HaplessHoper

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About HaplessHoper

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  1. I did add potential FDCPA violations. I had never heard of this party before suit. I asked for debt validation by way of the lawsuit process; I'm not sure that would even work if they prove standing. But I did add in that possibility in the Answer as a counterclaim.
  2. thanks! I'm looking to identify what to leave out, so as to not harm the MTC or anything else. But then, what must be argued for the MSJ to prevail. I think I have that but concerned about the deemed admissions. Can I just argue that point in the response to the MSJ? Basically, I would need to explain why they should not be deemed and I'm going to that anyway. I could put in the prayer for relief. There are some admissions that would not be correct if they stand admitted, so I would want to argue those in the arbitration.
  3. Thanks for these points. I need to line this up so I don't cross hairs. I have an MSJ to respond to.In that, I have to present enough facts/insufficient facts to allow it to be granted. But, I need discovery to make that "really" happen. So, how do I play the discovery in light of 1) I have deemed admissions I need to get withdrawn and amended (I have drafted a motion for that) and 2) I have a desire/need to MTC arbitration for several reasons. I feel either a bit limited in what I can argue in the MSJ because of this, and then, it may hurt me if I don't argue "everything". How do you see
  4. By averments, I mean vows, swears, facts to be proven. Meaning, they may not be statements of material fact, I would be vowing to prove them, not prove them on their face. I would have to present evidence. I suppose I could have misused the term but it's a way of saying "statements" you are going to prove.
  5. Why do you think it's "so far along"? Discovery was supposed to start (their discovery was served, I had not yet filed mine). A few months passed, no interaction. (I can prove that.) I can also prove on my phone that I called them. I didn't make every call from my phone but I did some of them. It shows that I tried to confer. I am trying to figure out how to get into arbitration and avoid/deal with the MSJ that way. It's an odd set of circumstances. I need case law supporting that I didn't waive my rights and also that I have issues of material fact. Some are averments until I get out of
  6. I am struggling with how to insert the federal law (and use the federal MTCA) with state-specific case law. Would I remove all the federal case law in the sample I've seen or just add state-specific case law similar to it? I want to do arbitration instead of dealing with this MSJ. Can I possibly do them together? IN other words, when I MTCA, could I add it to vacating the MSJ (or dismissing it) because it is being moved to arbitration? And to successfully move to arbitration, I've been told I don't automatically waive the right just by not claiming it as a defense. But what is another opt
  7. Might there be an example of a MTCA for Minnesota at this forum? I have seen other results, just not a state-specific example. The federal example cited in this forum advises to use state-specific case law references but I'm also interested in arguments that proved useful. I know that this state uses the Eighth Circuit typically and that the UAA is in 572B.07 guides the MTC. I'm also looking for same for MSJ for Minnesota. Thank you so much.
  8. Attaching 3 images of the arbitration clause in the BRA. Thank you.
  9. I believe I now know the answer to the first question. For the Prosper loan, the choice of arbitrators is in the Borrower Registration Agreement. So I just need to know if I need to remove to federal court. I did find out, per a different post on this forum, that I can file a motion to compel without amending my answer. She said to claim the right to arbitration just as it is done in the MTC. It would be better if it was in the answer but she said I did not waive that right. Thank you.
  10. I am considering the use of arbitration and thought per @fistbigcheese post that I could use that option. I have a case with a promissory note with Prosper/Webank. There is an arbitration clause but it does not state AAA or JAMS in it. What determines which arbitration I would have to use? I just spoke with a lawyer from another state and looking at MN statutes, they think that the case will fall under the state court's arbitration procedure (statute 484.73 and 484.74 section 4 "Judicial Arbitration" and "ADR" respectively. These cite costs of $125/hour. Am I subject to
  11. Sending a link regarding deemed admissions, are you implying that I need to address those as well as the MTC? My understanding is that I could file a motion for leave to amend my answer, along with an amended answer to include the defense of arbitration (now that I know it is one), along with a MTC for the arbitration (with affidavit). If I am pursuing a different route due to jurisdictional issues, I would think I may not have to respond to the deemed admissions. That said, it did make me realize I may also need to file a motion to vacate or stay pending completion of the arbitration (n
  12. I didn't plan not to answer discovery but yes, it happened. I also tried to reach opposing Counsel more than once through this process with no success. I was never given a name, a direct phone number, nothing. When I got sick I think I gave up. All that said, I understand your points. What I'm trying to find out is whether I can use arbitration at this point. The plaintiff's counsel never consulted me on filing this with the court. On most things, I've been told to consult with counsel and this has not happened in reverse. Why am I held to a standard their counsel does not perform? I do g
  13. Thanks for your reply. Yes, I will need it, which is why I am filing it with a Motion for Leave to Amend. I'm not completely sure I can't get around it but fairly sure it won't hurt if I file for leave.
  14. I was served a debt collection lawsuit and never met the JDB. Crown Asset Management is JDB for Prosper loan/note. I filed an answer and an amended answer (to clarify a counterclaim) and unfortunately, became ill and am now in a situation of deemed admissions giving rise to a MSJ. In Minnesota, the lawsuit does not have to filed with the court right away, and has up to a year; with this situation, the case was filed after Thanksgiving. I was in the process of preparing/filing a Motion for Leave to Withdraw and Amend Deemed Admissions, whereupon I ran across your website. After reading ab