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HueyPilot

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  1. I previously petitioned the court with a motion for reimbursement of expenses by means of a cost bill to the Court and attorney for a case by Midland Funding v. self. This case was dismissed by the plaintiff without prejudice after plaintiff had prevailed in Court appointed arbitration and I filed for Trial de Novo. Because of the large amount of documents transacted and the investment in time by the representing attorney, Midland withdrew the case most likely because I had used up all their advance. The cost of a Trial Court would be too expensive with plaintiff having to fly witnesses in, court time and man-hours actually spent responding and re-doing all the filings, motions, fees and paperwork. Midlands objection and rebuttal was that they had prevailed in arbitration so prevailing party fees we not applicable. I countered with a number of objections, some caselaw and a cost bill for actual expenses. I did not get a response, although filed the motion and had a documented pre-trial conference, from the court nor a signature on my order by the judge. My bill for cost and filings was a little less than 1300.00 to fight this case. No payment made to date. What would be the best suggestion and scenario to recoup these expenses. What could I have done more effectively?
  2. WOW! What did you do to get on these guys list. I like this line: "WE HAVE ALL THE RIGHTS RESERVED TO INFORM TO FBI, FTC, YOUR EMPLOYER, AND BANK ABOUT FRAUD". or "Compelled to seek our in house attorney. and this I love "We reserve the right to commence litigation for intent to commit wire fraud " Well maybe with any luck they will turn them selves into the FBI on your account.
  3. Your original motion (MTC Arbitration) is a request to stay the case from continuing the action. With the Judge setting ahead the continuance to a future date it leaves the potential for the MSJ to be ordered prior to the continuance date. Then case over - you lose. The MSJ seems a sneaky tactic. You will have to answer the MSJ with a rebuttal stating; facts remain in dispute, no discovery has been allowed and that a motion to compel arbitration is pending. Private contractual arbitration has been directed by card agreement a copy which was attached to the motion to compel arbitration. If you still have time you can memo the judge and copy the plaintiffs attorney stating those facts. I previously noted a technical memorandum for the judge and opposing party but it will have to be edited. Your timely response/rebuttal to Motion for summary judgement is paramount.
  4. Here is what I sent them: Cease and Desist: I have never contacted you or your offices, will never contact you and find these types of solicitations unprofessional. I have an active Wells Fargo account in good standing. Your reference to Wells Fargo included in your unwanted solicitation suggests you have purchased a list or are a party to identity theft or contacts obtained by hacking or other illegal means. If you are indeed a law firm I suggest you read the Illinois Bar Association note on etchics: https://www.isba.org/sites/default/files/ethicsopinions/96-10.pdf According to Rule 7.1 of the Illinois Rules of Professional Conduct, an attorney or law firm is prohibited from making false or misleading communication about the lawyer or their service's. May 31, 2019 Any further communications or emails from your office will be forwarded as a complaint to the Illinois Bar. Regards HP
  5. Thanks, I agree. It's just sad that even the semi-legit attorneys are trying to get into the debt collection- debt buyer act. HP
  6. It appears Wells Fargo is selling account names. I haven't used their card in a while but have paid on the account punctually for eight or nine years. Some minor balance exists but the ration of actual to available credit helps me on my credit score. I'm a little concerned why a third party is solicting me as I have never contacted these people. Never! I don't now what recourse I have with Wells Fargo. I'm sure with some kind of a letter to the solicitor I can resolve further contact. Any suggestions for Wells Farco recourse. Your problem with Wells Fargo Inbox Erin Nutt erin@agrusslawfirm.com via agrusslawfirm.onmicrosoft.com 8:17 AM (3 hours ago) to huey @email.com Hi <my Name>, You recently contacted us about Wells Fargo. Whether you owe the debt or not, we can help you find out who’s calling, stop the calls, review your credit report, and answer your financial questions at no cost to you. Please call me at 312-300-5996. We have settled over 5000 consumer rights cases, and we would like to help you, too. This is FREE to you. You will not pay us a penny in fees or costs. You have nothing to lose. Watch this video to learn more about your rights. Thanks, Erin Erin Nutt | Legal Assistant | my bio 4809 N Ravenswood Ave, Suite 419, Chicago, IL 60640 Tel: 312-224-4695 | Cell: 312-755-6606 | Fax: 312-253-4451
