Beachykeen

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About Beachykeen

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    Hillsborough County, Florida

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  1. You're right, I know. x I just still feel like this is all going much too fast and I'll get lost. I literally had nightmares all last night that I'd wake up to find my accounts frozen. Stupid question (my superpower, LOL), but will there automatically be a hearing for my MTC or only if it's opposed? I mean, Midland filed several motions and I wasn't invited to any hearing about them, so I'm assuming there's only a hearing if the other party objects, right? Or am I utterly wrong and the judge will call me in for a hearing on my MTC just to make me feel like a wanker? Again, I am so sorry for all the daft questions. I really do appreciate every shred of wisdom you and the others are so kind enough to share! ❤️
  2. It's funny that you mention that ~ I just messaged him as I think he was the other bloke who stunned our judge by requesting arbitration! His experience, with the exception of having his ducks in a row from the get-go (thanks to you here), was the same as mine. Our judge is not a fan of arbitration and did his level best to try to talk me out of it. The judge I saw at no point intimated that I should have filed an answer or the motion at or before the pre-trial conference. His issue was simply (it seemed) that I didn't do it before my actual trial (what I thought was a meeting in judge's chambers, but really was a trial, apparently). He seemed to be aggrieved that I didn't file my MTC weeks or days ago and was springing it on him wildly. What I've heard (mostly here in this forum) is that in Florida, even though judges can be quite the rogues, despite having law and precedents that make it easy for defendants to change their minds and request arbitration even AFTER answering, they're reluctant to listen. I know for a fact that (hoping I don't jinx myself) he made no mention of my needing to have answered or elected to arbitrate back at the pre-trial.
  3. I understand that if they continue to muck about with me in court, that they're not allowed to. I guess what I meant is if they decide to not follow me into arb, choosing rather to walk away, can they just let it die? Or do they have to file something to close it out. Meaning, can they drag this on forever, essentially?
  4. I absolutely wasn't insinuating that any of you have advised anyone to be duplicitous AT ALL. x TBH, I'm so gobsmacked at all of this and I do feel guilty over the debt and what's brought me here that I guess I'm worrying that you might think I'm dishonest. And I wanted to make sure you knew I wasn't. Does that make sense? I'm not sure if you took what I'd said as implying that you *would* advise someone to be dishonest, but I wanted to clarify that I wasn't just in case. And yes, I do think I'll edit those bits out. They don't add anything to the discussion and do make me uncomfortable. We're all anonymous using avatars and usernames for a reason, eh? And I do realise that I'm purely made of numbers and risk assessment to them; I guess I overestimate what a pain in the arsecheeks I can be and what lengths some might go to to give me comeuppance. So, if I'm awarded the MTC and they don't want to follow me into JAMS, will the case just founder and die on it's own? Or will I have to submit something? If they refuse to follow me into arb, doesn't that constitute disobeying the order? I do apologise for being so dense. x Again, @Brotherskeeper, you, fisthardcheese, BV80 and Robby8900 have been absolutely brilliant and I really do appreciate all of your help. I hope I can return the favour one day. ❤️
  5. Truer words never spoken. x Still, they might not have known it was me. Now, they likely would, seeing as how I've mentioned particulars. 😕 I think I'm paranoid. This has just really gotten me edgeways to arseways. I mean, I'm as steely as the next person, and I'll go through whatever I have to, but ... erugh. Plus, and this is just musing, of course, THEY were the ones who asked for the continuance that was initially denied. I'd think that the one that was awarded to me had to have been beneficial to THEM, too. I'm not going to think it was any kindness directed at me, at least. They're not in the business of being kind. 😕
  6. I feel like I'm playing chess with these lads. And since a DX of MS a few years back, my filter's completely buggered so I have no idea how I'm doing at it anymore. o_O May I ask if you think there's anything I ought to be doing at this moment? Or should I wait and see what Midland does? And sommat that's been bugging me ~ does anyone think the JDBs might be monitoring these boards? I'll not lie, the whole time I was talking to the judge and the lawyer lad, I wondered that. 😶
  7. You did, and I do wish I'd taken your advice. I had already typed everything up and had the bit at the bottom saying "served in person" and I really didn't know if they could be filed to the clerk that way. Plus, I didn't know how long it'd take between filing via clerk and the judge getting the MTC. On the one hand, I don't know how advanced WE are here in this area ~ on the other hand, I don't know what's possible. I was quite surprised that my MTC, that I'd filed literally with only half an hour left on the clock for business hours, was added to the website that evening. o_O Then add to all that, I left the house about 2-3 hours prior to my court date getting shite notarised. 😕 Basically, I'm a mess. And I'm terrified. I really do appreciate your advice ~ and I really do wish I'd taken it. x
