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California- WayOverMyHead

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  1. I’ve typed out my opposition. I was trying to find more California cases to cite but was running in road blocks for what I was looking. Take a look and any feedback is welcome.
  2. Thank you for the information. This is definitely appreciated. I’m looking up all the cases they included on their opposition so I attach them. Thank you again!
  3. I included a notarized copy of the Agreement. The first MTC request was simple. I pointed out parts of the Agreement and included CCP part 3 Tirle 9, Chapter 2, section 1281, 1281.1 and 1281.2. I did not include a memorandum Points and Authorities. However since I had to resend my request, I included a Memorandum. I cited cases especially a case where in California a Demand For Arbitration is not required. Now the only argument they would have is the timing and their so called delaying tactic. I’m combing through the Internet trying to locate cases to use in my opposition. Unfortunately my time is very limited due to fatigued from condition and work. But I am pushing through so I can make this argument to where the judge should grant the MTC.
  4. Thank you everyone for chiming in. Could anyone point me to a thread that talks about a Plaintiff opposing a Defendant request to Arbitrate? I also redid my request and sent the Plaintiff a Memorandum and Points, also sent a copy to the court. Do you think they would accept it. After they told me I needed to re-send my information, I noticed they uploaded the documents. A little confused
  5. @BackFromTheDebtBK is the last option. I have maybe two more credit cards around the same amount. If I can get through this one then I will try the other two if it arises. Right now I just need to start a new strategy as I see they don’t want Arb due to the expense. Also I know if I hit them with discovery I might be able to walk away with with not paying anything. I just need to figure out how to properly send the request for MTC in the right format. I’m not easily scared so I’ll go toe to toe with them if it goes to trial. I can only win or lose.
  6. I started off on this journey in a panic and moved forward without doing too much research. After combing through other threads and after receiving the opposition from the Plaintiff, I realized I need to do better. @bff I will continue this. Lucky for me, when the court emailed me back with my date for the MYC hearing, I immediately sent out documentations. I’m glad I called the courts to follow up, as this is when I found out my documents was going to be rejected due to the date the provided had to be reschedule. Apparently, the Judge will not be in so they rescheduled me for the following week and said resubmit my documents. Now, this will give me a chance to do this right. I’m going to redo my Request for MTC @bff thank you for the links. I actually spent my weekend going through forums and came across saclaw.org. I filled out a Demand to Arbitrate and will be dropping that in the mail along with a fee waiver. Although I don’t think it’s time to do that since the judge haven’t heard the MTC case. I have my responses for Request for Admission and Form/Special Interrogatories already typed out with Objection on the grounds I have Filed MTC and this is no longer the proper venue. Which I will send those out soon. I have 6 days for the Request for Admission and 14 days for Form Interrogatory. Is it to late to send out a Bill of Particular? Also can I send the Plaintiff a request for Admission and is there such a thing if sending the Plaintiff Form Interrogatories? Any suggestions is welcome. If all fails then BK is my next option. Due to medical conditions and being off work I did default on credit so I have been thinking heavily on the BK as an options. I’m also editing my intro to include case questions and answers.
  7. I filed MTC to arbitrate by email which is required in my county. I received a response back with a court date and to send in my documents. I sent my documents in, the MTC and notarized card agreement along with my fee. I also sent a copy to the attorney with the court date. I called the court to confirm delivery and was told it was being rejected due to the date they provided me, the judge will not be available. So I received another date, which now I have to send my documents again with my payment. The plaintiff sent me more documents opposing the arbitration. I did not file with AAA as I was under the impression that I should wait for a judge to grant or deny MTC. Now that I have to file my documents again, should I also file with AAA and submit a copy with MTC Arbitration to the attorney along with the agreement. Any insight would help. I did a free consultation and was told I should just try to work out a settlement as this is only going to get harder. I don’t have the time and energy for this attorney due to a medical condition. I feel if arbitration is granted it’s less paperwork For me and more for them. Or my next option would be bankruptcy. HELP
  8. Sorry to bother however I want to know if I’m doing this correctly. Please see attachment MTC and card agreement. The agreement is for May 2018. One month after the last payment made. Should I also include the agreement when the card was open?
  9. 1. Who is the named Plaintiff in the suit? LLC 2. What is the name of the law firm handling the suit? LAW OFFICE 3. How much are you being sued for? $ 4. Who is the original creditor? Fingerhut 5. How do you know you were being sued? Served by private party 6. How were you served? In person 7. Was the service legal as required by your state? Yes 8. what was your correspondence (if any) with the people suing you before you think you were being served? Nothing. No communication prior to lawsuit. Last I spoke to fingerhut was April 2018 when I requested credit protection twice from then prior to my surgery with no response. 9. What state and county you live in? California 10. When was the last time you paid on this account? 2018 11. What is your SOL on the debt? 4 years 12. What is the status of your case? Suit served? Motion filed? Suit served, answered, Hearing for request of MTC, sending back Request for Admission and Form/ Special Interrogatories with objection to all due MTC hearing. Plaintiff opposed and requesting denial of MTC 13. Have you disputed the debt with the credit bureaus ( both original creditor and collection agency? No, collection agency isn’t on my credit 14. Did you request debt validation before the suit was filed? Note: if you haven’t sent a debt validation request, don’t bother doing it now - it’s too late. No, didn’t know they bought the debt 15. How long do you have to respond to the suit? Did you receive a interrogatory (questionnaire) regarding the lawsuit? Already responded and redacted documents posted 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List everything else they attached as exhibits? They attached (1) statement from and (1) statement from and listed them as Attachment 1 and Attachment 2. An important change to your account page that shows the APR information only Attachment 3 is a statement of account with an adjust to misc Charges of xxxx. A declaration of Jurisdictional fact . I made contact at the beginning when I got served and tried to negotiate 50% and make payments. they wanted $xxx for 3 months, $xxx for 6 months anything longer will come out to xxxx $610 more than the debt. So I told (without knowing shouldn’t of have )that’ll if you’re mot willing to budge then I’m going to request Arbitration. **** I sent my answer in for a debt collector lawsuit for a Fingerthut account and now the Lawyer sent me a Request for Admission. I haven’t filed my MTC Arbitration. Should I do that in leu of answering the request of admission? Or how should I reply to the Request for Admission if Jefferson Capital did not produce anything showing the own the debt. I want them to admit or deny some questions also. All they sent was the statement of last payment and a statement showing the amount they say I owe “closing statement.” ****All documents listed below****
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