Brotherskeeper

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Brotherskeeper last won the day on December 15 2019

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  1. @bmc100 I don't know if you check back here from time to time, but I wanted to alert you and any new Michigan posters to important changes to the Michigan Court Rules that went into effect on 1/1/2020. Michigan Supreme Court Approves Significant Changes to Michigan Court Rules Effective January 1, 2020
  2. See pages 15-16 of "The Supreme Court of Ohio Rules of Practice" for submissions to your state SC. Your local court rules may address these requirements. The filings of the Plaintiff in your case probably conform to your court rules for typeface, spacing and font size. S.Ct.Prac.R. 3.09. Mechanical Requirements. (B) General (1) Typeface (a) Every original document filed with the Supreme Court shall be single-sided, shall be typewritten or prepared by, computer, word processor or other standard typographic process, and shall comply with the requirements of this rule. (b) The text of all documents shall be at least 12-point type and in one of the following typefaces: (i) Times New Roman; (ii) Cambria; (iii) Calibri; (iv) Arial Standard (i.e., not Black, Rounded, Unicode, or Narrow); (v) Palatino Linotype. (3) Spacing and footnotes The text of all documents shall be double-spaced. Footnotes and quotations may be single-spaced; however, they shall also be in 12-point type.
  3. Please reread Fisthardcheese's pinned thread on arbitration. I believe the Demand form he suggests you fill out and bring to court is the JAMS Demand form. This is to show the judge (if needed, depending on your judge) that you are serious about filing the demand claim as soon as the judge grants the MTC. https://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf
  4. @ASatts You have personal info that needs redacting. You didn't mention the FAA. I don't know if it's too late for you to add this in. Also, do your court rules require you to double-space and use a 12 point font size?
  5. A Credit One Bank 2019 Agreement I found states: "Claims Not Covered: Claims (whether brought initially or by counter or cross-claim) are not subject to arbitration if they are filed by you or us in a small claims court, so long as the case remains in such court and only individual claims for relief are advanced in the case." The good news for Michigan defendants is Michigan does not allow attorney representation in small claims court unless the attorney is the plaintiff collecting on debt owed to the attorney. General Civil Matters "For disputes involving amounts of $5,500 or less, the plaintiff can choose to file the case with the small claims division of the district court. The defendant can agree to have the case remain in small claims or can request the case be removed to the regular civil division. An attorney may not represent you in the small claims division." We've had several Michigan posters sued by LVNV/Stenger who've had happy endings following the arbitration strategy using a motion to compel arb after being sued.
  6. @shyneon You need to verify the California Code of Civil Procedure (CCP) requirements for an affidavit--as @catlady22 advised. (I am not a lawyer--IANAL) A declaration is a statement of facts within someone's personal knowledge made under penalty of perjury. An affidavit also states facts within the affiant's personal knowledge, but is signed in front of someone with authority to witness an oath, usually a notary public. By signing under oath before a notary, you’re swearing under the law that the things you say in the affidavit are true. You'll need to look at a sample affidavit from California to see if you write an affidavit in numbered paragraphs, and if you also must include language that, "if sworn as a witness, I could and would competently testify thereto," or something similar. Here are a few links to check out: 2009 California Code of Civil Procedure - Section 2009-2015.6 :: Article 2. Affidavits ARTICLE 2. Affidavits [2009 - 2015.6]  ( Article 2 enacted 1872. )    2015.5. 2015.5. (a) If executed within this state: “I certify (or declare) under penalty of perjury that the foregoing is true and correct”: _____________ _________ (Date and Place)(Signature) (b) If executed at any place, within or without this state: “I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct”: _____________ _________ (Date)(Signature) "If the declaration is executed outside of California but fails to include the language “under the laws of the State of California” as indicated in option (2) above, then the declaration will be considered to be inadmissible hearsay. “[C]ourts do not find compliance with section 2015.5 to be both substantial and sufficient unless all statutory conditions appear on the face of the declaration in some form.” (Kulshrestha v. First Union Comm’l Corp. (2004) 33 Cal.4th 601, 612.) Add these certifications to every declaration you prepare, and if it doesn't exist in your opponent's declarations, be sure to object."
