arbitration or chapter 7

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  1. A quick update in between travel this week to update this thread. Attaching the final version of the Reply Brief which I used in my case against PRA. This Reply Brief was in response to PRA asking the Court to deny my MTCA (their response is above). Recap on this case, PRA claimed MTCA should not be accepted based on the following argument: 1. I hadn't filed an arbitration request directly with AAA yet and instead chose the litigation route by choosing to file an Answer and Motion in court. PRA attorney was adamant that arbitration had to be filed as soon as I received the Complaint. Attorney chose to ignore the arb agreement language which clearly stated the opposite. The Reply Brief responds to this claim by the PRA attorney. Thank you to @Brotherskeeperfor all the time, thoughts and support on this case as it led to a very favorable outcome I will update this thread later this week with all the details for those that find themselves facing the same argument by the JDB. reply brief final no name.docx
  2. @fisthardcheese I would also add that at no time did the Calvary attorney hint or mention that arbitrators deny their cases...the decision to settle was in part to my self doubt being in a new situation and not confident in my ability to argue the case effectively if it came to that. Now that I have been through it I have more confidence going into the other case I have going on and plan to win my MTCA
  3. I am still working on a way to add that the AAA Consumer Demand for Arbitration form verbiage that asks that you file a copy of the court order for arbitration (if ordered). I would think this would show the Court that the extra time it takes to file a MTCA (and any replies) is another factor in making sure the arbitration forum will accept your case vs not having a court order. The form includes the following: 7. Send a copy of this completed form to the AAA together with: • A clear, legible copy of the contract containing the parties’ agreement to arbitrate disputes; • The proper filing fee (filing fee information can be found in the Costs of Arbitration section of the Consumer Arbitration Rules); and • A copy of the court order, if arbitration is court-ordered. The summary disposition rules state that the Reply Brief must be confined to just a rebuttal of the arguments but I have included a background section to cover the timeline since PRA claims I have delayed the process, I believe this background info combined with the argument section shows the Court the delay argument made by PRA is ridiculous. Still in rough draft form so any suggestions/critiques are welcomed! reply brief portfolio.docx
  4. Thank you @Brotherskeeper! I am going to read/review this all tonight and begin to write my reply to their request to deny my motion. I will post my reply when completed. So interesting that they are comparing my 1 month arbitration timeline to the case they cited which was 2 years!
  5. Received in the mail today the PRA attorney's reply to my MTCA asking for its denial. Attached is their response to the MTCA. Bottom line is they are claiming I cannot elect arbitration because I waited too long and have still not filed and that I have elected litigation in District Court rather than arbitration. Also mentions that I caused Plaintiff prejudice because of failure to timely file arbitration. Our MTCA hearing is October 22nd which is the earliest date the clerk had to hear this motion when I filed it. arbitration response.pdf
  6. @Goody_Ouchless thank you for the post. The verbiage used on the order was "this case is dismissed based on the settlement agreement of the parties"
  7. Thank you @Brotherskeeper! I wasn't quite clear as to if a pretrial is considered the start of trial . By the name alone I assumed I was still in good shape with the arbitration but appreciate the response. I will update this thread on 10/17 .
  8. @Brotherskeeper I haven't updated this thread but a new development has occurred in my case. I filed the MTC after 8 days of not hearing back from the Plaintiff in regards to my notice of arbitration, unfortunately the pretrial hearing was already scheduled and I could not get a MTC hearing date before that pre trial hearing. So on 10/17 is the pretrial and on 10/22 the MTC hearing is scheduled. My concern is the arbitration is good unless a trial has started or a judgement has been in Michigan the question is does the "pretrial" hearing count as part of the trial and if so I am thinking I should go ahead and file the arb online before the pretrial date of 10/17 to show the court I went ahead and initiated arb. Any experience with this issue?
