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About pjw318

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  1. I have gone through very similar situation with Cap1. I agree with ladybug that you should deny their accusations except maybe your name and where you live. You certainly don't want to give them ammunition against you. Remember, in Michigan you have 21 days to answer the summons. I don't know how much time you have left, but you should read up on arbitration. It is the route I went and it has worked out well for me. If you decide arbitration might be good for you, then you should file a motion to compel arb with your answer to the summons. There are lots of smart people on this forum that can
  2. Here is how it went... Judge asked why are we here today. I started by giving time line of receiving dunning letter, sending DV letter with arbitration elected, still filed suit anyway. I read the Arbitration provision in cc agreement, read FAA Title 9 section 3, told him we are here to compel plaintiff to arbitration. He asked me where I was at in the Arb process. I said we are here today to compel plaintiff to arbitration. Asked me why I hadn't started it, I said that was why we are here to stay this case pending Arb. He wasn't thrilled Local atty said I denied everything in my answers, so
  3. Hi All!! Got my hearing on Monday. Just looking for any advice, maybe things to look out for from opposing attorney, things to be sure I take to court. I'm getting pretty anxious and don't want to mess up. Anybody willing to help it is greatly appreciated. Thanks for all the help already and any more you all have.
  4. When I take copies to court such as...cc agreement, dv letter and such, can I staple the documents together when more than one page? I am printing out 4-5 copies of everything and trying not to mix up anything Thanks
  5. Wife is being sued by Calvary Portfolio. She of course is freaking out. Will not consider going to court..yet. I tried to explain what will happen with summary judgment. Any ideas on how to proceed? 1. Who is suing you? Calvary Portfolio Services and Attnys 2. For how much? $1300 3. Who is the original creditor? HSBC-- orchard bank card 4. How do you know you are being sued? Served summons 5. How were you served? Were you served? summons served at door by server 6. What was your correspondence (if any) with the people suing you before you think you were being sued? none 7. Where do you liv
  6. So here's where I am. Sued by law firm for Cap1 after electing Arbitration in DV. Filed answers and MTC Arb within 21 days. Got hearing date in Oct for Mtc. 2 days after getting that, I get a Motion for Summary Disposition from Lawyers. The hearing date for that is one week later. Is this the same as summary judgment? What do I do next? Did I do something wrong? I feel lost. Hopefully I can get back on track. Thanks for any help
  7. Court set hearing date for my MTC Arb for 2nd week of Oct. The clerk said she is mailing the notices out to all parties, that I don't need to mail anything she'll take care of it. 1) Should I mail something to Cap 1 or their lawyers suing anyway? 2) Any advise on what to do in the meantime? Feeling nervous and overwhelmed now there is a date set. Thanks All
  8. SO here is where I'm at... I answered summons and at same time submitted motion to compel/stay arbitration. Felt relief that I finally finished it and got it in in time. Now I am wondering what to do next?? Should I contact Cap 1 lawyers or wait? Just starting to get anxious(nervous) not knowing what is coming up? Thanks
  9. I was wondering if you have a copy of your motion to compel Arb. I am fighting Cap1 also, and need to file motion,but am having hard time finding examples for Michigan.
  10. Thanks for all the help and info. It is greatly appreciated
  11. Should I be "worried "about their affidavit from Supposed cap 1 employee?
  12. Any Advise on the best wording to use for adding lack of jurisdiction because of arbitration election? Also, is this an affirmative defense? Thanks
  13. Lots of great advise on these boards. Take your time and do some good reading. Good Luck
  14. These guys sent me an offer of 50%.. needs to be in their office in 3 business days. No problem