  7. I would send a detailed memorandum to the judge and copy the Plaintiffs attorney. Should communicate your intent without initiating action or proceedings. Draft subject to edit and corrections: Defendants Name Case Number To: Judges Name Court Name etc Re: MSJ Motions Pending Arbitration ruling. Memorandum Memorandum regarding Plaintiffs Motion for Summary Judgment Pending Motion for Compelling Private Contractual arbitration as per Card Agreement. For reasons stated herin, the Court should strike Plaintiffs Motion for Summary Judgment rendering it null and void and have no effect on defendants pending application to confirm private contractual arbitration per incorporated agreement attached to motion to compel arbitration and deny plaintiffs motion for summary judgment as moot. A genuine dispute as to material facts exist regarding a number of Issues unresolved. Defendant has not been allowed discovery. NC Civil Procedure § 1-569.7 (f) If a party makes a motion to the court to order arbitration, the court on just terms shall stay any judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section. An application has been made to stay action in this Court. Action is pending continuance. Petition and Motion for Private Contractual Arbitration is in continuance for determination on <enter date> Answer to Plaintiffs summons and complaint has been filed no further action initiated. The petition for private contractual arbitration includes a copy of the card agreement incorporated in the submitted motion documents directing disputes be settled by private arbitration. Answers and summary judgment motions are matters that relate to civil actions, not motions pertaining to arbitration proceedings. See Fed. R. Civ. P. 7(a) and 56. A party does not file Case 3:04-cv-02370-L Document 33 Filed 04/30/07 Page 4 of 14 PageID 228 therefore, has no applicability to a proceeding relating to arbitration. Plaintiffs’ motion should not apply to a proceeding relating to arbitration for two reasons: (1) a proceeding relating to arbitration cannot be brought as a complaint to commence a civil action under the FAA; and (2) Rule 81 restricts the applicability of the Federal Rules of Civil Procedure in arbitration matters. S&B Br. at 3-4 (citing 9 U.S.C. § 6; Fed. R. Civ. P. 81(a)(3)).1 Rule 41 pertains to voluntary dismissal of actions and provides as follows: an action may be dismissed by the plaintiff without order of court (i) by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs, or (ii) by filing a stipulation of dismissal signed by all parties who have appeared in the action. FAA’s goal of promoting the expeditious resolution of disputes, the enforcement of private arbitration agreements, rather than speed, is the dominant goal of the FAA that must be given priority by courts. See Guidotti, 716 F.3d at 773 (citing Moses H. Cone Mem’l Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 219-21 (1983)). Normally, therefore, issues at the gateway to arbitration, such as the existence of an arbitration agreement, must be addressed according to judicial rather than arbitral practice. When it is apparent on the face of the complaint and the defendants motion documents incorporated therein that the parties agreed to arbitrate, the court should apply the FRCP 12(b)(6) standard for a motion to dismiss for failure to state a claim, without any opportunity for discovery. Yours truly /S/ Signature Your name MSJ Motion Pending Arbitration.doc
  8. My suggestion would be to Memo the Judge and copy to the Plaintiff through his lawyer. I've drafted up a technical Memo with some caselaw subject to editing and personal preference. Defendants Name Case Number To: Judges Name Court Name etc Re: MSJ Motions Pending Arbitration ruling. Memorandum Memorandum regarding Plaintiffs Motion for Summary Judgment Pending Motion for Compelling Private Contractual arbitration as per Card Agreement. For reasons stated herin, the Court should strike Plaintiffs Motion for Summary Judgment rendering it null and void and have no effect on defendants pending application to confirm private contractual arbitration per incorporated agreement attached to motion to compel arbitration and