  7. @Jackie1989 Wow! That's terrific news. It looks like they realized their old records might not stand up. Thanks for the update. Please let us know more details if you're able to share them.
  8. @BitsyM Do you have any reason to believe that Midland's attorney is no longer representing them? IANAL. Since this is a court-ordered arbitration, unless you have notice that the attorney has withdrawn, I believe you should follow the judge's order and Fist's advice: Also when sending the Demand, I send it to AAA/JAMS and to the attorney for the JDB at the same time. I send both CMRRR and retain the green cards. Although the Demand Form instructions say that proof of service is needed, I simply include a "certificate of service" with my forms that states that I certify that I sent a copy to the JDB by USPS Certified Mail. If there is ever a question about service after I file, I will have the green card to submit as proof if needed. Remember, that this is now YOUR case against the JDB. It will be up to the JDB to file a COUNTER CLAIM in arbitration for the alleged debt. They have a set amount of time per the rules to file a counter claim. Make sure you know the rules. It will not be uncommon for the JDB to not file their counter claim in the allowed time frame. If they file after the allowed time, you must file a written objection noting this and ask for their claims to be stricken as untimely. Always file written objections to EVERYTHING that falls outside the rules in arbitration. When you object, also ask for a hearing on the matter (see arbitration strategies section above). NOTE: It is likey that in such situations, the arbitrator will rule in favor of the creditor almost every time and allow things like untimely filings anyway. Do not let this discourage you. The point is that you filed the objection, forced at least a response from the other side and for the arbitrator to make a ruling. All of this cost them time and money. Even if nothing goes your way on objections, you should continue to make them for every problem you encounter. They add up and they increase the pressure on a JDB (or an OC) to settle."
  9. If you're looking to buy some time without having to pay the $250 to JAMS, you should reread and follow Fist's advice in his pinned thread on arb: When sending in the Demand for Arbitration, I never send money initially. If you are required to pay the $200/$250 consumer filing fee (or any portion of it), then the arbitration firm will tell you to submit that in order to continue. They will never reject your filing, but will send you a case number and request for payment to move forward. Having the case number is key evidence that you filed the case (which may be needed for Court later). If the Card Agreement states that "they" will pay for your filing fee, I will include a cover letter with my Demand form stating that per the Agreement you are asking the company to forward the consumer filing fee directly to AAA/JAMS."
  10. @BitsyM When you start new threads for the same case, we lose the details of your case. I don't recall how much this debt is, but the JDBs don't usually go far, if at all, into the arb process. You don't want to be in default of the arb process yourself. Unlikely, but it could give an opening for the plaintiff to go back into court if JAMS closes your case due to nonpayment by you. The GAP/Synchrony agreement states: "10. ...If you ask, we will pay all the fees the administrator or arbitrator charges if you cannot obtain a waiver of fees from the administrator and are acting in good faith. We will always pay arbitration costs required by the administrator's rules or that are necessary for this Arbitration section to be enforced." You can ask the JDB to pay before you attempt to get a fee waiver from JAMS, but the JDB may decline if you haven't followed the arb provision's #10 terms. Do you think you would qualify for fee waiver from your court due to indigency? If so, I believe the JAMS rules allow waiver of the initial fee. If this is the same case that had you sued in the wrong venue, why did the judge deny your wrong venue motion? Are you planning on alleging a violation for this in your JAMS claim demand?
  11. @BitsyM Your reasonable excuse for missing the hearing was your daughter's illness. Your judge will decide if the facts you presented under oath in your affidavit with attached supporting documents are in fact a reasonable excuse. We need to read up on whether there's case precedence for the court to consider an agreement to arbitrate these disputes--as you timely asserted in your Answer's Affirmative Defense I--as a meritorious defense to set aside the default judgment.
  12. @ASatts It looks like your MTC is Fisthardcheese's basic template, but you did not include any Ohio case law or follow the Hamilton County rules. This may be why the magistrate remarked on your use of the Internet. Still, you quoted the US Supreme Court Concepcion as authority.