ExistentialCircumstances

Members
  • Content Count

    22
  • Joined

  • Last visited

Community Reputation

10 Good

About ExistentialCircumstances

  • Rank
    Newbie

Profile Fields

  • Location
    Michigan
  1. Rule 3.602( Arbitration (4) A motion to compel arbitration may not be denied on the ground that the claim sought to be arbitrated lacks merit or is not filed in good faith, or because fault or grounds for the claim have not been shown.
  2. Honestly, You went into court unprepared. You probably knew what to say but you didn't have your ducks lined up. Your demand for arbitration should have already been served to the JDB and the forum, and your proof of delivery should have been filed with the court. I have to reread Linda's thread but I think it probably states that much. Going to court with only a partially filled out form is going to court empty handed. It’s not surprising that the judge laughed. I'm sorry that this happened to you and I wish that I could have seen this thread and helped before the last minute. Follow the advice of bmc100 and be thoroughly prepared.
  3. The order for alternative service is not a revised summons and complaint. It is permission from the court for service in another way because you could not be served for whatever reason. That's why the summons was taped to your door by the process server and a copy was mailed to you by the court clerk. There is no need to duplicate the information and affidavit from the original complaint because that still stands. Well, since AA didn't provide an OC agreement with their complaint, you are free to find one that suits your needs if you want to go the ARB route.
  4. Here's what you do: Print out the agreement you used in your MTC. Find the section on arbitration and highlight it. While the motion is being heard, read agreement verbatim in response to each of their responses. Rinse and repeat. Midland is up to something slick. DO NOT let them sneak that $500 in. JAMS caps consumer fees to $250 and I believe AAA caps consumer fees to $125 if the claims do not exceed $10,000. It all comes down to the language of your agreement on what you have to pay. Be sure to point that out. Also, your agreement should state whether it differentiates between INITIATION and ELECTION. Some judges will tell you that the plaintiff CHOSE court so initiating is your responsibility. If that occurs, request time to initiate. Get used to the term "delaying tactics" because they are going to throw that at you several times. The judge may agree because you have not initiated.
  5. I always prefer research before submitting an answer depending upon how much time you have left to respond. Start with Michigan Court Rules. A quick search will bring up Michigan COA court rules. Sorry I can't post links yet. Then go to Section 600 of the Michigan Compiled Laws. Then Google "Account Stated Theory" and "Meeting of the Minds". Also: I worked an improperly dated affidavit into an FDCPA violation in my counter claims. I have a NDA so I can't tell you how it turned out. You'll have to decide your own method of attack. Since it appears you did not dispute the debt in any way, you may have a tougher time. In Michigan a counter-affidavit is just as important as the answer. Also, I wouldn't submit to venue and the court's jurisdiction unless you are positive that you would not want to go the arbitration route later. Their complaint is pretty standard. If you do a search on this board for Michigan, you'll see how others have responded.
  6. If you want more people to respond, there is a format in which you can use to layout the details of your summons. With that being said, I believe your response time begins from the date of service not filing. You can probably motion for dismissal for them suing in the wrong venue and that would take care of your SOL problem, maybe.
  7. They want 90 days for discovery. Do you actually need another 60 to get your mtc heard and ruled on in NJ?
  8. +1... You have (2) choices. He's a debt collector and he presented himself as a lawyer making a settlement offer VIOLATION. He has a friend at the jdb office that can get you a deal; VIOLATION. He didn't identify the jdb; VIOLATION. He is a lawyer working at or representing jdb and they outright threatened you with legal action if you didn't pay a debt; VIOLATION. Tape recorder?
  9. Don't, at least not yet. So, correct me if I’m wrong, but the suit was filed on 06/01 and you responded by 06/21, correct? Then, I’m guessing that you have not even been to pretrial yet? I’m from Michigan so I don’t know how NJ courts schedule and operate but it appears that you are moving at the Plaintiff’s pace. You are only two weeks into your case, correct? I’m going to give my opinion and some of the more experienced litigators and posters can correct me if I’m wrong, but I would slow down and do some more reading on NJ court procedures and rules. If I was serious about arbitration and had the time, I would not answer discovery or ROGS. I would draft a motion to compel and send out an election letter. Linda prefers to send the election letter and file the MTC at the same time. In their complaint, they are trying to trip you up on the arbitration front. I would file the 2007 agreement with an affidavit stating that that was the true agreement alongside my MTC.
  10. Linda, Thanks for the advice. I agree; you do have to be careful depending upon your rules of civil procedure. I wonder if not putting a time line could potentially cause problems as well. A meet and confer letter is simply to show that you tried to resolve the issue before you filed a motion. In Michigan, you could lose your motion by not properly doing a meet and confer. I had to give the opposition time to respond. I even put in my motion:(1) Mr. Judge I tried to get the JDB not to violate my rights in this letter- exhibit 'A'. (2) The JDB said screw you, you have to do "special acts" to arbitrate- exhibit 'B'. I guess it really depends on your court rules. If anyone can clarify meet and confer letters, it would be greatly appreciated. In my case, the letter was mostly a distraction and following procedure. I had already initiated with JAMS. I just sat back and watched them send me letter after letter racking up violations. Additionally, I knew they did not have a contract. I just wanted to verify it and make sure I did not have competing contracts in my hearing. Linda, you have some good advice. Isn't JAMS and AAA turning down creditors without a court order?
  11. ^^ I definitely agree^^ The court lacks subject matter jurisdiction if there is a binding arbitration agreement. Here is another election letter for you. Its for HSBC but you can still use it if you want. I got it from another board and tweaked it slightly for my own needs. I had every intention of initiating because it only cost me $50 and I could control where the arbitration was held.
  12. I may be wrong, but isn't Florida one of those states where answering the summons waives your right to arbitration?