jgnewbie
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I am sorry to ask and I know it seems silly of me to ask but I am confused. What does IANAL mean?
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Thanks a lot. I am working on finishing the MTC and affidavit which I will actually be submitting to the court tomorrow or Weds morning prior to the pre-trial conference. I just wanted to see if you had any tips on how to handle the pre-trial conference or things to keep in mind to do or not do during the pre-trial conference?
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The answer and affirmative defenses were filed with the court on 11/04/2020. I have not filed anything else since and neither has Midland filed anything since then as well. The next scheduled hearing is a pre-trial conference on 01/13/2021. Do you think I should file the MTC before the pre-trial conference or wait til after the pre-trial conference? What is the pre-trial conference all about, like what happens during a pre-trial conference and what is the objective of a pre-trial conference?
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The APRs do not match but I was told by the customer service representatives of the card issuer after a long phone call that the card agreement I had chosen was the correct one because they were the ones who actually told me that this was the card agreement associated with the account in question.
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It seems that all of the provisions for arbitration are the same for all of Credit Bank One's card agreements.
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Here is what I have submitted so far. Also the complaint from Midland is here as well. 1722606356_MidlandComplaintRedacted.pdf Answer and Affirmative Defenses Redacted.pdf Credit One Bank Cardholder Agreement FINAL.pdf
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Thanks a lot for taking the time guide me through this and help me out. Sorry for the late reply but have been struggling with some medical issues. The pretrial conference I have is coming up soon on the 12th and I wanted to prepare accordingly. I am wondering if you would be open to talking over a call if possible? If you are able to do a call let me know by emailing me at beavetime@gmail.com. I can send you the case files via email if you'd like as well. Let me know what you think of this.
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Thanks so much for the reply Brotherskeeper. The credit card is a Credit One Bank credit card. I obtained the credit card agreements in three different ways in order to confirm things. One way was by researching the CFPB's credit card agreement archive database https://www.consumerfinance.gov/credit-cards/agreements/, another way was by calling the credit card issuer and speaking to a very unknowledgeable representative then lastly by looking at the card issuer's website which contains a archive database of their current and old card agreements and matching it to the one I found on the CFPB's
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I submitted my answer and affirmative defenses all in one shot but did not submit an affidavit of denial. What do you think will happen since I did not submit the affidavit of denial?
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Thank you so much for the reply BackFromTheDebt. By MTC you mean a motion to compel arbitration? Do you think I should just use one of my affirmative defenses by filing a motion to compel arbitration in which I would only be relying on that affirmative defense or would filing a motion for summary judgment and relying on both the stale affidavit and arbitration provisions in the card agreement increase my chances of success? Also I am wondering what your thoughts are on the following. The Michigan Court Rules (MCR) address summary disposition in MCR 2.116. In MCR 2.116 (C) which addresses
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I provided the State of Michigan court (e.g., state district court) with an answer to a complaint brought against me by Midland Credit Management LLC. The answer to the complaint also stated my affirmative defenses which were: (1) Stale Affidavit pursuant to MCL 600.2145. I am relying on this affirmative defense because the affidavits provided by the plaintiff were over 200 days old which is beyond the 10 day timeframe in the state of Michigan pursuant to MCL 600.2145. (2) Arbitration Agreement Bars Bringing Suit. I am relying on this affirmative defense because after looking over th