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Everything posted by Bulldoger

  1. I don't know how arbitration works in AZ. Check AZ statutes and court cases. In Florida you have to list it as a defense in your answer. In my state VA you have to motion for Arbitration before two much litigation has occurred that's a judgement call by the Judge. Some states once you done discovery your MTC will be denied. Some CC contract will state you can motion/elect arbitration up to trial date that may help if yours state that. Since Plaintiff has filed a MSJ they are stating that all the facts have been presented and they clearly show they are entitled to a judgement without a trial. The Judge may this point rule the MTC untimely as it is unfair and a burden to the Plaintiff having expended cost and effort to get to MSJ and deny a MTC.
  2. So I actually paid more than the minimum I literally owed like 280.00 and some change, on the 1200. Do you have a copy of statement from care credit showing this? What was the balance when they took over? have they added fees or interest? I could still access my paid off and since closed in March 2021 CareCredit account. I could look at the last three statements. The URL is https://www.mysynchrony.com/ my old login username and password still worked. Verify that the amount you owe CareCredit is the amount PRA is suing you for. Synchrony is known for having good arbitration clauses filing a motion to compel arbitration may still be an option.
  3. rule to respond: Rules for Justice Court (30 days) from service. https://govt.westlaw.com/azrules/Document/N6F4945F00DDE11E2B1BB87D5DA3B811F?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default) Other than spending hours reviewing court procedures, case law, rules of evidence etc.. or paying $5000 to an ATTY to take the case to trial what are the alternatives. 1) pay full amount 2) settle for less than full amount Arbitration helps with no. 2 case can always be settled either in courts or arbitration.
  4. "the original and only charge I put on card that was from a dental package i purchased and never received." You said you paid for 10 months then stopped paying. I assume care credit paid the full 1200.00 and you ere paying Care credit a monthly minimum which didn't bring the principal down that much. Even if the dental plan company refunded 200.00 that would not clear your balance with CareCredit. CareCredit would then charge late fees and interest for 6 months before chargeoff bring the balance to 1734.00. What did you receive as "the proof" you requested. If it's the just last statement then you may challenge the MSJ that issues still are pending on the accounting of the handling of refund from dental plan. The amount refunded by dental plan has not been accounted for and balance they request is incorrect. If they filed all the statements or CC contract states you have 30 days to dispute the statement then it may not work. If there is an arbitration clause you could file a motion to move case to arbitration. You could negotiate with PRA and pay lower amount or get on payment plan. Try to negotiate the late fees off at least. "12/6 I received a motion for summary Judgement". What are the AZ rules to respond. Most states have a requirement that your response against MSJ must be filed a certain number of days before court date set to review MSJ. If that date has passed then you lost. You can't go into hearing an expect judge to listen to new arguments from you or plaintiff. Check the rules see if you still have time to respond. Rules for Justice Court (30 days) from service. https://govt.westlaw.com/azrules/Document/N6F4945F00DDE11E2B1BB87D5DA3B811F?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)
  5. I read it as they dismissed case before hearing on MTC. So now, I am wondering if I need to go ahead and file the arbitration applications with JAMS or if this is over. It's over for now, you can call plaintiff (MCM) and offer the $250 JAMS filing fee to settle debt in full they probably take it and you be done with debt for good plus you can require MCM to remove the collection from credit reports as part of settlement. Since the Motion to dismiss was filed without prejudice then Clarkson and Hale ( or other firm) could bring me into court again (YES and in same venue). But that's unlikely MCM has gone down that path they know what will happen and they will just be throwing money away.
  6. I don't get these calls on our home phone as I told Verizon to block all calls except mine and my wife's phone numbers. We are the only ones that have need to call our landline. I would get rid of it but it's bundled to internet and TV. As for my cellphone voicemail is full and my ringer is set to None. Every few days I go and block the new number's that called.
  7. How realistic is it to get the amount sued down to 25%? If you can file a motion to compel arbitration before you have to respond to Interrogatories, Notice to produce and Request for Admissions. Then yes 25% is realistic.
  8. SSI is protected from levy from JDB even if they get a judgement as long as it's directly deposited into a bank account. It best it's and account with only you SSI being deposited into. If you have a spouse they should have their own account. That said I don't know NJ laws. Check to see if you have an arbitration clause in your contract you may still be able to win via Arbitration. See arbitration post on web site. What court are you being sued in. If in NJ small claims see if contract has a small claims restriction. For now until you get the information do not respond to Interrogatories, Notice to produce and Request for Admissions. When is the deadline to respond to those request? Maybe their is someone familiar with NJ laws that will chime in until then get copy of your credit (loan card) contract or promissory note.
