TroubleinFL

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About TroubleinFL

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  1. Unfortunately, time does not allow me to do this as my pre trial conference is to soon to get everything sent via certified mail and back. So my gameplan is to STEP 1: Go to my PTC, I will listen to the mediator and attorney and settle if it is an ridiculously low amount. STEP 2: Provided there is no acceptable settlement, I will ask for a trial date 30 days or more in the future. STEP 3: I will then file my MTCArb (see above) with the clerk as my answer after my PTC (or should I wait and mail it in?). STEP 4: Send a copy via certified mail to PRA's attorney. STEP 5: Wait. Please advise if I am missing something.
  2. Okay, thank you. That's the advice that I was thinking that everyone is pointing me toward doing. My understanding, from reading the Florida Small Claims Rules provided me earlier, is that I don't need to file the answer ahead of the pre trial conference but please correct me if I'm wrong, that I just show up to my PTC and they will try and talk me into settling and that's where I tell them I want to go to trial and then file my MTC. Now, do I have the Clerk stamp the MTC as soon as I walk in or do I wait until after the PTC to have it stamped and filed?
  3. Thank you. Do I create a new number and put them there or do I include them under one of the current numbered points?
  4. Thanks. Do I need to put the case heading at the top of the MTCArb as well? And do I need to change "Defendant" and "Plaintiff" in the MTCArb to my name and theirs? I'm not sure, that's kinda what I'm asking to be honest. I'm guessing they are going to try and get me to settle? Do I admit that I own the account? Do I ask for any other proof to verify that I am thinking it is the correct account? Do I tell them that I want to invoke arbitration? ETA: Do I need to include any FL Statutes within the MTCarb? I've got a copy of the Synchony Credit Card agreement to include. Do I need to copy and paste the Synchrony Arb Clause into the MTCarb?
  5. Okay, thank you. How should I answer the questions at the pre trial conference? I'm a bit confused and not sure what to expect. So is this sufficient for my MTCarb? MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND TO STAY PROCEEDINGS PENDING ARBITRATION NOW COMES Defendant, appearing Pro Se for its Motion to Compel Private Contractual Arbitration and as grounds thereto states the following: 1. That on or about xx XXXXX, 2019, Plaintiff filed its Complaint against Defendant. 2. Defendant moves this court to compel binding Private Arbitration based on the terms and conditions of the Credit Card Agreement (see Exhibit B, attached). 3. The parties are bound by the Credit Card Agreement. The Arbitration Agreement states among other things: (a) YOU AND WE AGREE THAT EITHER YOU OR WE MAY, AT EITHER PARTY’S SOLE ELECTION REQUIRE THAT ANY CLAIM BE RESOLVED BY BINDING PRIVATE ARBITRATION. (b) IF YOU OR WE ELECT PRIVATE ARBITRATION OF A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY. (c) YOU OR WE MAY ELECT ARBITRATION UNDER THIS ARBITRATION PROVISION WITH RESPECT TO ANY CLAIM, EVEN IF THE CLAIM IS PART OF A LAWSUIT BROUGHT IN COURT. YOU OR WE MAY MAKE A MOTION OR REQUEST IN COURT TO COMPEL PRIVATE ARBITRATION OF ANY CLAIM BROUGHT AS PART OF ANY LAWSUIT (d) CLAIM MEANS ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND OR NATURE BETWEEN YOU AND US. (e) THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY AND ENFORCEABLE UNDER THE FEDERAL ARBITRATION ACT. 4. The Federal Arbitration Act (FAA) 9 USC, Section 1-2 provides: “A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract, transaction, or refusal, shall be valid, irrevocable and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract”. 5. The Supreme Court Ruling, decided April 27, 2011, AT&T MOBILITY LLC v. CONCEPCION ET U, states that courts must enforce arbitration agreements according to their terms. If there is an arbitration clause in the contract, that clause must be honored. "We have described this provision as reflecting both a “liberal federal policy favoring arbitration,” Moses H. Cone , supra, at 24, and the “fundamental principle that arbitration is a matter of contract,” Rent-A-Center, West, Inc. v. Jackson , 561 U. S. ____, ____ (2010) (slip op., at 3). In line with these principles, courts must place arbitration agreements on an equal footing with other contracts, Buckeye Check Cashing, Inc. v. Cardegna , 546 U. S. 440, 443 (2006) , and enforce them according to their terms, Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ. , 489 U. S. 468, 478 (1989) ." Furthermore, "The “principal purpose” of the FAA is to “ensur[e] that private arbitration agreements are enforced according to their terms.” Volt , 489 U. S., at 478; see also Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp. , 559 U. S. ___, ___ (2010) (slip op., at 17). This purpose is readily apparent from the FAA’s text. Section 2 makes arbitration agreements “valid, irrevocable, and enforceable” as written (subject, of course, to the saving clause); §3 requires courts to stay litigation of arbitral claims pending arbitration of those claims “in accordance with the terms of the agreement”; and §4 requires courts to compel arbitration “in accordance with the terms of the agreement” upon the motion of either party to the agreement . . . " 6. The Defendant elects arbitration to settle this dispute. WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration pursuant to the Cardmember Agreement and to dismiss Plaintiff’s complaint due to Lack of Subject Matter Jurisdiction or in the alternative, to stay proceedings pending contractual arbitration. Respectfully submitted this day xx XXXX, 2019 ME, Defendant, pro se ORDER TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND TO STAY THE CASE PENDING ARBITRATION Case No. xxxxxxxxxx COUNTY COURT OF THE xxTH JUDICIAL CIRCUIT IN AND FOR xxx COUNTY, FLORIDA, SMALL CLAIMS DIVISION PLAINTIFF VS. Case No. xxxxxxxxxx ME, DEFENDANT The foregoing Motion having come before the Court and having been duly considered, it is hereby ORDERED: _______ GRANTED / _______ DENIED Further, this case shall be stayed pending the outcome of private arbitration. This _____ day of _________________, 2019 By: _________________________________ Judge of the ____________ Court ETA: I did copy this from the Arbitration 2018 post and edited what I knew that I needed to edit, I deleted #2 which stated that I sent a letter to their attorney, which I did not do. Thanks.