  8. @Brotherskeeper @fisthardcheese I wasn't able to incorporate all of it ~ I had to leave to get things notarised and I live a bit aways from the courthouse, so I had to make sure I got there on time WRT traffic and all. I did get your suggest, Brotherskeeper, on including the precedents 7 & 8. But I didn't get 9. So, here's what happened yesterday. It's a bit long and I do apologise for that. 😕 I will bold the bits that are less my rambling and more factual. x Frankly, I'm a bit disheartened. When I arrived, the bloke (a lawyer, I'm presuming ~ thought not one of the ones listed in the suit) was already there. He was the one the judge had me go off and mediate with. He's a nice sort, actually. Thought I don't know how far to trust that niceness since he is, obviously, not on my side, and doing his job. Anyway, I got there about an hour early, prepared to sit and wait. After about 10 minutes he came over and sat down next to me, and asked about settling. He wanted to know if Midland had contacted me (they had, but only with a letter saying "We're suing you, pay us now") and wanted to know if I wanted to discuss settling before we went in. I told him no, that I was going to request arbitration. He seemed a bit surprised at that. We made a bit of small talk and went in a few minutes later. Inside, the judge asked what we were about and I said that I wanted to file a motion to compel arbitration. He said, and I quote "I'm not going to entertain that motion since you didn't file it." I said that I realised I was tardy, but my intent was to file it in person. He repeated again that it'd not been filed, but he'd allow a continuance ~ if the plaintiff didn't object. Well, of course he wasn't going to object ~ THEY had requested a continuance earlier and been denied. I ended up filing the MTC later that day, just to be on the safe side. So, may I ask @fisthardcheese @Brotherskeeper , do I continue on and initiate the arb? Or do I wait and see? I currently have a continuance, and the judge tends to take roughly 10 days to rule on motions (to be honest, since Hurricane Michael, the courts have been rather tied up with insurance small claims, so they're quite busy). What do I do, please? And I REALLY can't thank you both (and @BV80) for all of your absolutely SUBLIME help. I couldn't have made it this far without you. Before you, I was ready to throw in the bloody towel and take the piss. ❤️
  9. I am absolutely gushing, @fisthardcheese ~ you are BRILLIANT and I thank you so very, very much. xo I'll post back the results, if anyone's interested. x
  10. And then the Proposed Order: IN THE COUNTY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CASE NO.: XXX MIDLAND FUNDING, LLC, Plaintiff, vs. BEACHYKEEN., Defendant. _______________________________________/ ORDER TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND TO STAY THE CASE PENDING ARBITRATION 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. DONE AND ORDERED, in Chambers at BAY County, Florida, this _____ day of _________________, 2019 _______________________________ COUNTY COURT JUDGE Copies to: _____________________________, Attorney for Plaintiff, P.O. Box 290335; Tampa, FL 33867 IL_FL@mcmcg.com BEACHYKEEN
  11. My NOTICE OF ARBITRATION ELECTION. I don't think I NEED this, but it feels like I might need it and I'd hate to muck things up by not being utterly prepared. I did copy and paste the exact verbiage from the cardmember agreement ~ that's why the one bit is in bold and set in all caps. BEACHYKEEN MIDLAND FUNDING LLC P.O. BOX 2121 WARREN, MI 48090 JULY 24, 2019 CASE NO.: XXX NOTICE OF ARBITRATION ELECTION Pursuant to COMENITY/HSN cardholder agreement, I ELECT arbitration via JAMS to resolve all of our disputes. As per the agreement, " IF YOU OR WE ELECT TO ARBITRATE A CLAIM, YOU WILL NOT HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM." The agreement further states, "Arbitration may be elected by any party with respect to any Claim, even if that party has already initiated a lawsuit with respect to a different Claim. Arbitration is started by giving a written demand for arbitration to the other party." As of this notice you must dismiss or stay any and all actions in regards to the alleged debt pending the result of the Arbitration. BEACHYKEEN I CERTIFY that I personally presented a copy of this NOTICE to: PAYAL CHATANI / SEAN FISHER / MOLLY FITZPATRICK / CHASE HOGUE / COLLEEN E. LEHMANN / VALERIA OBI / JOHAN A. GREEN, Attorneys for Plaintiff By: BEACHYKEEN, Defendant, pro se Date: July 24, 2019
  12. @fisthardcheese @BV80 @Brotherskeeper I'm sorry for so many replies ~ but may I have another set of eyes on my documents? (Wherever I've made changes, I've highlighted it in red and bolded it) This is my MTC, edited to indicate my desire for JAMS (versus AAA): IN THE COUNTY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CASE NO.: XXXX MIDLAND FUNDING, LLC, Plaintiff, vs. BEACHYKEEN,., Defendants. _______________________________________/ MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND TO STAY PROCEEDINGS PENDING ARBITRATION COMES NOW the Defendant, BEACHYKEEN,, appearing Pro Se for its Motion to Compel Private Contractual Arbitration and as grounds thereto states the following: 1. That on or about April 24, 2019, Plaintiff filed its Complaint against Defendant. 2. Defendant moves this court to compel binding Private Arbitration via JAMS based on the terms and conditions of the Credit Card Agreement (see Exhibit A, 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. In addition, as per the Florida Sunshine Statutes, 682.02 Arbitration agreements made valid, irrevocable, and enforceable; scope.- (1) An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract. 7. The Defendant elects private arbitration via JAMS, pursuant to the Cardmember Agreement to settle this dispute. THEREFORE, Defendant respectfully requests that this Honorable Court compel private contractual arbitration via JAMS, pursuant to the Cardmember Agreement and to stay proceedings pending contractual arbitration. Respectfully submitted this day July 24, 2019 BEACHYKEEN,, Defendant, pro se I CERTIFY that I personally presented a copy of this MOTION to: PAYAL CHATANI / SEAN FISHER / MOLLY FITZPATRICK / CHASE HOGUE / COLLEEN E. LEHMANN / VALERIA OBI / JOHAN A. GREEN, Attorneys for Plaintiff By: BEACHYKEEN, Defendant, pro se Date: July 24, 2019