dontwearmasks

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About dontwearmasks

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  1. I was preparing to file my AAA/JAMs case today and started reading the document from the court. I thought it was granted but at the end it seems its not and there is a new arb hearing date. In the final paragraph: "Good cause appearing, any order made today is vacated. The matter will be continued (date) in this department. Defended is to re-serve is moving papers in accordance with the foregoing." I believe the issue is that I didn't serve the Plaintiff properly. I sent the documents via certified mail but did not file it with the court at the time. Does that mean I am to re-s
  2. i used the sample MTC in the sticky thread. I filed MTC in place of an answer. Included CC agreement as Exhibit with affidavit.
  3. Hopefully its granted. I was hoping you would say, I can file MTD. I guess I am dreaming. On the bright side, it extends the process longer which gives me more time to save for the lump sum offer.
  4. Motion to Compel Arbitration Hearing Plaintiff no show. Plaintiff: PRA Debt: 7k Santa Clara County, CA. I was served in October and I filed MTC that same month using the template here. I sent certified mail of the endorsed copy to the plaintiff in early November. Checking progress online, a court date was set for December. I go to the hearing and plaintiff was a no show. Judge requested to provide a copy of the certified mail receipt that I mailed to the Plaintiff. Supposedly, I am suppose to file that I had sent it. I will send that receipt by end of day. What h
  5. Hello, I filed an MTC in place of an answer in Santa Clara county, CA. I now have a hearing date titled: Petition Compel Arbitration. What should I prepare for the hearing? Do I need to make my case to arbitrate or is it just matter of showing up to hear the ruling? 1. Who is the named plaintiff in the suit? Michael S. Hunt 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Hunt and Henriques 3. How much are you being sued for? $6000 4. Who is the original creditor? (if not the Plaintiff) Caesars Re
  6. I am working on my MTC and I wasnt sure if I am supposed to reply in number paragraphs. I found a template online and made some edits. Should the MTC look like this?
  7. "Any arbitration hearing that you attend must take place at a location reasonably convenient to you. We will pay any and all fees of the Administrator and/or the arbitrator if applicable law requires us to, if you prevail in the arbitration or if we must bear such fees in order for this Arbitration Provision to be enforced. If you demand an arbitration, we will pay your reasonable attorneys’ and experts’ fees if you prevail or if we must bear such fees in order for this Arbitration Provision to be enforced. Also, we will bear any fees if applicable law requires us to." I am trying to unde
  8. The lawyer was very condescending and seemed irritated just by me mentioning arbitration. I referred to the cardholder agreement and He said, "do what you want" and hung up.
  9. He said that arbitration is the worst idea when being sued. If the plaintiff prevails, the defendent would then bear all costs of the arbitration according to california law. Is this true?
  10. I talked to a lawyer regarding this issue and i asked him about arbitration. He said this a very bad idea, it will piss them off and if i lose i will bear all costs of the arbitratration. Is this true?
  11. Hi, I have 9 days remaining to respond. I would appreciate any help i can get.
  12. I am being sued by Portfolio Recovery for Comenity Bank. I have about 10 days remaining to respond. My goal is to move to arbitration As I understand, its recommended to file an answer with MTC rather MTC alone. Since i certainly own the debt and have no defense, how would I frame my answer? 1. Who is the named plaintiff in the suit? Michael S. Hunt 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Hunt and Henriques 3. How much are you being sued for? $5966 4. Who is the original creditor? (if not the Plainti
  13. Both accounts opened June 2016 For 10k debt, last payment 03/18. Closed 06/18 For 5k debt, dates are similar. Is it ever a good idea to hire lawyer? Or is it best to wait to get sued and go through arbitration?