Somewhat Confused

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  1. After filing arbitration - I got my court date and I went on the 31st for my Motion to Compel Hearing: This is what occurred - the time I had to be there was 11am & apparently no attorney showed up for my case as I sat there until 1:10 PM and low and behold finally the attorney blew in. The judge called us up and this lady apparently had nothing with her as for some reason she was not aware of this court hearing as the jduge stated they had called her to come and she made the comment on how she was driving on the freeway going home when she got the call. Yeah nice judge made me sit there the entire time while calling to get someone in instead of just dismissing it for them not showing up and mind you this attorney was in early on another case (in which she won judgement on ). The judge then made a comment on how they (I don't know who they was) had wanted her to adjourn this case an hour ago but because I was sitting there so nicely she (the judge) couldn't do that to me. I didn't know how to take that as I was wondering if it was a inside joke or... Next as she was looking over the papers - she said "I have to ask" but I don't think you prepared all this by yourself did you. And I replied, I most certainly did & how I have spent countless hours going over MI Civil Rules & case laws and with the help of Google Scholar & the internet (of course it was the great help of everyone here including BV80 & Linda) I was able to put everything together. And I told her that while all the legal jargon is not mine I did in fact get it from other case laws and legal sites so that I can properly respond to the courts. She said wow ok, you know I have never heard of Google Scholar. Then as she was again looking over the papers she stated that she was a little confused as to why I would file a Defendants Response to Plaintiff motion to compel when the Plaintiff never filed a response for me to respond to. I began going through my paperwork and went to pull out the Plaintiff Response to Defendants Motion to Compel Arbitration when the lawyer just snatched it from my hand and started going over it and stated she wasn't aware of it and the judge said neither am I as it was never filed with the courts - so then they took mine & made copies of it. And the lawyer said in looking it over - I can briefly go over what it says and started to state the case law that was cited (Henderson vs Moghissi I believe) I gave up my right to file arbitration and how I cannot file for arbitration because I waived my rights. Then (lawyer) she proceeded to basically say the same thing over & over & over again about how I am just trying to dodge the bullet and how I waited to long and that I just want to change venue so I can dodge judgment and that according to Michigan law and the cases that were cited it will prove that I in fact did waive my right to file. So then I told the judge you know I may not be lawyer and I don't have fancy words to site and say and while I have spent countless time and hours doing all this work and research I know at the end of the day that no matter what case law she states "if I am not aware of my rights being waived how can I waive it". I told her as I held up their copy of the 1999 agreement they sent me - that no where in this agreement they gave me offer or give me the right to arbitrate - therefore they did not supply me correctly through discovery. As I came across the 2004 Providian agreement through my own research which gave me the option to arbitrate if I choose to. Then she blurted out - we gave her a copy of the agreement from when the account started. And I said that's funny considering you didn't give me any copies of said statements from when the same account started - but you wanted to give me a copy of the agreement because the statements you supplied with started in April of 2005 - and as far as my right to file it does clearly state in the arbitration that I have the right to elect arbitration even during the course of Court and that's what I did. The judge then proceeded to say that in this late in the game she has never had an instance where someone has elected to file for arbitration. Then she went on this speech to me where she stated "you know I have many credit cards myself and like many credit card holders throughout time you will get several mails with the notices of changes to your account etc.. then she said - what I and maybe some other people would typically do is riffle through these papers & then end up after looking through them just throwing them in the garbage and in my case in you receiving these same notices then you would have been aware of these changes to your credit card account as time passed wouldn't that be fair to say? I said no - because to my knowledge I am not aware of ever receiving any kind of so called statements or papers - then she (judge) looked at the lawyer who sat there smirking & shaking her head. At that point I just put my head down as these two playfully looked and talked with each other as if I wasn't even there. Then the attorney started going off again citing the same thing about Henderson and rights etc...then stated - see judge she is just trying to use this excuse (of not knowing) to dodge judgment and that I have stated specific case laws to show that she in fact (in Michigan) waived her rights to file. And then I said - I also too stated case laws to the otherwise - and the judge said this is what I will do - I will have to read her (mine) case laws that was cited and then I will let you both know within a week if I will or will not allow this. But you (me) have to keep in mind that you also did not respond or file Plaintiff Motion for Summary Disposition and if I do not allow this arbitration to proceed then you must have this filed by Nov 16. You should know by the end of next week if you should prepare it or not as then I will have my decision. SO that's the gist of it... not anything I though would have happen happened as I thought after today it would have been over with. This lawyer is a pit bull she just doesn't want to let it go and I just don't get it! But in the end its not up to her so hopefully the judge will do what's right & let it go to arbitration (fingers & toes crossed)... of course its now the 7th and I haven't heard back from the Judge even though she clearly stated many times that we will have her decision by the end of the week...
