• Content Count

  • Joined

  • Last visited

  • Days Won


BitsyM last won the day on December 24 2019

BitsyM had the most liked content!

Community Reputation

11 Good

About BitsyM

  • Rank
    CIC Member

Profile Fields

  • Location

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. @Brotherskeeper First and foremost, thank you so much for your help! I appreciate every response and all of the information that you have assisted me in finding, and for providing. I tried to go to the court yesterday, after checking on the website to ensure that they were open. I pulled up and the doors were locked. Closed today and tomorrow as well, I'm assuming. The judge just said that I had a week to file for arbitration and send the election of arbitration to Midland (on 12/18/2019). I mailed CMRRR to Midland, the attorney, and JAMS a copy of election of arb., copy of agreement, cover letter to JAMS denoting what enclosed (demand form, 2 copies of agreement, notice of election that I sent to Midland and attorney). I also noted that I was requesting that Midland pay the fees per the enclosed agreement. I included in all 3 mailings a signed and dated certificate of service. I have a copy to drop off at the court of everything that was sent and copies of the CMRRR green card. So, I did everything within the 7 days from the 18th. Now I guess I just wait for JAMS, or Midland to contact me. I've never had the process go this far. Thank you also to @fisthardcheese for all of the information that you have taken the time to provide on this forum. I could not have made it this far without the information. I greatly appreciate it.
  2. @Brotherskeeper I plan to do exactly that regarding the filing fee Should I send everything to both Midland and their attorney? Of course CMRRR via USPS.
  3. @Brotherskeeper and @Harry Seaward- Thank you! That's what I thought, but I needed some reassurance. I appreciate the help To answer your question about the wrong venue- the judge told me that they did handle parts of Northville City, not just the township, no violation. I don't think that I would qualify for a waiver.
  4. Can anyone help me out quickly? Went to court on Wednesday the 18th. Judge set aside the default judgement based on my Affirmative Defense in my Answer. I have one week to send the attorney for Midland my Election for Arbitration Notice. I've got that covered. My question is the JAMs part of it. Can someone look at the attached agreement and let me know if I can request that Midland pay the fee for filing? I need to run to the court house today as soon as I leave work to provide proof that I have sent the letter and began the arb. process. Thanks in advance for any advise or help. CC Agreement.pdf
  5. @Goody_Ouchless-answer was posted above 😊 Update-hearing today for Motion to Set Aside Default Judgement was granted by the Court. I have a week to send the opposing counsel my Arbitration Election Notice. I also plan on filing a copy with the court (of my application with AAA) We’ll see from here....
  6. @Brotherskeeper- No. I did not file a MTCA. My apologies, I missed that questions. @Goody_Ouchless- No worries. If I was trying to cover anything, I certainly wouldn’t be posting on the interwebs
  7. @Goody_OuchlessEven if “they” monitor these boards, I still need advice... Worst case scenario, I pay an attorney to handle this on my behalf. At this point, the amount of stress that this has caused me, is worth paying a couple of thousand dollars to an attorney. Between a very sick child, an on-going custody battle, and normal day to day crap, Midland Funding can kiss my whole behind.
  8. @Brotherskeeper Attached is the Summons and Complaint and my Answer. My answer stated that it was not the proper venue. At the first hearing the judge denied that then set the date for the hearing for 11/06. That is the one that I missed. My defense is that I responded to the complaint, showed up for the first hearing, called immediately after missing the hearing on the 6th, showed up and filed the Motion and Affidavit to Set Aside Default Judgement. Midland Summons and Complaint Redacted.pdf Civil Answer Redacted 07.13.2019.pdf
  9. @Brotherskeeper- that is correct. I have my daughter's attendance record from school to show that she was absent on 11/06 and documentation to show that we were at the doctor on 11/07. I received the attached opposition that was filed by the attorney for Midland. I received the letter on Saturday. Not quite sure if I need to take any action, other than showing up at the scheduled hearing on the 18th with a copy of the card agreement, attendance record, and doctor's note? I'm going to scan and upload my Answer that was filed in response to the Complaint and Summons. Opposition Letter Redacted 12.16.2019.pdf
  10. I suck for being a super procrastinator and not adequately preparing, but the outcome was good. Dismissed w/out prejudice. Met with Midland's attorney prior to the hearing, showed that I had the AAA documents ready to be completed, a copy the card agreement, and nerves of steel. One more to go....
  11. Latest and greatest. Served 06/07/2019. Responded- denied all, provided affirmative defense (binding arbitration). Settlement conference hearing is today at 2pm. Do I just take the card agreement marked as Exhibit A, and verbally ask the judge to set aside, or dismiss pending private contractual arbitration? I was also planning to print out a copy of the application for arbitration through AAA to show that I was ready to do so that day. Also planned to have copy of Proposed Order to Dismiss, or in the Alternative, Stay Proceedings Pending Private/Contractual Arbitration. Not sure if I can do this as I never filed a MTCA. Can anyone give me any advise before I head out in an hour or so...?
  12. I went back to the court. Filed a Motion and Affidavit to Set Aside Default. I included a copy of the card agreement and stated that there is a binding agreement with an arbitration clause. Hearing is scheduled for two weeks from now. Any advice as to what I need to take with me to court, document-wise, or say when I go? Other than that I have diagnosed anxiety and panic disorder and would rather deal with arbitration? (Joking. Half joking)
  13. Synopsis- Sued by Midland Funding. I responded in the proper amount of time with denying all the the items in the complaint. I was prepared to go to the pretrial settlement hearing. Date in my planner and in my phone. Made a huge mistake and put in on the Tuesday of the following week, so Nov. 13 instead on Nov. 6. My daughter was ill on November 6th and had to go to the doctor. Missed school for 2 days. Since we were home, I opened my huge file to last minute prepare for the pretrial settlement hearing the next week because I had done nothing to prep. My plan was to ask the judge to stay or dismiss pending contractual arbitration. When I opened my file, saw that I had missed the court date the day before. I freaked out, called the court and was advised that a default judgement had been entered. I was told that before I could do anything else that I needed to file a motion to set aside the default judgement and that I could do so at the court. The woman advised that they had the forms and I would fill them out and pay $20. My naive thought was I would fill in the blanks and write that my daughter was ill, I could prove so with paperwork from doctor and attendance documentation from school. When I showed up at the court on Tuesday 11/12 (Monday was Veterans Day and court was closed), I was told that I needed to write in why I didn't owe the money for the default judgement. I explained that I had planned to ask the judge to stay or dismiss, etc... I was then advised that I should come back with more documentation. Do I have any chance of getting the default judgement set aside? Should I just call Midland and set up payments? Amount is around $2,100 from the default judgement. Debt is 5 years and 9 months old, so not out of the statute of limitations. I appreciate any help or advice.
  14. @Brotherskeeper I will definitely take that advice and call for legal advice. I'll report back with my findings, in case anyone else should ever run into this problem.
  15. @Brotherskeeper Thank you. I'm not going to risk it and will just file an answer just to be safe.