Wishmich

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About Wishmich

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    Michigan
  1. Admin, perhaps it would be helpful if people would post how they LOST using this so the rest of us know what we're up against. Just a thought.
  2. Wow. I'm smack in the middle of this now since I've already elected arbitration. I fear now I'm left hanging out to dry. Yikes! What a time for this to happen!
  3. Update: We have a hearing on Tues cuz of their Motion to Strike Arb and my objection. Now today, I get via Fed Ex the lawyer asking that I stipulate to dropping this motion and continue with Arb. I guess the lawyer doesn't want to look stupid. However, in my objecction, I asked for $250 for sanctions for them dragging me back in there because they don't know how to read their own contract to know what JAMS is or the JAMS rules. Anyway, should I agree to drop this or go through with it? I'm inclined to show up on Tuesday and see if I can get the $250 out of them, but I don't want a judge m
  4. Debt-warfare...you should start a new thread on this. You don't want it to get buried in this thread. I'm sure plenty of these good folks can respond better than I can.
  5. Thank you!!! I've got my response ready to go. the only thing I'm stuck on now is how to go about asking Cap1 to pay for my portion of the case management fee since I'm unemployed and living on my spouse's unemployment! I'll keep you updated and I hope their lawyer starts to do a little reading and becomes familiar with their client's contract.
  6. Who do I attach a copy of the contract to? Do I have to answer this with the court or send it to the attorney?
  7. I filed with JAMS and sent copies off to Cap1's lawyers and the PO Boxes listed directly to Cap1. I did not send the fee but got a bill recently. I called JAMS and asked how I go about getting a fee waiver. They said unless I was from CA, I had to ask Cap1 for the money. Great. I'll do it, but I bet I won't get it. ANYWAY...here's the kicker and I need some advice on what to do with it. I just got in the mail a copy of a Motion to Strike Defendant's Demand for Arbitration. In short, they are saying A) The I didn't correctly state the nature of the dispute between Plaintiff and Defendan
  8. It's dismissed without prejudice at this point. They will get me back there if I don't comply within 60 days, which I intend to do. Thanks for the advice to forward the fee waiver copy to the judge. I think he'll only go after me if he thinks I'm just jerking around. At least, that's the impression I got. The original debt supposedly was $2900, but they've been asking for $4,900 with their interest and fees tacked on.
  9. Update: My case in court was dismissed without prejudice and I was ordered to initiate arbitration within 60 days. The judge did say that I had to pay the initiation fee. I told him that I planned on filing a fee waiver and had no idea how long any of the process took, so would I be dragged back into court on that technicality. He said if I waited 45 days before I filed the papers just to try to drag it out, then they can bring it back to court. I told him that I had no intention of doing that. I guess if the other side drags me back to court, I will just have to show that I made a good e
  10. I got the same vibe as you did. They almost overstated their case on that. I'll have my ammunition ready! I know they want to drag me back in court as soon as they can. I don't know if it will matter or not, but the SOL runs out in Feb. 2011 Is my MTC ok? Do I have to cite a Michigan law along with the FAA law in line 12 instead of the Florida template there?
  11. I'm not sure on something. Would you mind checking this over? My Motion to Compel and Stay Proceedings. I'm not sure how to find Michigan statute that I have highlighted in red. Also, please note the section where I said I had to get my own general customer agreement. Is that part ok? I still have to answer the Motion for SJ and I have no idea where to start. Any help to these questions is greatly appreciated! Thank you in advance. XXXXXXXXX STATE OF MICHIGAN CASE NO. XXXXXXX CAPITAL ONE BANK (USA), NA , Plaintiff vs. XXXXXXXX Defendant __________________________________/ DEFENDANT’S M
  12. Sorry, but I think I need to be walked through this with my hand held. There was a MSJ hearing scheduled at the same time I filed a MTD. When they filed their MSJ, I finally got some ppwk. Before that, nothing. I sent the letter to plaintiff and to court demanding arbitration. Today in the mail I got a Plaintiff's Response to Def. Motion to Compel Arbitration: In response, Plaintiff filed a Motion for Summary Disposition pursuant to MCR 2.ll6©(9) and (10). Defendant then filed a 'Motion to Dismiss' that states no legal basis for dismissal, is not filed in conformance with the Michigan Court Ru
  13. Ok. I have my letter to Cap1 electing arbitration. Please let me know if this is what I need to do now that I've sent the letter. 1) Answer their MSJ. 2) Amend my Motion to Dismiss and use the improper venue reason 3) File a Motion To Compel Arbitration 4) File JAMS complaint. Is this correct?
  14. I think I found the appropriate threads. Thank you. I'm sure I'll have more questions. But I will get the letter out today.