arbitration or chapter 7

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  1. @Brotherskeeperthank you I did have #8 correct in my non-private version. I did notice after fixing the italic errors that in #7 I was missing pages 10-11) at the end of the paragraph. A question about that, I have it as (Pl.'s Ex., pp 10-11), in your opinion is the abbreviation of Plaintiff used correctly there?
  2. Thank you @Brotherskeeper for the hawk eye! I have been cutting and pasting from the different Michigan threads then auto correct tries to do it's job and this is what happens! All your time and suggestions/opinions are appreciated more than words can say. I will make the changes.
  3. @BrotherskeeperI have prepared my MTCA to file on Wednesday, Sept 18 assuming I do not hear back from Plaintiff’s attorney. I have the following items ready to submit: MTCA (copy is attached) – concerned about the language I used to describe the “Card Agreement” in paragraph 1 and 2 Affidavit (copy is attached) Notice of Hearing (copy attached) Attached to the Affidavit will be copies of the Proposed Order, Notice of Arbitration Election and a copy of the CMRRR dated September 11, 2019 that I sent to Plaintiff’s attorney labeled as Exhibit A. I will have this Affidavit notarized before submitting to court I will fill out the Notice of Hearing once I get that information from the Court clerk and mail a copy to the Plaintiff’s attorney. I will also have a copy of everything above in case a “Judge’s copy” is needed I am using your very thorough and appreciated description from Want2beclear’s case: After you get the the MTCA hearing date and time scheduled with the clerk, you will fill in that info on the Notice of Motion and Hearing, including the certificate of service to Plaintiff. (The court requires you to serve Plaintiff copies of everything you file with it, and swear that you did so.) The original Notice of Motion and Hearing that you file with the court clerk will have attachments: 1.) actual Motion to compel arbitration with your "wet ink" signature, 2.) original "wet ink" signed/notarized Affidavit of Want2bclear, 3.) "Exhibit A" documents, including a color photocopy of the CMRRR signed receipt, and 4.) the signed certificate of service (which may in your case be at the bottom of the Notice/Hearing form). Photocopies of the above items (the Notice of Motion and Hearing with all attachments) will be mailed to the Plaintiff on the date and by the method sworn to on the certificate of service. If the judge requires his/her own copy, then photocopies of everthing filed with the court go to the judge, marked "judge's copy" on it. Another set of photocopies of everything filed with the court and stamped by clerk and/or sent to the Plaintiff are for your files. I would make a photocopy of the addressed, stamped envelope that you mail the Plaintiff's copy in. MTCA final to post.docx AFFIDAVIT cavalry final.docx notice of hearing.pdf
  4. Notice of Arbitration and Proposed Order mailed (Certified/Return Receipt) to Plaintiff on Monday and signed for today so now I start the 7 day countdown to filing the MTCA
  5. These results are so encouraging, thank you @Want2beclearfor all your posts!
  6. I am filing my answers/affirmative defense, notice of arbitration election and proposed order on Monday. I have used the same template I am using in my other case (Cavalry lawsuit) but wording in the Portfolio Complaint was different. I feel like I am getting the hang of this with the invaluable information found on this forum but thanks in advance for any suggestions anyone might have with the attached docs. Portfolio Answers and affirmative defense.docx Portfolio notice of arb.docx PORTFOLIO Proposed Order COURT.docx
  7. Below is the Complaint and Arb agreement. Plaintiff's Exhibit A is the bill of sale from Citibank, Exhibit B are statements, and cardmember agreement The Complaint does not list Breach of Contract which I thought was the standard? Sep 9, Doc 2 (1) (1).pdf Sep 9, Doc 1 (1).pdf Sep 9, Doc 3 (1).pdf
  8. 2nd of my current cases so I thought I would start a new thread to keep them separate. 1. Who is the named plaintiff in the suit? Portfolio 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Weltman, Weinberg & Reis 3. How much are you being sued for? $7500 4. Who is the original creditor? (if not the Plaintiff) CitiBank 5. How do you know you are being sued? (You were served, right?) Served 8/26 6. How were you served? (Mail, In person, Notice on door) in person 7. Was the service legal as required by your state? Yes. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Oakland County, Michigan 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2/2018. 11. When did you open the account (looking to establish what card agreement may be applicable)? 12/2007. 12. What is the SOL on the debt? 6 years. 13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). They served me have 21 days to answer 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No 16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? See attached below 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. – Statements, cardholder agreement, JDB Bill of Sale and Assignment, 18. How did you find out about this site? originally google
  9. Thank you @BrotherskeeperI think I may be getting confused by jumping between BitsyMI and Want2beclear threads, I need to do a better job separating the two . I was going to follow what BitsyMI did in her case so the above MTCA is going to be included as a courtesy/convenience for the Plaintiff when I send the Notice of Arbitration so it has not yet been rejected and not an official Motion filed with the Court. In that case I would not have to do the affidavit until I officially file the MTC with the Court? I believe she included a copy of the Proposed Order for her motion to compel arbitration along with this arb election notice. Her notice had a sentence at the bottom about the Proposed Order being included for their convenience, or something to that effect. The signed receipt of the elcetion notice started the 7-day clock for the rejection/acceptance of the Proposed Order, according to the Michigan Court Rules. After 7 days with no response, the order is deemed rejected. When you do the motion to compel, you're required to include an affidavit with a copy of the Proposed Order attesting that you first sought Plaintiff's concurrence before filing the motion, which was rejected. Check Bitsy's thread for this info. I think I need to take a breath and keep it simple, I will file the below docs on Monday and then file the MTC with affidavit and hearing date and time when the 7 day clock expires. Any suggestions on the below docs are appreciated. Thank you so much again for your time and posts. Answer and Affirmative defense.docx Proposed Order.docx Notice of Arbitration Election final.docx
  10. @Brotherskeeperthat does answer the question, thank you. Could you take a look at the MTCA below? I wasn't sure if I should add a section with the Survival and Severability of Terms legalese when referencing the Agreement arbitration section. The Survival terms outline that the arbitration agreement survives "any sale of your Account, or amounts owed on your Account, to another person or entity." MTCA final.docx
  11. @Brotherskeeperthank you I will review her posts again. Want2beclear included a cover sheet marked Exhibit A in his notice of arbitration, in your opinion should I also include that?
  12. Thank you @Brotherskeeper. I am attaching the rough draft notice of arbitration, I feel like the more legalese the better so in your opinion should I add more of the arbitration wording to this notice? Notice of Arbitration Election to post.docx
  13. In my Notice of Arbitration Election that I send to the Plantiff's attorney do I just include the following paragraph from the Card Agreement Arbitration Section? "Arbitration may be requested at any time, even when there is a pending lawsuit, unless a trial has begun or a final judgement entered.Neither you nor we waive the right to arbitrate by filing or servicing a complaint, answer, counterclaim, motion, or discovery in a court lawsuit. To choose arbitration, a party may file a motion to compel arbitration in a pending matter and/or commence arbitration by submitting the required AAA forms and requisite filing fees to AAA."
  14. @BackFromTheDebt Thank you for the information regarding Midland...I had no idea that may be an option with that lawsuit. I have included below my answer but still need to put together the MTCA and notice of arbitration election. I have put together my answer by looking at both Want2beclear and BitsyMI posts as they all seem similar but my head is spinning from going back and forth to the various documents and comparing...I don't expect my first draft to be perfect but any suggestions would be appreciated. Answer to post.docx