deny plaintiffs motion for summary judgment as moot. A genuine dispute as to material facts exist regarding a number of Issues unresolved. Defendant has not been allowed discovery. NC Civil Procedure § 1-569.7 (f) If a party makes a motion to the court to order arbitration, the court on just terms shall stay any judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section. An application has been made to stay action in this Court. Action is pending continuance. Petition and Motion for Private Contractual Arbitration is in continuance for determination on <enter date> Answer to Plaintiffs summons and complaint has been filed no further action initiated. The petition for private contractual arbitration includes a copy of the card agreement incorporated in the submitted motion documents directing disputes be settled by private arbitration. Answers and summary judgment motions are matters that relate to civil actions, not motions pertaining to arbitration proceedings. See Fed. R. Civ. P. 7(a) and 56. A party does not file Case 3:04-cv-02370-L Document 33 Filed 04/30/07 Page 4 of 14 PageID 228 therefore, has no applicability to a proceeding relating to arbitration. Plaintiffs’ motion should not apply to a proceeding relating to arbitration for two reasons: (1) a proceeding relating to arbitration cannot be brought as a complaint to commence a civil action under the FAA; and (2) Rule 81 restricts the applicability of the Federal Rules of Civil Procedure in arbitration matters. S&B Br. at 3-4 (citing 9 U.S.C. § 6; Fed. R. Civ. P. 81(a)(3)).1 Rule 41 pertains to voluntary dismissal of actions and provides as follows: an action may be dismissed by the plaintiff without order of court (i) by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs, or (ii) by filing a stipulation of dismissal signed by all parties who have appeared in the action. FAA’s goal of promoting the expeditious resolution of disputes, the enforcement of private arbitration agreements, rather than speed, is the dominant goal of the FAA that must be given priority by courts. See Guidotti, 716 F.3d at 773 (citing Moses H. Cone Mem’l Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 219-21 (1983)). Normally, therefore, issues at the gateway to arbitration, such as the existence of an arbitration agreement, must be addressed according to judicial rather than arbitral practice. When it is apparent on the face of the complaint and the defendants motion documents incorporated therein that the parties agreed to arbitrate, the court should apply the FRCP 12(b)(6) standard for a motion to dismiss for failure to state a claim, without any opportunity for discovery. Yours truly /S/ Signature Your name MSJ Motions Pending Arbitration ruling..txt MSJ Motion Pending Arbitration.doc
  9. The first thing to do is RELAX. Midland is the nemesis of many of us on this forum. The purpose of my post is to advise you that most all of us at one time or another have felt exactly the same way you do. The posters on this forum have helped me beat three of Midland Funding's law suits. They will also help you either arbitrate or settle your claim. Keep reading and look at local NC rules of procedure and caselaw.
  10. Thanks BV 80 I think that shores up all the challenges. Hope to get the MTC Arb past the mandatory trial Court ADR.
  11. Concerns for divesting the arbitrator of jurisdiction: To avoid the potential for such an outcome, a party to a terminated arbitration should request an order from the arbitrator spelling out in detail the grounds of the termination and the effect such termination should have on later proceedings. Such an order should be requested prior to the issuance of the arbitrator’s termination order, as such an order could be construed to divest the arbitrator of jurisdiction. Should we be concerned about this potential for a countermeasure.
  12. With these requests for dismissal with prejudice can we include a cost bill for expenses to date or is that a separate Court function.
  13. Will that be typical of an JAMS Arbitration that is closed do to non-payment and referred back to the Trial Court. Do we have a suggested template for this request for sanctions.
  14. This strategy would close a potential for a loophole. It however begs a question of which motion would the court address first. Motion to void the MTC Arbitration Staying Proceedings or Motion for sanctions with termination letter asking for dismissal I would think the next phone call would be to the JDB lawyer for conference on the motion fulfilling that requirement.
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