Vaness@

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About Vaness@

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  1. @fisthardcheese THANK YOU! I have made all the changes and will print and take it to the court tomorrow. Keep me in prayers! thank you ALL sooo much! I would be so lost without your guidance! I'll report back
  2. Ok this is what I have for the answer/MTC - @fisthardcheese #5 - 5 (e) those are the actual quotes from the credit agreement. # 6 and 7 I got from another MTC I have read. I still dont have a MTC case in Fl. to cite, if I do find one that is relevant, I can add it. So I will print this, along with the Exhibit A, the certificate of service, and proposed order. Anything else? Thank you ALL for VALUABLE and PRICELESS help! COUNTY COURT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO. 20________________ ABSOLUTE RESOLUTIONS INVESTMENTS, LLC Plaintiff, vs. Defendant. VANESSA SILVA DEFENDANT’S ANSWER TO PLAINTIFF’S COMPLAINT AND MOTION TO COMPEL PRIVATE/ CONTRACTUAL ARBITRATION AND TO STAY PROCEEDINGS PENDING ARBITRATION NOW COMES Defendant, appearing Pro Se for its Motion to Compel Private Contractual Arbitration and as grounds thereto states the following: 1. That on or about June 29, 2020, Plaintiff filed its Complaint against Defendant. 2. Defendant denies all allegations as set forth in Plaintiff's complaint. 3. Defendant sent a letter via certified mail to Plaintiff's attorney on August 5, 2020, electing arbitration with JAMS (see Exhibit A, attached). 4. Defendant moves this court to compel binding Private Arbitration based on the terms and conditions of the Credit Card Agreement (see Exhibit B, attached). 5. The parties are bound by the Credit Card Agreement. The Arbitration Agreement states among other things: (a you and we agree that any party covered by this Clause may elect to arbitrate or require arbitration of any “Dispute” (b) you or we may elect arbitration with respect to any Dispute brought by a new party or any Dispute later asserted by a party in that or any related or unrelated lawsuit. For example, if we file a lawsuit against you in court to recover amounts due under this Agreement, you have the right to request arbitration. (d) If one party begins or threatens a lawsuit, or files a counterclaim in an existing lawsuit, the other party can demand arbitration. This demand can be made in court papers such as a motion to compel arbitration. Once an arbitration demand is made, no lawsuit can be brought and any existing lawsuit must stop. (e) THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY AND ENFORCEABLE UNDER THE FEDERAL ARBITRATION ACT. 6. The Federal Arbitration Act (FAA) 9 USC, Section 1-2 provides: “A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract, transaction, or refusal, shall be valid, irrevocable and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract”. 7. The Supreme Court Ruling, decided April 27, 2011, AT&T MOBILITY LLC v. CONCEPCION ET U, states that courts must enforce arbitration agreements according to their terms. If there is an arbitration clause in the contract, that clause must be honored. Furthermore, "The “principal purpose” of the FAA is to “ensur[e] that private arbitration agreements are enforced according to their terms.” Volt , 489 U. S., at 478; see also Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp. , 559 U. S. ___, ___ (2010) (slip op., at 17). This purpose is readily apparent from the FAA’s text. Section 2 makes arbitration agreements “valid, irrevocable, and enforceable” as written (subject, of course, to the saving clause); §3 requires courts to stay litigation of arbitral claims pending arbitration of those claims “in accordance with the terms of the agreement”; and §4 requires courts to compel arbitration “in accordance with the terms of the agreement” upon the motion of either party to the agreement . . . " 8. The Defendant elects arbitration to settle this dispute. WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration pursuant to the Cardmember Agreement and to stay proceedings pending contractual arbitration. Respectfully submitted this day August ___, 2020 __________ Defendant, pro se
  3. @fisthardcheese what are your thoughts? do I NEED an attorney???
  4. ****, I was not thinking I NEED one... So should I NOT file an answer/ MTC?