  9. Yesterday I had my MTC hearing and wanted to report back the results to share the result and close out this thread. I arrived at the courthouse 30 minutes prior to the hearing to go over all my notes and mentally prepare, was admittedly nervous but this is what I signed up for so was ready to walk out of there with my arbitration order. The courtroom was locked so plaintiffs and defendants began filling the hallway while waiting to enter the courtroom, the bailiff came out and started checking people in by asking their name and if they had talked to the other party yet. It seems the process is have the two parties talk in the hallway prior to entering the courtroom to see if you can come to some kind of agreement before your time in front of the judge. Cavalry did not show up early so I entered the courtroom thinking what if they don’t show and what to do next. About 15 minutes into listening to other motions being heard and defended, the Cavalry attorney walked in. The bailiff went over to her and then pointed in my direction so we went to the hallway to talk. The Cavalry attorney was very professional and cordial. She pulled out my file from several files in her folder and the first comment was why arbitration and proceeded to say she has never heard of the consumer asking for arbitration as it is expensive and once judgement is ordered you only have 21 days to pay the full amount, I corrected her and told her I believe it is 28 days from judgement. I will say I have been a headhunter for 20 years and after interviewing thousands of people through those years I can figure out when someone is genuine or not and this cavalry attorney genuinely believed a consumer asking for arbitration was crazy, obviously they are programmed to have that belief. She said she had a settlement offer of 85% of the balance due which would avoid any more court time or arbitration. I told her that I was very familiar with the process from my research (I so wanted to brag about this site with incredibly helpful/posters but held back, lol) and was comfortable following through to arbitration and told her we should probably get back in to the courtroom before the judge calls our case. She said ok and that she was going to call her client and let them know that I wanted to continue with arbitration. I went back into the court a bit bummed that she didn’t offer a dismissal with prejudice offer like in BitsyMI or Want2beclears case but I knew my dollar amount (over $9000) was 4 times their amounts so they would not fold easily. About 5 minutes later she came back into the courtoom and asked me to come back to the hallway. She told me she talked to her client and had a final settlement offer of 50% of balance due and that can be paid in a monthly payment plan with whatever amount I feel I can handle, she threw $25/month out there. No judgement, case dismissed without prejudice at a settlement offer of 50% balance due to be paid monthly and no interest accruing on the balance…obviously they can reopen the case down the road as it was without prejudice. Going into this I had a dollar amount that I felt if they offered I may take and that number was $4200. I got this number from figuring arbitration costs would run them around 5K so they could still walk away with 4200 after the arb costs if it went all the way through. The other concern I had going into this was 2 or 3 weeks back there was a post from someone that filed arb vs Cavalry and was denied because AAA said they would not work with Cavalry anymore. So my concern was if the judge does not order arbitration and AAA won’t accept my case (JAMS was not listed as an option in my agreement) then I would have no leverage and could be on the hook for close to the full amount. I also have a case with Portfolio going on right now (will post an update on that thread) so the thought of having multiple cases going at the same time while trying to make a living was a bit overwhelming. So I ended up taking the deal. We went back to the court room and waited for the judge to call us up, she asked if we were able to come to an agreement and we both said yes told her what is was and she directed the Cavalry attorney to write up the Order and she would sign it, she did and we went our separate ways. Looking back a couple things I would have done different. First I should have attended a motion hearing as an observer just to see how it works and what happens and to get comfortable in that surrounding. I think that would have calmed my nerves a bit. There were at least 8 cases being heard at the same time as mine so being a new situation I have never been in, representing myself in front of a judge and at the same time trying to negotiate a deal the nerves did play a part in my accepting a settlement instead of getting the ultimate victory of a dismissal with prejudice. Anyone that is entering into this process should look up the daily docket at their court and look for Motion cases involving Cavalry, Portfolio or Midland and then go observe those hearings as it will give you a better feel and understanding for what to expect at your hearing thus giving you more confidence. Second, I would not have a walk away number in my head as that fallback option opens the door mentally to giving up on the ultimate outcome which in these cases is the dismissal with prejudice, 0 dollars paid. Overall I am comfortable with the outcome, it is a better situation than it was going into this. I am incredibly thankful for this site and especially @Brotherskeeper for all his time. As I said I do have the Portfolio case going on right now as well and will continue to update that thread with updates.
  10. @Brotherskeeper I was able to file the motion and chose a hearing date of 10/8/19. I did not have to provide a "judges copy" which I think was the case with BitsyMI and Want2beclear as well.
  11. Thank you @BrotherskeeperI thought the same after researching the procedures...I will file the MTCA and Affidavit (with signed Certified Mail Receipt, Notice of Arbitration Election/Proposed Election as Exhibit A) but assume I may not be given a court date since the pre trial date is already set so in that case I would not fill out the Notice of Hearing (if a court date is not assigned when I file the MTCA). I will only file the Notice of Hearing if a new court date is assigned to the filing of the MTCA otherwise I will expect the MTCA to be discussed at the pre trial date of October 10.
  12. @BrotherskeeperI have not received any correspondence from the attorney and the 7 day clock has expired since they signed for the Notice of Arbitration I sent them, so I am going to file the MTCA, Affidavit and Notice of Hearing today. I just checked the court case online and noticed there is a pre-trial hearing set for October 10th. My question is how does this effect my MTCA? I assume I should still file the Motion?
  13. @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?
  14. 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.
  15. @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