arbitration or chapter 7

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About arbitration or chapter 7

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  1. Posting the other Midland case going on right now, this one is Cap One so arbitration is not an option. 1. Who is the named plaintiff in the suit? Midland Funding 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Local Attorney 3. How much are you being sued for? just over 2K 4. Who is the original creditor? (if not the Plaintiff) CAPITAL ONE BANK 5. How do you know you are being sued? (You were served, right?) Served at home 6. How were you served? (Mail, In person, Notice on door)
  2. Been down the arbitration path previously with successful outcomes thanks to the information and help that is provided by this forum. Adding one of my latest cases today, this is a Midland lawsuit with Synchrony as the OC. Will post the Summons and Complaint with attachments as soon as I omit all my personal info 1. Who is the named plaintiff in the suit? Midland Credit Management 2. What is the name of the law firm handling the suit? Smith, Perry, & Pettway... not sure if that is the correct name of the firm, but those are the names listed 3. How much are you being sued
  3. 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 Co
  4. @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
  5. 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
  6. 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!
  7. 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
  8. @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"
  9. 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 .
  10. @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 ordered...so in Michigan the question is does the "pretrial" hearing count as part of the trial and if so I
  11. 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 pro
  12. @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.
  13. 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.
  14. @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?