Want2beclear

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About Want2beclear

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  1. @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.
  2. Never mind....I see in my Affidavit that it is says...."attached as Exhibit A." It's all together as one document.
  3. @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?
  4. 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).
  5. 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?
  6. @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.
  7. Done! Those make complete sense and I have made the suggested changes. Never realized there were so many abbreviations!
  8. 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
  9. 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.
  10. 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....
  11. OK, I have read, re-read, and re-re-read the below attached documents and I believe I have made all of the necessary corrections. If you wouldn't mind taking a look, I'd appreciate it. In paragraph 3, I state that I attached in my Exhibit a: true copy of Notice of Arbitration Election, Proposed Order, and the CMRRR....I also included the stamped receipt that shows I did send it (even though that is kind of redundant being that I have the signed receipt). Do you think I should remove the stamped receipt? Thanks! MTCA - Private.pdf AFFIDAVIT - Private.pdf
  12. I made a mistake and sent them an original...I had to copies that I had signed as a backup. Do you have any suggestions for my major mistake? The letters were identical, but the signatures are not the same....both mine, but not identical, obviously. (This is because I need to slow down and pay better attention).
  13. In their Summons on page 3 in parenthesis under Count #14, it simply states See attached Exhibits. They are not actually labeled anywhere as Exhibit A, B, etc. So, should I refer to it as "Plaintiff's Complaint Exhibit, pages 3-6 (which is the beginning and ending of the Sam's Club agreement they attached)?
  14. Way too many mistakes on my part. I will re-read and make the necessary changes, then re-upload. I tried taking documents from others and making changes BEFORE completing the Answer document. Obviously, I need to slow it down a bit and concentrate on the documents that I'm actually filing (instead of trying to prepare everything at once). Thanks for all of your suggestions, and patience.
  15. I found the specific thread/discussion re: BityM's Pretrial Statement. I'll work on editing it for my case.