Beachykeen

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Everything posted by Beachykeen

  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
  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 jud
  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 unco
  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
  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 t
  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
  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 ar
  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
  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 ST
  13. Also, may I ask, IF I'm denied the MTC and a finding is made today, will Midland immediately attempt to seize my bank account? Or do I have time to appeal? x
  14. Why would he deny the plaintiff's motion for a continuance? Does that mean that the judge thinks the claim is valid? Is the judge trying to help me (so to speak) or trying to make it harder for me? I am so sorry I'm finding this so confusing. I really and truly do utterly appreciate all of your help. ❤️ I found this online WRT account stated claims in Florida: __________________________________________________________________________________________________ COMPLAINT Plaintiff, A. B., sues defendant, C. D., and alleges: This is an action for damages that (insert
  15. I thought I was supposed to hand-deliver it personally during the hearing (or whatever it's called in judge's chambers)?
  16. Well, bloody hell. That means that they asked for a continuance and were denied. Is that bad for me? 😕
  17. @BV80 @fisthardcheese @Brotherskeeper I am so terribly sorry to bother you, but just yesterday evening, a slew of documents were uploaded to the docket and I'm desperate for help interpreting what one in particular means ~ On 7/15, Midland filed a motion to Continue to Trial, just yesterday, the judge denied it. I'm attaching them here. May I ask what that means? As of now, I'm still slated to have the meeting in judge's chambers this evening. I've not filed anything whatsoever as of yet, but am planning on taking the MTC (in triplicate) with my affidavit (again, in triplicate)
  18. @fisthardcheese Again, I cannot possibly thank you enough. You are bloody amazing!! ❤️
  19. My God, you all are BRILLIANT. Thank you so very, very much. I honestly can't thank you enough. One last thing, @fisthardcheese, please ... may I ask if you'd please look over my Proposed Order? I tried to make it look similar to the formatting I found in an old Midland case in my county I found online. I'd love your opinion on whether I mucked it up. ❤️ (I've attached the Judge's Order I found online here) IN THE COUNTY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CASE NO.: XXXXX MIDLAND FUNDING, LLC, Plaintiff, vs. BEAC
  20. But I don't know if it is a true and correct copy ~ it's literally just what I downloaded from the internet from the Comenity/HSN website. 😕
  21. @fisthardcheese I'm so sorry to be a pest, but is there a way to file the JAMS form electronically? I'm afraid if I send it off via post, it won't be received by anyone until after my court date. 😕 ETA: Well, I'm an utter arse. I asked and typed before I used my brain. I'm so sorry about that!! ❤️