lowes

Members
  • Content Count

    9
  • Joined

  • Last visited

Community Reputation

0 Neutral

About lowes

  • Rank
    Newbie

Profile Fields

  • Location
    New Mexico
  1. I've checked to see if there have been any changes to my case using my court's case lookup but nothing has changed so far. So they haven't filed an objection yet. The weird thing is, I saw that I missed a call from them (PRA's attorney) yesterday. No voicemail or anything just a single missed call.
  2. I'm getting a little worried now. I haven't heard anything from PRA or the court. Was I supposed to do anything after I sent my Answer and MTC? I filed and mailed my copies on May 8th. If PRA doesn't respond does that mean the judge will grant my MTC? Should I start working on a MTD? I'm so anxious and don't know what to expect now. @nobk4me @Harry Seaward I hope it's ok if I tag you. You two are the only ones who have replied and helped so far. I really do appreciate it.
  3. I may have made a mistake. When I sent my Answer and MTC, I sent out JAM's Demand for Arbitration form as an exhibit for my MTC to show that I elected arbitration with JAMS before the judge even granted my MTC. Is this going to screw me over?
  4. I couldn't find any case laws supporting arbitration in New Mexico. I tried asking for help here but no luck... So I just added a New Mexico statute that had to do with motion to compel arbitration. NM Stat § 44-7A-8 Motion to compel or stay arbitration states: On motion of a person showing an agreement to arbitrate and alleging another person’s refusal to arbitrate pursuant to the agreement: If the refusing party does not appear or does not oppose the motion, the court shall order the parties to arbitrate; and
  5. I'm working on my MTC and I want to find a case law supporting arbitration in New Mexico. I don't know if I'm reading these case laws right but I see a lot denying arbitration.. I would really appreciate some help trying to find a case law that supports arbitration against JDB's in New Mexico.
  6. I tried my best to find a case law in my state but the ones I found that involved arbitration just didn't make any sense to me and I wasn't sure if it would even help my case. Maybe I'm not searching properly.. I moved on anyway and finished my Answer and MTC and I've attached the redacted versions. I was hoping the people here could look over it and make sure it looks ok to send? I would really appreciate it!! I'm a little worried though, what are the chances the Court will deny my motion? redacted_ PRA Lawsuit Answer to Complaint.pdf redacted_ PRA MTC.pdf
  7. @Harry Seaward Oh, sorry! I did not mean to. I don't know what happened. I will fix it.
  8. I've been working on my Answer and MTC and I just realized, could they argue that I'm in small claims court? Citi's card agreement states that claims filed in small claims court are not subject to arbitration so long as the matter remains in such court and advances only an individual Claim. I was looking for case laws to include in my MTC and I found https://law.justia.com/cases/new-mexico/supreme-court/2016/35-101.html that has arbitration involved. In this case it states "that small claims actions are those in which the value of the claim does not exceed $10,000". However, when I was looking
  9. I tried my best to search threads with similar cases but the more I read the more overwhelmed I get. I have learned a lot and the arbitration route I should try and go, but I have a few questions of my own, as well as things I would like to confirm. I really don’t want to mess this up. I don’t know how different New Mexico laws are regarding this compared to the other cases I’ve read like from Texas and Georgia. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates LLC 2. What is the name of the law firm handling the suit? (should be listed at the top