Want2beclear

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About Want2beclear

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  1. I might have mistakenly called it that....and no, I have not received anything from the plaintiff, as of yet. I expect it today(Monday), tomorrow at the latest. Once I receive it, I'll post a copy here. When our case was called in front of the judge, the plaintiff said we had reached an agreement to dismiss with prejudice, that he would send over the paperwork for me to sign, and once it was signed it would be submitted to the Court.
  2. No kidding! The way he was talking to me, he was trying to make it sound as if he was doing me a favor...you know, with leaving the whole negotiation option still on the table. I swear, it took him maybe 1 second in total to make his counter offer once it became apparent that I would go through the motion for arbitration. I have to admit...at first I thought the plaintiff didn't show up because it was almost 9:15 before he entered the courtroom. I was thinking, great, how do I ask the judge to dismiss the case because he didn't show....without sounding like an idiot. lol The woman he talked to before me...I wish I would have stuck around just to see what he offered her....somehow, I have a feeling that he struck up a payment plan deal.
  3. I honestly believe that many of these JDB attorney's just want a quick win/default judgement. Follow the advice of @Brotherskeeper, he definitely knows his stuff. It can sometimes seem confusing dealing with legal-ese/terminology, but work through it slowly. Follow the advice and ask questions. Good luck!
  4. No worries. I posted it kind of late. Well, I showed up at 8:40, checked in, and went inside the court room to wait. Around 9:10, an attorney came into the court room and called out a woman's name and my name...said he would speak to me after he finished with the woman. A few minutes later he comes back in and asked if we could speak outside for a moment. We sit and asks if I have ever went through arbitration before. I replied I understand the process of arbitration. He says good, then you understand that once arbitration begins we won't be able to negotiate any type of settlement. He continues to say that if I lose, I will only have 28 days to pay the balance of which is (he fumblers thru his paperwork for my case) $1800. I replied, I fully understand that, but I still intend to file arbitration (I didn't say this cocky or arrogantly, but rather confidently). He says, oh, so you still want to do arbitration. When do you plan on filing. I said, I will have it filed by 1:00PM today. He then quickly says, okay, how about this....I send over a consent judgement dropping the case if you agree to not pursue arbitration. I repeat it back to him, so, you'll drop the case with prejudice if I agree to drop the arbitration? He says, yes, I can have it typed up and sent over to your home in the next day or so. We agree, shake hands, and continue back into court to enter that resolution on record with the judge. So, it's a WIN! Thank you for all your help! Obviously, I could not have done this without your expertise. I have another question. Could I have attempted to open an arbitration case before they attempted to sued me? I mean, the arbitration process would be the same, correct? Cavalry would need to hire a lawyer, pay the arbitration fee, etc...right? Then, I would only agree to drop the arbitration case if they agree the debt isn't mine....
  5. @Brotherskeeper - Tomorrow is the Pre-trial and Motion at 9am. I never heard from the plaintiff. Also, I did not receive anything from the courts asking to complete a pre-trial statement. Is that normal for a MTCA? When I checked the court's Register of Actions, I see the below info: 08/16/19 ALL PRE-TRIAL SCHEDULED EGT 09/11/19 09:00A ALL NOTICE TO APPEAR ISSUED EGT MOTION FEE PAID $20.00 RCPT # D380209 EGT CASH TENDERED EGT ALL PRE-TRIAL ADJOURNED EGT 09/11/19 09:00A ALL PRE-TRIAL AND MOTION SCHEDULED EGT 09/11/19 09:00A D01 MOTION FILED (COMPEL ) EGT 09/06/19 ALL MOTION FOR SUMMARY DISPOSITION SCHEDULED EGT 10/23/19 09:00A
  6. @Brotherskeeper I have filed my MTCA and Affidavit along with my Notice of Hearing. I then made copies of those and sent copies to the Plaintiff. I have a pre-trial hearing set for Sept 11. I will research what happens at a pre-trial hearing and plan accordingly. I have yet to hear from the Plaintiff.
  7. Never mind....I see in my Affidavit that it is says...."attached as Exhibit A." It's all together as one document.
  8. @Brotherskeeper I'm getting ready to file my MTCA and Affidavit. When I looked at the Exhibit pages, I see I put headings on such as below (because they are part of my Affidavit). Is that correct? Or should they just be blank headings...or does it not really matter?
  9. Yes, that was an extremely thorough explanation...and I appreciate that. (I'm pretty sure there is a joke here about the amount of hand holding I've been asking you to do with me....but I'll refrain from it and simply state Thank You. I sincerely appreciate the amount of time and effort you have put into my case. If others in this world displayed this type of kindness more often, we would live in a much better place).
  10. Just to be clear...the attached Motion, Affidavit and Exhibit A will be a copy of the one I signed and actually filed with the court, correct?
  11. @Brotherskeeper So, I've been re-reading BitsyM's thread to get a better understanding of what the process is once I begin the filing of the MTCA. Is this correct? I will need to get my Affidavit notarized, make 3 additional copies of the notarized MTCA & Affidavit. The original gets filed with court, a copy is sent to Plaintiff. Label a copy for Judge, in case it is required. BitsyM said she had her exhibits labeled....Is that done by the court...like an Exhibit stamp? or is it enough that my affidavit has a page stating Exhibit A? At the same time, I will be required to file a Notice of Hearing. Also, when I send a copy of the MTCA to the Plaintiff, should I do another CMRRR or will the Proof of Service section in the MTCA that I am filing be sufficient? I have downloaded the Notice of Hearing and Motion and have begun to fill it out. Looks pretty straight forward. However, I have a question: In the area where it says Motion, I should enter that: I move the court to compel private arbitration based on the Synchrony Bank "SAM'S CLUB PERSONAL CREDIT CARD ACCOUNT AGREEMENT, pursuant to MCR 2.119, the Federal Arbitration Act ("FAA"), 9 U.S.C. § 1, et seq., and the Michigan Uniform Arbitration Act, MCL 691.1681- 1713, as grounds and authority.
  12. Done! Those make complete sense and I have made the suggested changes. Never realized there were so many abbreviations!
  13. Here are my updated motion and affidavit. I'm still not sure if I need to change paragraph 1 and remove “SAM'S CLUB PERSONAL CREDIT CARD ACCOUNT AGREEMENT." Thanks again. Affidavit - Private.pdf MTCA - Private.pdf
  14. I made the change to Mobility It was correct in the non-private version, but I made that change in the private version I uploaded. Yeah, the private version I uploaded was incorrect....but the non-private version was correct. Nonetheless, I made that correct changes to the private version. I will upload them shortly, if you wouldn't mind another look-through.
  15. OK, so if I change this: "...and hereby moves this Honorable Court to compel private contractual arbitration based on the Synchrony Bank SAM'S CLUB PERSONAL CREDIT CARD ACCOUNT AGREEMENT, (" the Agreement")" In --> 1. Defendant was personally served with the Summons and Complaint in the above-captioned matter on July 23, 2019. Plaintiff alleges, "as assignee of Synchrony Bank," that an account with "Synchrony Bank/Sam's Club" belonging to Defendant was "transferred, sold and/or assigned" to Plaintiff. Attached as a Complaint exhibit is a “SAM'S CLUB PERSONAL CREDIT CARD ACCOUNT AGREEMENT,” ("the Agreement"), that Plaintiff asserts is the contract that governs the subject account. "Section III: Standard Provisions" of this Agreement contains a binding Arbitration provision (Plaintiff’s Complaint Exhibit, pages 2-4), incorporated herein by reference. Do I remove the red text and just leave it "the Agreement?" --I don't quite understand how to refer to things correctly....