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Robby8900 last won the day on July 7

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About Robby8900

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  2. i believe that in any case in any state one must send a copy to opposing party. My suggestion, as i am not an attorney is that maybe you should file a motion to compel arbitration and dismiss due to lack of subject matter jurisdiction due to a underlying arbitration clause in the card agreement.or in the alternative stay proceedings pending arbitration. there are other post on this site as to how to draft a MTC and how they should look.
  3. Did you send a copy of your filed answer to Midlands attorney? can you share a copy of your answer that you filed, redacting your personally information.
  4. File a motion to dismiss for lack of subject matter jurisdiction and compel plaintiff, to arbitration as agreed within the written agreement (credit card agreement). That you have just been made aware of the new information regarding the arbitration clause.
  5. If you engage in discovery you will waive your right to arbitration. The FAA (Federal Arbitration Act) preempts state law (Utah). If it were me i would amend my answer add the affirmative defense stating- Lack of subject matter jurisdiction due to a underlying arbitration clause, and file motion to compel arbitration and dismiss or in the alternative to stay.
  6. What is the date that you have to answer complaint by. my suggestion would be to not let that date go by and run the risk of default against you.
  7. #2 the plaintiff bears the burden to commence the arbitration action.
  8. s/he was concerned whether or not to file the mtc with the answer and the answer is no. if they wish to file MTC with answer so be it.
  9. Your prayer for relief comes in your MTC and you don't have to file the MTC with your answer if you don't want to. You may wait a week or so to file MTC. Yes you can email the attorney a demand for arb, do so in pdf form.
  10. Needs some tweaking. I can show an example of all you need. Keep it simple. EXAMPLE OF ANSWER AND AFFIRMATIVE DEFENSE.pdf
  11. Speaks of ''loan agreement'' sounds like a breach of contract cause of action. Also might investigate #7 attorneys fees. Although attorney's fees may be in the contract some states prohibit attorney's fees, and they are seeking said fees.
  12. what ever you filed send a copy of. Exhibit ''A'' is a part of your MTC and further stated in your affidavit .
  13. You did send plaintiff, a copy of your filed answer and MTC, correct? It looks like they are going to hold your motion hearing on 8/26/2019 where it shows ''other''. The apparent trial by judge was cancelled which seems strange, going straight to trial after answer filed.
  14. Robby8900

    Sued in Ohio