then my adult self would care to admit;) So much gratitude though beyond measure to everyone.
  4. ok update to @Brotherskeeper you are correct in the reading of the law it states that it just mentions that it must merely "specify the agreement" so I think you are correct that I don't need to put in the arb clause from paypal now the body of the letter shall just read as: This is to notify you of my intention to arbitrate the claims and disputes of the subject account pursuant to the applicable Synchrony Bank Pay Pal Smart Connect branded account agreement. As per this agreement’s arbitration section,I select JAMS as the arbitration administrator. Unless Midland applies to stay the arbitration within twenty days after service of this notice of my intention to arbitrate these disputes, Midland shall thereafter be precluded from objecting that a valid agreement was not made or has not been complied with and from asserting in court the bar of a limitation of time. I think that should be enough to satisfy the requirements of CPLR 7503 (C) and will send off to post office today once @usctrojanalum has given his stamp of approval Thanks again everyone for their time and patience especially @Brotherskeeper and @usctrojanalum since drafting a letter should never be that hard, but evidently for me it is;)
  5. update thanks @brotherskeeper I see I add in the index number on certified mail receipt at the post office so will include this for extra iron cladness;) heres an update in case any future New Yorkers get hung up on the small things like moi and can use this thread to the best of their advantage;) Defendant, Pro Se Sent USPS Certified Mail, Return Receipt Requested #
  6. I thought you didn't get the number on your registered mail until you get the receipt or I guess maybe they give you that green tag in which case I could just write it out at the post office? lol Ill leave a blank space so that I can write it in just in case I've seen cases where they said they didn't know the clause referenced as a defense, that's why I thought pasting it in might make it more "sure fire" but perhaps if I just reference it that's enough? I'll wait to see what resident NY genius weighs in @usctrojanalum but I don't think it could HURT to paste the arb clause, no?
  7. OK HERE IT IS PASTED, IN CASE EASIER TO LOOK AT, FAILED TERRIBLY AT TRYING TO TAKE OUT THE PERSONAL STUFF BUT THIS IS THE GIST OF THE LETTER: , Defendant March 21, 2019 Midland Funding, LLC ESQ Attorney for Plaintiff, Midland Funding LLC Cc: , ESQ RE: Supreme Court of the State of New York County of Suffolk Court Case Index NO: Consumer Credit Transaction NOTICE OF INTENTION TO ARBITRATE CLAIMS Dear Midland Funding LLC: This is to notify you of my intention to arbitrate the claims and disputes of the subject account pursuant to the applicable Synchrony Bank Pay Pal Smart Connect branded account agreement. As per this agreement’s arbitration section, I demand arbitration. The clause states: 1. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents and/or PayPal, Inc., if it relates to your account, except as noted below. AND 2. 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. As per this agreement’s arbitration section, I select JAMS as the arbitration administrator. Unless Midland applies to stay the arbitration within twenty days after service of this notice of my intention to arbitrate these disputes, Midland shall thereafter be precluded from objecting that a valid agreement was not made or has not been complied with and from asserting in court the bar of a limitation of time. Sincerely, Defendant, Pro Se Sent USPS Certified Mail, Return Receipt Requested Let me know guys if you think I should include the credit card agreement or as @Brotherskeeper suggested just pasting it in is enough and @usctrojanalum must I site cplr 7503 (c) or is that just to be assumed and do you think this has everything required for cplr 7503 c? Whenever you have time, have just been on the hustle as like the notion of getting them by surprise and sending this off. Thanks again so so much to everyone for their help, honestly I just don't know what I'd do without you.