  5. I have not. I was served 7/22 and I have 20 days to answer.
  6. Here is my Certificate of Service; WHO IS THE PETITIONER ON THIS FORM? ME? thats the only part I couldn't figure out... IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA , Case No.: 202__________ Petitioner, and , Respondent. CERTIFICATE OF SERVICE I, __________, certify that a copy of Defendant’s Answer To Plaintiff’s Complaint and Motion to Compel Private/Contractual Arbitration and To Stay Proceedings Pending Arbitration was (x) mailed via certified mail to the person listed below on August 6, 2020. Other party or his/her attorney: Name: Address: Phone Number: Signature of Party Printed Name: Address: City, State, Zip: Telephone Number:
  7. Are there any recent FL cases with MTC case law that I can include?
  8. @fisthardcheese Ok I will scratch that all together... just that on the card agreement it says that you have to notify the attorney letting them know of your intent...
  9. @fisthardcheese You are Heaven sent! I have to admit I have been nauseous and overwhelmed and brain stumped but you guys have helped get me focused. Here is the letter I will be sending to the attorney tomorrow: August 3, 2020 Ida Baena Paez, Esq. Andrew, Palma, Lavin & Solis, PLLC 887 Donald Ross Road Juno Beach, FL. 33408 (877) 229-5972 Re: CASE NO.: 2020--------- ABSOLUTE RESOLUTIONS INVESTMENTS, LLC vs. VANESSA SILVA To Whom It May Concern: This letter is to notify you I’d like to settle this matter through arbitration in order to reach a fair and final compromise. According to clause 20. Arbitration Provision, I am hereby invoking my right to binding arbitration. I am requesting the group to arbitrate will be JAMS http://www.jamsadr.com. Also, in accordance to Clause 20. Arbitration Provision, subsection Arbitration Fees and Awards, I am requesting any, and all arbitration fees associated be advanced and paid on my behalf. With Respect, anything else I am missing? I am workign on the answer/MTC next based on your suggestions.
  10. Thank you, I am honestly so thankful for you all taking the time to help me thru this. So I took your advice and started to write based on the template provided by the amazing @fisthardcheese so I'm still working on the MTC but I did do this one: Also, I have no idea how to answer the summons! Any thread I can read to answer it?... THANK YOU ALL AGAIN FOR YOUR INCREDIBLE INSIGHT! ORDER TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND TO STAY THE CASE PENDING ARBITRATION Case No. 202---------------: COURT OF OSCEOLA COUNTY ABSOLUTE RESOLUTIONS INVESTMENTS, LLC VS. Case No. 20--------------- VANESSA SILVA The foregoing Motion having come before the Court and having been duly considered, it is hereby ORDERED: _______ GRANTED / _______ DENIED Further, this case shall be stayed pending the outcome of private arbitration. This _____ day of _________________, 2020 By: ________________________ Judge of the ____________ Court Then this one I am still working on - but I do not understand half of it! MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND TO STAY PROCEEDINGS PENDING ARBITRATION NOW COMES Defendant, appearing Pro Se for its Motion to Compel Private Contractual Arbitration and as grounds thereto states the following: 1. That on or about June 29, 2020, Plaintiff filed its Complaint against Defendant. 2. Defendant sent a letter via certified mail to Plaintiff's attorney on ____________, 2020, electing arbitration with JAMS and requesting dismissal of this case (see Exhibit A, attached). 3. Defendant moves this court to compel binding Private Arbitration based on the terms and conditions of the Credit Card Agreement (see Exhibit B, attached). 4. The parties are bound by the Credit Card Agreement. The Arbitration Agreement states among other things: (a) YOU AND WE AGREE THAT EITHER YOU OR WE MAY, AT EITHER PARTY’S SOLE ELECTION REQUIRE THAT ANY CLAIM BE RESOLVED BY BINDING PRIVATE ARBITRATION. (b) IF YOU OR WE ELECT PRIVATE ARBITRATION OF A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY. (c) YOU OR WE MAY ELECT ARBITRATION UNDER THIS ARBITRATION PROVISION WITH RESPECT TO ANY CLAIM, EVEN IF THE CLAIM IS PART OF A LAWSUIT BROUGHT IN COURT. YOU OR WE MAY MAKE A MOTION OR REQUEST IN COURT TO COMPEL PRIVATE ARBITRATION OF ANY CLAIM BROUGHT AS PART OF ANY LAWSUIT (d) CLAIM MEANS ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND OR NATURE BETWEEN YOU AND US. (e) THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY AND ENFORCEABLE UNDER THE FEDERAL ARBITRATION ACT. 5. The Federal Arbitration Act (FAA) 9 USC, Section 1-2 provides: “A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract, transaction, or refusal, shall be valid, irrevocable and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract”. 