syrina

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About syrina

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    wisconsin
  1. I think I will submit a mtc for the citi bank one. I was worried that I would not be able to fight it cause of the small claims clause but what the heck why not.
  2. Yep and my hearing for the answer just got canceled and now its on to the status conference for my motion.
  3. Because of the Citi clause I think I am out of luck with the first case. All I have done with that was submit my answer of "No Knowledge......therefore must deny" answer. I am torn between just paying the 800 dollars or appeal.
  4. UPDATE! so tomorrow is the answer for the court. I just logged on to the Wisconsin EFILE system. I have a new document from the court telling me that on the 29th I have a status update hearing on my motion to compel arbitration. It feels like my mtc arbitration worked. I filed everything including the Synch agreements from 2016-2019, my affidavit stating that they were downloaded from the gov cc website,and my demand for arb to midland telling them that they had to pay all admin and arb fees. The doc from the judge says "this matter will not be adjorned by the court except upon formal motion for good cause, or with the specific approval of the court uponstipulation by all parties". Status of defendants motion for arbitration.
  5. That is super helpful WonderinginWi!! When you filed your mtc did you use an affirmative defense, or just the arb? I want to really make sure I get that part right. What cc agreements should I use? Would I use the ones from 2017-18, or the ones that are current?
  6. well just a quick update as to what is going on. I submitted my answer and midland and for a lack of a better word they got "pi**ed". The next thing that the law firm did was request to attend court via phone. The judge promptly shot that down. In fact the judge handwrote on the request that "lawyers must be in court for a trial". The midland lawyers sent me a really nasty admit to my guilt package with all of their evidence (last cc statement, and the usual affidavit of the keeping of their records. I know I am going to lose this case, and decided to take out a small 401k loan to get ready to pay this and have a back up for the 2 last debts I have on my name. After that i am debt free. But now onto the really good stuff. The last 2 debts I have were two syncronicity cards. These cards were sent to none other than midland and also to the same shadey lawfirm i iirrated with my current case. Midland of course decided to sue. Yhe lawfirm put both of the cards into one lawsuit. Oh boy the sync arbitration clause is really nice, I hope they like to pay for everything. I am going to file my answer with a mtc arbitration via the cc agreement, with JAMS. In court the jdb lawyer wants to combine these 2 cards,that does not mean that I have to in arbitration. It is a double whammy for one lawsuit. I am going to start another thread for these 2 new debts. I have enough funds from my 401k loan to cover everything but from here on out this girl wants to really make them hurt.
  7. That is what I am thinking too FHcheese. have you ever heard of the strategy of making a motion to dismiss in order to seek arbitration? I know that by losing small claims i can appeal and file arb in circuit, but I have been seeing some evidence of asking for a dismissal in turn for private arb. I know I can make the argument to the judge that this will unburden the courts with further litigation and after all it is in the contract. I also found an answer to what to say when they start the interogation tactics "Defendant is without information or knowledge to suffeciently form an opinion as to the truth or accuracy of the plantiffs claim."
  8. thank you so much BFTDEBT and company, the lights just came on in my head. I understand now how it works. Is there a safe way I can deny anything that the lawyer tries to shove in my face? there has to be some sort of legal vague response like "not to my recolection", or just even a simple "I dont know?"
  9. ok, so scratch that defense. can i make a motion to have my case moved to circuit giving me the right to arbitration right off the bat?
  10. In my case the same judge handles small claims and circuit court. I have been pouring over Wisconsin law, and cannot find anything that fits this defense. Having them prove proper notice is a FDCPA and the Wisconsin Consumer Act, right? I am sorry if I seem redundant with questions, the last and only time I was in court was jury selection, and I wasn't even chosen. I do understand though the strategy here and it is really sound. Also I found out that the plantiff is allowed to miss the first hearing for small court so that sucks. If midland has a statement with my account how should I answer that? Would I agree that it is my statement? Or deny that it is even mine? I know they are going to come after me and try to trick me up. And that is what is scaring me to death.
  11. I dont think they can defend agaisnt that. Wouldnt they have to send something via mail that I would have to sign to take delivery? I never had one person show up and ask me to sign anything.
  12. should I conntact midland for validation of the debt? or would this be too late or even to early?
  13. thanks for the advice. I am gathering up a major checklist from all this info and heading to the courthouse before the weekend to get proper proceedures and make sure I do not screw anything up. If the plantiff (midland lawyer) does not show should i file a motion for dismissal with pred? Or would that mess up my chances for arb?