  10. File a Response to Plaintiff response laying out how you complied with order and case currently in arbitration.
  11. Questions: did court order Arbitration or just agreed to stay case? If order what does it say and did you comply?
  12. Zombie debt buyer trying to restart SOL period. Don't pay a dime.
  13. from your URL provided (note your will need the agreement at time of default when you file the MTC) You have 30 days to file an Answer. Quick browse of TN rules do not allow a general denial. You will need to address each Claim on summons with either 1) You agreed, 2) deny or 3) That you do not have personal knowledge to affirm or deny. For example it may state that you owe midland credit 3,800 dollars but do you really have knowledge that, you do. Were you in the room when the debt was sold so unless you have PERSONAL KNOWLEDGE of what they claim you should state the truth 3) that you don't have personal knowledge to affirm or deny. Then you want to state your affirmative defenses that per contract you are electing contractual arbitration. File it within 30 days from service. Then work on your MTC and file that with or just after answer.
  14. There is a stamp with highlight stating Attorney must schedule Motion for hearing. Courts are not setup for ProSe Prosecution. The Attorney mention in Stamp is you. Judge does not want to rule Ex parte (without other party) on your motion. You need to setup a hearing date and time with court for Plaintiff to have a chance to present why the case should not be dismissed. You will need to check rules call Court clerk and see when is next available court date. File a Notice of hearing . Find out if you have to file a certification of service with notice of hearing.
  15. When I went to court there were 90 cases on the docket for 2 hours of court time. The judge never looked at my MTC just continued case. They don't call Virginia District Court the Rocket Docket for no reason.
  16. Did they mail this to both parties or just you? Someone either you or Plaintiff attorney needs to get a hearing scheduled before judge will rule on dismissal. Since you are making the motion It appears you need to schedule a hearing. IDK how to do that in Florida. May be as simple as calling clerk getting time and date of hearing and mailing notice of hearing to plaintiff stating time and date.
  17. Read this post: It has been very effective when dealing with JDB like you are: You will need to get the copy of credit card agreement at time you defaulted to verify it has an arbitration clause: I checked the current WEBANK AVANT card and it does and expressly states: "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,"
  18. 1) You are limited to JAMS 2) The clause 1. CLAIMS AND PARTIES. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you (including any other user of your account), and us (including our parents, affiliates, agents, employees, officers, and assignees) that directly or indirectly arises from or relates to your account, your account Agreement or our relationship, except as noted below. In addition, the following are intended beneficiaries of this Arbitration section and may enforce it in full (notwithstanding any state law to the contrary): The bolded section my be a problem IDK since federal law supersedes state law see above post.
  19. If they messed up. Called them up tell them why you missed meeting, Then have them draft a Motion to Vacate to correcting the Problem they created. Have them email it to you and you file copy with court, mail copy to CMRRR to attorney. check rules if you need a statement certifying you mailed copy to Plaintiff.
  20. help with the timeline: when did you get letter from the Justice of the peace notifying you of my hearing on Nov 18. Did hearing have a title and is hearing still happening? When did you file MTC? Did you have order for judge to sign? Did plaintiff file a response? (you should have gotten copy) Is hearing still on for Nov. 18th title of hearing? I suggest you file a paper titled Memorandum Regarding Motion for Compelling Private Contractual Arbitration used of Texas Civil Practice and Remedies Code Sec 171.002 when contractual agreement is governed by the Federal Arbitration Act. 1. In that paper point out section of the agreement used in MTC stating federal law applies. 2. quotes the 'Section 2 of the FAA' that @BV80 mentioned 3. statement that Sec 171.002 does not apply in your case since it is governed by federal law. 4. Therefore the MTC should be granted.
  21. You would file a motion with court for judge to revisit the MTC. @texasrocker knows Texas procedures. If you go online most states have forms that you can fill out. Look for forms title motion to rehear, review, etc.. review rules on filing motions. Follow rules. File motion.
  22. Seems it does if you look at the complete chapter. CIVIL PRACTICE AND REMEDIES CODE TITLE 7. ALTERNATE METHODS OF DISPUTE RESOLUTION CHAPTER 171. GENERAL ARBITRATION SUBCHAPTER A. GENERAL PROVISIONS Sec. 171.001. ARBITRATION AGREEMENTS VALID. (a) A written agreement to arbitrate is valid and enforceable if the agreement is to arbitrate a controversy that: (1) exists at the time of the agreement; or (2) arises between the parties after the date of the agreement. (b) A party may revoke the agreement only on a ground that exists at law or in equity for the revocation of a contract. Sec. 171.002. SCOPE OF CHAPTER. (a) This chapter does not apply to: 2) an agreement for the acquisition by one or more individuals of property, services, money, or credit in which the total consideration to be furnished by the individual is not more than $50,000, except as provided by Subsection (b); b) An agreement described by Subsection (a)(2) is subject to this chapter if: (1) the parties to the agreement agree in writing to arbitrate; and (2) the agreement is signed by each party and each party's attorney. Crazy way it's written as Defendant will always have a and Plaintiff always have b. @texasrocker
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