jdfkl

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Everything posted by jdfkl

  1. [i'm hoping my font is an acceptable size -- I can't tell. If it's wrong, please accept my apologies! ] Back story: I DV'd & Elected Arb to JDB CA timely and before they filed. Six weeks later I am served. Still, CA doesn't file complaint right away. I send CA ANoTHeR Election Notice, with Completed JAMS forms attached (CMRR). At the last minute, CA files with the court. This is my first Answer where I have ALReaDY Elected Arbitration and been completely ignored. Tell me what you think --- whatever you want; I can take it. :HeartRX: NOW COME Defendants XXXXXXXXXXX, PRO SE
  2. BV80, You always find so many applicable Case Laws. Can you give the Pro Se's some tips on Where to look, and how to efficiently get it done? THanks!
  3. I sent a DV (cmrr) --in which I included an Arbitration Election-- to a JDB. The JDB never responded with any Validation. Instead, I was served papers yesterday for a new lawsuit. The way it works in my state is: A Defendant is served before a Complaint is filed; After the service the Plaintiff has 10 days to make it official and file the Complaint in Court; So this suit has not been officially filed with the court yet (I also just verified the pre-filed status on this case on the court website). Because I have already elected arbitration with the JDB, can I preempt the suit being filed
  4. In Responding to an Opposition to my MTC, we encountered some uncharted territory: Option 1 -- Already Filed -- Very Recently: In my MTC I attached Agreement A as an exhibit. Plaintiff Opposed saying I should be denied because Agreement B is the correct one. I Responded saying, "Fine, let's use your Agreement B; they both say the same thing. And, by the way, we caught you in an outright lie." The Judge on the case has a strong history of ruling with the Plaintiffs (this is based on my research; however, the defendants never really tried very hard that I could see -- most defaulted, and 1 or
  5. I am fighting 2 cases right now. I was "ambitious" and filed MTC-Arb's on both cases (within a short time of each other). One is in Opposition. The other one is unopposed as yet; however, Admissions are coming due on case #2 while the Plaintiff still has time to Oppose. Herein lies the question: How do I resolve avoiding being "Deemed Admitted" while the MTC is pending? Do I 1) Submit Admissions anyway just to avoid the Default? 2) Motion for Continuance on Admissions pending decision on the MTC-Arb? In which case I'd have to serve a copy of the Continuance to the Plaintiff and reluct
  6. Linda7, I'm still too new to pm you just yet. I've been mulling my options all day. Do you have time to contact me?
  7. Point taken, Coltfan. I'm glad to see you here, too! I'm feeling some strength here in this thread. So then my question becomes do I have to INITIATE arbitration in order to have made a valid ELECTION? They definitely seem like two different things. According to the Agreement, it looks to me like all I need to do is ELECT or declare that Preference for Arbitration within the provision. The Opposing Attorney looks like he is using INITIATION as the only means of Electing... it doesn't jive with what I think I'm reading in the Agreement, and it looks like a stalling tactic; or like the Pl
  8. Is there a difference between ELECTING Arbitration and INITIATING it? I thought I had run through the appropriate steps in ELECTING ARBITRATION, then submitting an MTC to the court. The Plaintiff's Atty Opposed my MTC citing failure to Intiate. Can someone help me clarify the difference, and how Electing didn't suffice? Below is the Letter I sent to the Atty to ELECT ARB: To whom it may concern: Pursuant to section titled “Arbitration” on page 6 of the enclosed Bank, FSB document I hereby ELECT arbitration to resolve all disputes between us. The arbitration section contains language that wai
  9. Thank you for your feedback. Is there a difference between ELECTING Arbitration and INITIATING it? Below is the Letter I sent to the Atty to ELECT ARB: To whom it may concern: Pursuant to section titled “Arbitration” on page 6 of the enclosed Bank, FSB document I hereby ELECT arbitration to resolve all disputes between us. The arbitration section contains language that waives your or my right to litigation in court upon ELECTION OF ARBITRATION. I expect you to honor these provisions, as will I. I hereby elect to refer all claims to JAMS; please find the JAMS Demand for Arbitration documents
  10. Then he attached Exhibit A – which is stated to be the true and correct Agreement Terms at the time of default… [which time is expressly disputed by me]. The Agreement is printed with marks in the margins, which make it look like a copy that would be sent to a printer, rather than to a cardholder. The Agreement is dated 05/08 (emphasis added). This particular copy does, in fact, mention NAF and AAA as arbitration options. However, the agreement also leaves the caveat that if either of these is unacceptable, I would have 30 days after I received notice of Amex’s election to select the o
  11. Hi All! It’s me, Diligence, an Avid Fan and Late-Night Reader of this site. I have followed and applied with care an MTC-Arb in my defense against Amex. I thought it was going to be a simple black-and-white motion; however, on day #10 after my filing --Plaintiff has 13 days to respond-- he did. [:!:With convoluted, blatant misrepresentations of the truth, mainly.] I have never seen a response like this by a Plaintiff for an MTC, so I need some help, if you would be so kind. I need to respond to this Opposition. I am not sure how many days I have to respond --- will have to call the cler
  12. Thanks for your reply! I'm filing my answer either this afternoon or tomorrow morning: How soon should I also file an MTC? Should I mention an MTC intent within my Answer (at the end where I list "Defendent reserves the right to.....")? Or would that raise some red flags that could trigger the Plaintiff to make Motions blocking my abilities to file an MTC thereafter? I'm still studying the pro's & cons -- from what I've read, Arbitration is valuable in a "gotcha" case. This could be one of those: It's an Amex that is only a few years old [documentation would be relatively easy for Am
  13. Cliff2009, I am interested how your case has progressed? I am facing the beginnings of a suit from the same Attorneys you were. In fact, I'm polishing up my Answer right now -- and I'm toying with throwing in an Arbitration element. I was curious to know 1) When you filed your MTC (to compel arbitration, I'm assuming)? 2) How your case went from there. My Answer is due in the next 2 or 3 days....