  8. Hi Guys! Here is my draft for intention to arbitrate, let me know thoughts. Also, would you include my synchrony care card agreement or just paste in what I have and assume per @Brotherskeeper that they obviously have a copy Secondly, @usctrojanalum when you have a second can you make sure it has the correct format for Notice of Intention to Arbitrate under CPLR (c) and on that note, should I actually in fact mention that? or no? Thank you again to everyone for their time and endless patience, I tried to blur out my personal information, but wanted to post on the forum, not only for everyone to weigh in but also in case some other poor soul finds themselves in my predicament and this NY stuff will help them. Thanks so much everyone and I will wait patiently for your critiques;) scan1.pdf scan2.pdf
  9. ok, so I'll just paste it in and not make it easy for them. somewhere I read you put in the address of original-do you think I should put in midlands address in San Diego, or just midland? I know always hung up on the little stuff am drafting now to post
  10. bless you for this @Brotherskeeper @usctrojanalum do you think I can send the letter using this point format? and should I just paste in the body of the email my arb clause or should I send the original synchrony agreement as an attachment with the letter? thanks so so much guys
  11. ahhhh I thought you had to do a or c so even that clarifies A LOT lol @usctrojanalum thanks so much I've only found cases where they did a and then some other motion to dismiss or stay, but just with a so I'll look for both do you know anywhere I can find demand letter that uses c? I'll look up court cases on the NY site Thanks again
  12. Hi Guys! I have been working on my draft for MTC (yes it has taken me this long) and have been looking for similar cases/NY laws etc. so that I might just better understand and "be ready." I have always thought when the time came I would make my motion under NY Law demand to arbitrate 7503 a I'm aggrieved so will follow my synchrony card agreement notify them" in writing" with a quick one liner-that I elect arbitration in Jams" easy peasy or as @fisthardcheese try to somewhat "keep it simple." This is the arb application law for NY I am referencing : (a) Application to compel arbitration; stay of action. A party aggrieved by the failure of another to arbitrate may apply for an order compelling arbitration. Where there is no substantial question whether a valid agreement was made or complied with, and the claim sought to be arbitrated is not barred by limitation under subdivision (b) of section 7502, the court shall direct the parties to arbitrate. Where any such question is raised, it shall be tried forthwith in said court. If an issue claimed to be arbitrable is involved in an action pending in a court having jurisdiction to hear a motion to compel arbitration, the application shall be made by motion in that action. If the application is granted, the order shall operate to stay a pending or subsequent action, or so much of it as is referable to arbitration. However, @usctrojanalum was kind enough to share with me, being the resident NY genius and otherwise known to me as most patient man on earth. You may also make a demand on them by serving a demand letter for arbitration under 7503c this is what I am referencing: (c) Notice of intention to arbitrate. A party may serve upon another party a demand for arbitration or a notice of intention to arbitrate, specifying the agreement pursuant to which arbitration is sought and the name and address of the party serving the notice, or of an officer or agent thereof if such party is an association or corporation, and stating that unless the party served applies to stay the arbitration within twenty days after such service he shall thereafter be precluded from objecting that a valid agreement was not made or has not been complied with and from asserting in court the bar of a limitation of time. Such notice or demand shall be served in the same manner as a summons or by registered or certified mail, return receipt requested. An application to stay arbitration must be made by the party served within twenty days after service upon him of the notice or demand, or he shall be so precluded. Notice of such application shall be served in the same manner as a summons or by registered or certified mail, return receipt requested. Service of the application may be made upon the adverse party, or upon his attorney if the attorney's name appears on the demand for arbitration or the notice of intention to arbitrate. Service of the application by mail shall be timely if such application is posted within the prescribed period. Any provision in an arbitration agreement or arbitration rules which waives the right to apply for a stay of arbitration is hereby declared null and void. My novice interpretation of 7503 c is that if you serve the demand letter in the correct format as listed above, if they do not apply to stay the arbitration within 20 days they shall be precluded from objecting in court. So am I correct in thinking that if I form this letter to the T following the above format it really pushes them in a corner? Or am I misreading and interpreting (Which we all know could be the case) I am also wondering if anyone has any experience with this, I've searched the forum but haven't found many references and perhaps just doing the simpler 7503 a is easier and this is really beyond my breadth as I get so hung up on counting days and making sure everything is right. If anyone who is a forum expert and has seen a reference to this or has any opinion on it, even just a general thought it would be greatly appreciated. I understand that I get quite caught up in the little things, so even just a blanket statement of what you think the better approach is. I so appreciate all the people who have taken the time from the beginning to help me on what has been seemingly a rather long journey, especially considering I haven't even made a motion yet. So many thanks as always those whose patience and opinion has gone beyond the common grounds of good will @Brotherskeeper @BV80 @Goody_Ouchless @nobk4me @Harry Seaward and @Clydesmom and the ever stead fast @usctrojanalum
  13. am answering my own question here, just in case in the future someone from NY is running in circles like myself and say they didn't verify so I won't. and thanks to @Brotherskeeper for posting the helpful link if you want to verify and @usctrojanalum who deserves a medal of honor for his patience with me
  14. mmmm this makes me think I should just not do it? seems like everything I can somehow get myself in trouble with? and couldn't that be considering entering into judicial if I go for a mtc arb? sorry @usctrojanalum I seem to always go in circles
  15. I feel like in life @usctrojanalum I am the rare exception in everything lol. there is a notary literally down the street from me, would you bother to better be "safe then sorry"? or am I really just over reaching the mark here? I assumed per all my research that you'd have to have your debt original cc notarized, (for etc arb) but are there a ton more pleadings I would need to worry about verifying(notarizing)? if not too hard perhaps hedge on better safe then sorry? and last confusion, if you add that verification is it an affidavit or do you just tack it on to the end of your answer? sorry I really am dumb with the law stuff
  16. @usctrojanalum when you have the time can you look at above and make sure I don't need to verify because of those answers? Thank you a thousand times and then some!
