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Everything posted by WishIWasALawyer

  1. another update: "Plaintiff respectfully requests that this matter be dismissed with prejudice. Plaintiff no longer wishes to proceed." Does this really mean this is over????????
  2. The only reason I’m asking about them filing is because I am thinking that if they don’t want to go to arbitration, they won’t do anything and it’s basically over. If I file the arbitration and they had no intention of doing it, I am just asking for more and another chance for them to win.. that’s why I was wondering if I should wait and see if they file.
  3. The agreement says they have to start the arbitration. Does it matter? What if they don’t ever file, is it over? And what if I file when they weren’t going to file? what is the advantage, if any, of me starting the arbitration?
  4. Hey guys, just got an update. The motion to compel arbitration is granted. yay!!! what is the next step? thank you so. much!!!! @Harry Seaward @fisthardcheese
  5. Got an update on the online case: ‘notice that plaintiff served defendant the original of plaintiff’s rule 26.1 disclosure statement on Date” what at is that? I haven’t been served anything at all....
  6. @Harry Seaward Here is what I have so far. If you could help me out and point out what I did wrong, should delete, or should add, that would mean the world to me! Thank you again! .
  7. I've attached picture of what they quoted for the economic waste part.
  8. I dont think they sent it by mail. on the case online, it says "electronically filed". Im getting a draft done right now, and will post it probably sometimes tonight when im done. I can't tell you how appreciative I am that you guys are helping us. Are you a lawyer? you seem to know all these things about law, and what to do and all, so it got me wondering Also, while thinking ahead, when filing this, what box do I check on the filing system? is it an answer, objection/opposition, statement, memorandum or something else? And last, do I need to cite cases or do I need to argue the cases they cited? Thank you
  9. I don't know what a pro team judge is but I take it, it would be int heir favor cost wise? I am reading the other thread you mentioned, trying to understand what I need to do, and how you respond to their objection. Also, do I only have 5 days to file my answer? They filed it on 4/30 but only hit the docket on 5/1. I didn't think they would respond so quickly and checked today and saw they did. So I basically lost 2 days already... I'm stressing out.... 😢
  10. @Harry Seaward you were right and they just responded to my MTC saying this: "1- Proceeding with Private Arbitration in this matter would result in economic waste. The arbitration provision should not be enforced as grounds exist in equity not to do so, as enforcing the provision would result in unnecessary economic waste. As Defendant elected probate arbitration after being served with the complaint, plaintiff has already incurred clerk's fees and service fees. If this court were to permit this case to be sent to private arbitration, plaintiff's filing costs may exceed the total amount of plaintiff claim. they then quoted the 9th circuit held in Van Ness Townhouses v. Mar industries Corp. Then quoted Arizona A.R.S 12-1501 2- The court should appoint a judge pro tem to act as arbitrator pursuant to A.R.S. 12-1503. Even if the court determines that the arbitration provision would not result in economic waste, then plaintiff request a judge pro tem to act as arbitrator in this case. Under ARC 12-1503, if the agreed method fails or for any reason cannot be followed for conducting an arbitration, the court on application of a party shall appoint one or more arbitrators. in the present case, it is clear that the agreed method of arbitration in this matter would result in: a) serious economic waste. b) achieve an absurd result not intended by the parties agreement. c) would undercut the purpose of arbitration of "efficiency and economy" For that reason, should the court be inclined to grant Defendant's request, then at the bare minimum, this court shall appoint a Judge Pro Tem and order said Judge to employ a process similar to that outline in rules 72 through 76 of the AZ rules of civil procedure. Pursuant to the parties agreement, the arbitration would be binding and non-appealable." What should be my next step? Thank you!!!
  11. Hi, I bought a house a little over 2 years ago. Got an FHA loan 0% down. Interest is at a whooping 5% even though my credit score was around 760. Was forced to have mortgage insurance on my monthly payments. Unfortunately a few months after getting the house, something happened and I had to stop payments on a few credit cards in order to be able to pay the mortgage. That ruined my credit. Ive been building it back up to about 560 since then. My question is: Is there ANY way, bank, credit union... where I could lower that interested rate, or at least drop that mortgage insurance? or am I stuck with this? It is with US Bank now. Thank you!
  12. Oh ok I get it. What do they usually come up with when responding to the MTC? Trying to get ahead of what I would need to prepare because 5 days to respond is not a lot of time when you're not familiar with these things.
  13. So if Midland does not respond to the MTC within the 20days, the case will be dismissed all together?
  14. Thank you @Harry Seaward. I first submitted the Answer with the $250 filing fee, then went back and submitted the MTC. It says the status is "pending filing", so hopefully everything is OK. now, I guess I just need to wait and hope for the best.... Do you know how long it takes to find out if the MTC is granted? anything I need to do to? How will I be notified?
  15. I tried e-filing, and I checked the "answer" for the file to submit, it works, but then I cannot add the MTC. It only allows me to add one "lead" and then I can only add connected files which is either a exhibit or a proposed order/judgement" How should I do this? Should I only file the answer online first? If I do that, can I go back after I submitted the answer and submit another lead (MTC)? OR can I create a PDF with the Answer AND the MTC together on the same file, and then select "Answer" as the lead, even though it also contains the MTC? Also, there is a question that says "Have you previously paid your appearance fee?" What is this? Thank you!
  16. I tried efiling through the link that you had provided a few posts back, but it is giving me this error: "Civil filings must be filed through AZ Turbo Court." I fond this website: file.azcourts.gov is that the correct one? If I efile the answer, should I select "Answer" or "Answer and counterclaim" since I have the affirmative defense? Also, for efiling the MTC, should I just select "Motion to Compel" or should I select something under the "arbitration" section? Lastly, they served the paperwork on April 8th. The 20 days would fall on Sunday the 28th, correct? If I go to the court on Monday the 29th, is that past the 20 days, or is it ok since the 20th day was a Sunday? Thank you so much!
  17. Yes that’s where I got the agreement from the first time. There is no date on the agreement though. Would that be an issue?
  18. Do you know where I can find the one from when my account was open?
  19. I got it on a website that I’ve seen posted here multiple times. I forgot the name of the website. But you can find agreements for a lot of credit cards.