  2. Received their reply the other day and may I say that they were not happy that I filed for arbitration. Below are some of the great examples they are firing back at me.... They stated that for a Standard Review: And this was my favorite part... And then their argument... And in the end they feel that... Nice really nice...and thats my update so far...
  3. Just to update, with my case I filed for Arbitration. I wouldn't have been able to do all this without the great help of Linda7 & BV80 who guided me & got me all the forms needed so that I was able to accomplish all this. I went to the court house today paid the $20.00 to file the motion and now lets see what happens..
  4. Hi Legaleagle, I have endlessly searched everything, and all I can say is either I am not putting in the correct wording to do the search or.. You mean Chase as this was for a Providian card that was transferred to Wash which was bought out through JPMorgan Chase, which the governing laws that apply is DE is (3) years. An old Chase Agreement from 1999 (from when my account started or 2006 when it ended) stated the following below. GOVERNING LAW THE TERMS AND ENFORCEMENT OF THIS AGREEMENT AND YOUR ACCOUNT SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH FEDERAL LAW AND, TO THE EXTENT STATE LAW APPLIES, THE LAW OF DELAWARE, WITHOUT REGARD TO CONFLICT-OF-LAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND YOUR ACCOUNT ARE LOCATED, WILL APPLY NO MATTER WHERE YOU LIVE OR USE THE ACCOUNT. They only supplied me with one copy of an agreement and that is for when the account was first opened in 1999 the Visa Classic Providian Acct Agrmnt they did not supply me with one when it transition over to Washngtn/Chase.
  5. No it doesn't, the first statement they supplied me with is dated 04/06/2005 and it shows a previous balance ($1,9xx.xx) along with finance charges and then new balance due. I cant beleive this - this truly is great news to hear bmc100!
  6. Hi BMC100, Thank you so much for that breach of contact info. As for the account stated the date range the are using is from 2/99-6/07 - they only supplied statements from 4/05 thur 06/07. While it does not show any purchases from that time, it does show payments & finance charges.
  7. Hi Patz, I have endlessly searched this and many other forums & yes I am looking for help to write the opposition MSJ, and the main problem I am coming across is in coming up with specific (MI) case laws in writing it. Also question: WAMU took over Providan. Should the JDB have provided me with a WAMU agreement instead of a Providian agreement?
  8. Hi, I have searched high and low for the past few days in reading soooo many collection case laws & cases that I don't know what's what. In short if there is anyone on this board who has a copy of an MSJ for MI, I would greatly appreciate any help (see my original posts). Thanks
  9. Although I may have disputed (denied) the account - payments are shown on statement for said account, so that was a good catch BV.
  10. Glad to hear that you did so well with them!!! You said - So they didn't have any copies of any statements or anything, because unfortunately for me they have lots of statements for me. None of the statements shows any transactions although it does show the finance charges & payments made to the said account. And unfortunately - the statements are in my name & address. And they did not give me any terms of agreement for the change over to Wash/Chase. Cant say thank you enough for these great rules as I am sure I am going to need them. Now I need help with getting my opposition summary judgment done - with the help of using these rules and hopefully more. BV, wasn't able to file today had to work but I have everything printed and ready to go, I also did not find any info on having to send a copy to the attorney. I guess when I go down their tomorrow I will ask the clerk if I have to do it and do it all at once then. I just hope I am doing the right thing or (having doubts now) should I just let it go and work on what I have. Also should I do something with this, is there something specific to file or does this go in my Opposition to Motion Summary Judgment?