  6. Okay, so at the pre trial conf, I give them my written MTCArb after I tell them that I do not recognize the accounts based on the evidence they've provided? Or do I leave out the fact that I do not recognize either evidence and tell them I want a trial and then give them my written MTCArb when they try to get me to settle?
  7. Thank you. I did have a Synchrony Bank card that I defaulted on so that's my only hesitation with regards to a counterclaim. I wish I could afford an attorney but again, I am in financial ruin after Michael and struggling to make it day to day. Hence my need for help. I did go to CFPB site and download Synchrony Credit Card statements. Where can I find a Motion to Compel Arbitration template? And by playing dumb and saying that I do not recognize any of the cards they are refencing at the pre trial conference, are you saying that I have "answered" the lawsuit and have thusly waived my right to arbitration? Again, the claim references "...an extension of credit by Synchrony Bank." in one line and then "The original card number was ************xxxx." where "xxxx" represented the last 4 digits.
  8. That's my bad as I'm getting confused as well. The claim states Synchrony Bank. The 3 pages of the account summary for the woman is Cap1. Is there a link to a template for a MTCArb that I can build on?
  9. Thank you. The papers that they sent do not contain anything about arbitration, my name or my address. It is for a woman in another state and is a 3 page Cap1 statement. I do not know this person at all, never have. Hence my confusion as to what to do. Within the complaint, they list the last 4 digits of a card/account that I have no idea was mine or not as I have gone through quite a bit since I had a Synchrony Cap1 card more than 2 years ago and have no access to any of my records due to a natural disaster and losing my house. Am I even eligible for arbitration as I've read that Cap1 removed the arbitration clause from all of their agreements several years ago?
  10. Thank you all for taking time to provide me excellent answers as I am asking questions to learn, and I thank you all for taking time to teach me and others about these situations. If you were in my shoes, and you had received the same summons with another person's account attached to it, would you ask to see the proof they have regarding your account? If they do not show up with any records relating to your account at the Pre Trial Conference, would you push for a trial or ask for dismissal based on lack of evidence?
  11. So, hypothetically, if I walk into court with a piece of paper that states that PRA owes me $15000, a piece of paper saying that Joe sold me their debt, and a spreadsheet entry stating that I bought their debt from Joe's Credit Company, then that is all that I need now?
  12. Thank you for the encouragement and reassurance. I apologize for not responding sooner but dealing with contractors in my area has been challenging. due to our circumtances here. ETA: We are dealing with contractors because we have to, not because we want to. Without giving too much more away, natural disasters are not fun before, during or after at all. Just didn't want you to think that I'm being a slacker. I now have to focus on gameplanning. Does the "produce a signed contract between myself and PRA" defense not work anymore? To refresh, it is an "Account Stated" suit and I am going to a pre trial conference as opposed to a trial first. Thanks.
  13. LOL, nope not blind. I read to be careful and to never admit or deny anything in writing in these forums because of watchful eyes. And yes, trying to get to a plan of attack but my scrambled brain is causing me to not articulate this very well at all. My thinking is to go to the PTC, deny and ask for a dismissal or trial. If denied a dismissal, that starts the a) Denial with a MTCD or b)MTCA. I realize I am ignorant in lots of ways and I'm okay with being told I am dumb as long as you give me legitimate reasons so please feel free to tell me that I am going about this the wrong way and how I should be going about this. I am asking for lots of advice. Thanks again for all of your help.
  14. It is and that is exactly what I've been looking for, thank you. When I googled, "What happens in a pretrial conference in Florida" nothing was telling that exactly. The above is my exact situation as of right now so I'm trying to gameplan for this as well as the next steps.