6. The Supreme Court Ruling, decided April 27, 2011, AT&T MOBILITY LLC v. CONCEPCION ET U, states that courts must enforce arbitration agreements according to their terms. If there is an arbitration clause in the contract, that clause must be honored. "We have described this provision as reflecting both a “liberal federal policy favoring arbitration,” Moses H. Cone , supra, at 24, and the “fundamental principle that arbitration is a matter of contract,” Rent-A-Center, West, Inc. v. Jackson , 561 U. S. ____, ____ (2010) (slip op., at 3). In line with these principles, courts must place arbitration agreements on an equal footing with other contracts, Buckeye Check Cashing, Inc. v. Cardegna , 546 U. S. 440, 443 (2006) , and enforce them according to their terms, Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ. , 489 U. S. 468, 478 (1989) ." Furthermore, "The “principal purpose” of the FAA is to “ensur[e] that private arbitration agreements are enforced according to their terms.” Volt , 489 U. S., at 478; see also Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp. , 559 U. S. ___, ___ (2010) (slip op., at 17). This purpose is readily apparent from the FAA’s text. Section 2 makes arbitration agreements “valid, irrevocable, and enforceable” as written (subject, of course, to the saving clause); §3 requires courts to stay litigation of arbitral claims pending arbitration of those claims “in accordance with the terms of the agreement”; and §4 requires courts to compel arbitration “in accordance with the terms of the agreement” upon the motion of either party to the agreement . . . " 7. The Defendant elects arbitration to settle this dispute. WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration pursuant to the Cardmember Agreement and to stay proceedings pending contractual arbitration. Respectfully submitted this day ________________, 2014 (Your name), Defendant, pro se
  11. You are too kind! Thank you so much for the encouraging words thru this time... I am reading all about the arbitration overview and trying to find out the specific way to file under Osceola county. I also do not have a signed contract as this was all done online - I have been listening to some attorneys on youtube on how to file and ways to answer your questions and file the MTC together. Aaahh, its all so confusing, but I hope to get thru it. Thanks again for all your help. I will be attempting to do my first draft and will post for suggestions/feedback. I have 20 days (well, 19 now...)...
  12. This is what the credit agreement says: Arbitrations are conducted under this Clause and the rules of the arbitration company in effect at the time the arbitration is commenced. But, arbitration rules that conflict with this Clause do not apply. The arbitration company will be either: ● The American Arbitration Association (“AAA”), 1633 Broadway, 10 th Floor, New York, NY 10019, www.adr.org. ● JAMS, 620 Eighth Avenue, 34 th Floor, New York, NY 10018, www.jamsadr.org. ● Any other company picked by agreement of the parties. If all the above options are unavailable, a court will pick the arbitration company. But, no arbitration may be administered without our consent by any arbitration company that would permit class arbitration under this Clause. The Arbiter will be selected under the arbitration company’s rules. But, the Arbiter must be a lawyer with at least ten years of experience or a retired judge unless you and we or the Related Parties to the Dispute otherwise agree. You are entitled to an arbitration award of at least $7,500 if: (1) you give us notice of a Dispute on your own behalf (and not on behalf of any other party) and comply with all of the requirements of this Clause (including the requirements described in response to the question reading “What must a party do before starting a lawsuit or arbitration?”); (2) we refuse to provide you with the relief you request before an Arbiter is appointed; and (3) the Arbiter awards you money damages greater than the last amount you requested at least ten days before the arbitration commenced. This is in addition to the attorneys’ fees and expenses (including expert witness fees and costs) to which you are otherwise entitled. This $7,500 minimum award is a single award that applies to all Disputes you have raised or could have raised in the arbitration. Multiple awards of $7,500 are not contemplated by this Clause. Settlement demands and offers are strictly confidential. They may not be used in any proceeding by either party except to justify a minimum recovery of $7,500.
  13. I was finally served today... and I am completely overwhelmed and honest my brain has a block. am I able to hire you for a consultation and file this motion? You have given me such wealth of information... Please let me know! thank you!