  17. yes, I read this @Brotherskeeper it confused me lol but just got word from @usctrojanalum that if their complaint isn't verified then I don't need to verify? The answer does not have to be notarized. It's not an oath. Sometimes a verification page has to be notarized, but there is no need to do verification when initial pleading not verified! but the lack of personal jurisdiction thing confuses? law wording confuses me full stop I suppose
  18. hi guys, was wondering and maybe this is a per state thing so perhaps only for @usctrojanalum (New York) but does anyone know if your answer to summons and complaint must be notarized? their summons wasn't "verified" (as in the summons and complaint contained no verification of debt) the only thing that was notarized was the affidavit of service... but just want to make sure I don't get tripped up with any of the little things when filing my answer thanks again everyone for helping me! this is what the ny law states when I tried to look up, but kind of only confused me more? sorry for so many questions! The answer is a pleading which must bear the certification required pursuant to Uniform Rule 130-1.1-a(b). If the Complaint was verified, the answer must also be verified. The verification language can be found in the Court forms at www.nycourts.gov (See CPLR 3020(a)). If the Complaint is not verified, the answer may still have to be verified if the case deals with certain matters (See CPLR 3020(b)).
  19. ok would you advise to just leave it out then? and stick to your original just 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. Failure to state a claim upon which relief may be granted. The Plaintiff is not in control of the necessary documents or witnesses needed to prove its claim Lack of standing. thanks again everyone and @usctrojanalum
  20. @usctrojanalum can you keep this one or should I not worry about it? am concerned I can't edit if I don't, but perhaps I am overthinking as per the usual? Defendant reserves the right to amend this answer and to assert any affirmative defenses that become known or available.
  21. Thanks so much @usctrojanalum for your ever steadfast patience and support. Still have sometime before filing my answers if issues or thoughts come up, but so many thanks to you--especially given your HUGE knowledge of NY laws and what must be a crazy schedule considering you are a a student of the law;) (I too am anxiously waiting your results 🤞 but I KNOW you will pass;)
  22. Thank you for this @Brotherskeeper makes sense and I'll try to edit and definitely not make anything seem frivolous. According to the resident NY expert @usctrojanalum I should keep these and only these: 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. Failure to state a claim upon which may be granted. The Plaintiff is not in control of the necessary documents or witnesses needed to prove its claim Lack of standing. Am hoping this is a good middle ground, and of course will do some more research to make sure but in meantime beyond gratitude and appreciate to you and all those that have helped me in my quest.
  23. wow ok thank you so much @Harry Seaward and @Brotherskeeper for adding in. I see what you are saying and I can only imagine how annoying I must be on some level making everyone explain to me. So essentially I am only left with one affirmative defense? 11. 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. And l should remove 12-17 per everyone's instructions? I so so genuinely appreciate everyone's opinion and their time. Imagine what would happen to me if I didn't have this forum! Still a bit confused and will have to double check everything for the 50th time but so appreciate everyone's time and undying patience. Thank you so much and @Clydesmom and obviously the ever steadfast fellow New Yorker @usctrojanalum and og arbitrator @fisthardcheese
  24. so everyone here essentially thinks I should take out at least 13-17? For the affirmative defense?I know one must decide if they are going for arbitration or not, but I am concerned if I don't state these I wave them? Or perhaps I am COMPLETELY misreading NY law which is 100% possible @usctrojanalum ? GAH THANK YOU TO EVERYONE FOR HELPING!
  25. Hey @clydesmom thanks ever so much for weighing in. Honestly though, I'm not trying to throw anything at the wall and make it stick. I was truly trying to do my best going off what other users have posted on this forum from their case (and NY specific) and follow suit to the best of my ability-which obviously isn't as wise and sage as yours. I posted so people can weigh in and this help from this forum has been beyond what I could have ever have hoped for. There are also a lot of varying opinions, all people with good intentions trying to help a total stranger out and help them (in this case ME) make the best and informed decision and in this case, court answers as possible. I really appreciate you stating I shouldn't put those answers in and will definitely research more tomorrow. It is also just very confusing, as educated as I might be in some areas, I don't know every last thing exactly what it means, so am really truly just trying my best and sometimes I OVERLY analyze things and confuse myself more. Again, I appreciate you weighing in and you've been helpful from the very beginning, I can only imagine the time and patience it even takes to take hours out of your day to help people on this forum that you don't know. But, really don't for a second think I'm just "trying to throw anything at the wall and hope it sticks" the fact that I have six pages alone in an attempt to get things right and correct just for a court answer should be an indication to you that's the last thing I'm trying to do.