Brotherskeeper

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Brotherskeeper last won the day on April 8

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  1. @shadow99 Is this the correct arb provision language from your other thread's MTC with attached agreement as Exhibit A? "3. The parties are bound by the Borrower Promissory Note. The Arbitration Agreement (Section 18) states among other things: (a.) Any Claim shall be resolved, upon the election of either you or me, by binding arbitration administered by the American Arbitration Association or JAMS (b) You and I agree that, by entering into this note, the parties are each waiving the right to a trial. (c) Claim means any claim, controversy or dispute of any kind or nature
  2. ^^This is what I was getting at. What does your arb provision say about the kinds of disputes that arb covers. You and the plaintiff may have different account disputes that are covered by the agreement's arb section. This part of the arb provision defines the "scope" of what disputes can be heard in arb. Your judge, according to Virginia Code and the FAA, will decide 1.) if there is a valid arb agreement (he already has) and, 2.) whether the disputes are covered or excluded by the agreement's arb provision. You need to have the VA code, the FAA provision and the agreement's arb provision to
  3. @shadow69 Have you posted the arbitration clause of your agreement in another thread? https://www.beankinney.com/media/publication/390_Compelling and Staying Arbitration in Virginia _00986602xAC2B5_.pdf INTERSECTION OF THE FAA AND VIRGINIA LAW Although the FAA preempts state law to the extent that state law contradicts federal law, Virginia state courts apply state contract law to determine whether the parties have entered into an arbitration agreement (see Amchem Prods., 563 S.E.2d at 743 (in determining whether a contractual dispute is arbitrable, court applies Virginia subst
  4. @SoStressed...so, maybe NOT SoStressed? Congratulations on your hard work producing this outcome. Thank you for letting us know that the advice and California documents you found on older threads here still have value for current cases. Well done!
  5. @StartingOver123 https://www.courts.wa.gov/court_rules/?fa=court_rules.list&group=sup&set=CR CR 5 SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS (2) Service by Mail. (A) How made. If service is made by mail, the papers shall be deposited in the post office addressed to the person on whom they are being served, with the postage prepaid. The service shall be deemed complete upon the third day following the day upon which they are placed in the mail, unless the third day falls on a Saturday, Sunday or legal holiday, in which event service shall be de
  6. @BackFromTheDebt is correct that anything you attach to your motion and submit to the court must also be timely sent to the opposing side. In fact, many courts require you to also submit a "proof of service" or "certificate of service" attesting that you did so, when you sent it and by what manner it was sent. Please check your court rules of civil procedure and your local court or judge's rules to make certain you are following them. As a pro se, you are expected to know them.
  7. @Katgotsteve Very good advice: read and re-read all your documents. As you do your research and gain knowledge, you see them in a different light. The attorney and his firm did not read their own documents. Perhaps he thought his sloppiness wouldn't matter. Perhaps it usually doesn't matter for him or other judges he draws. He underestimated you. Your judge was not persuaded by his last minute efforts. Your judge did find your arguments persuasive. Well done and congratulations! And thank you very much for posting your experience and advice here.
  8. @StartingOver123 Here is a legal white paper on arb in your state that may be helpful: "A Practice Note explaining how to request judicial assistance in Washington state court to compel or stay arbitration. This Note describes the issues counsel should consider before seeking judicial assistance, and explains the steps counsel must take to obtain a court order compelling or staying arbitration in Washington state court." Compelling and Staying Arbitration in Washington
  9. According to Ohio's own @nobk4me debt buyers are not allowed to file in small claims court. @Cyndi M. do you have a copy of the Sears Citi Mastercard cardholder agreement? Did Stenger include a copy with the complaint?
  10. You mean that Midland's attorney(s) filed Respondent's Answer to your AAA claim demand? Did Midland file a counterclaim for the debt amount? I'm not clear whether or not you had a court order granted to compel Midland to arbitrate. If yes, did you include a copy of the court order to compel Midland when you filed your claim demand in AAA? In the past, AAA refused to handle claims with Midland without the court order. Midland failed to follow AAA's rules. @fisthardcheese may know if this is still the case. If AAA declines to arbitrate this, AAA will send a letter to both partie
  11. Was your wallet stolen in or prior to 2015? Is it possible someone you know/knew may have had access to your ID? Did you get a copy of the driver's license they claim to have a copy of that "you" presented when the purchase was made in 2015? If not, can they provide the license number for you to verify? Do you know how the payments on these accounts were made? Can you demonstrate that you make payments on your legitmate accounts in a different manner/method or from a different bank? Did you contact your attorney general's office to find out if they have anything else for iden
  12. @BitsyM Here is some info you may find useful. Although you won't have a jury trial, understanding what a jury must find in order to find for you helps you to craft your facts and proof. Stockmeyer, Norman Otto, General Principles of Contract Damages (2002). MICHIGAN LAW OF DAMAGES AND OTHER REMEDIES, Barbara A. Patek, Patrick McLain, Mark Granzotto, and Norman Otto Stockmeyer, eds., ICLE, 2002, Available at SSRN: https://ssrn.com/abstract=1733163 Chapter 13: General Principles of Contract Damages [1] 2. Pleadings and Proofs ยง13.14 Although mitigation is not among
  13. @Mhopeful Here is a link to the National Association of Consumer Advocates (NACA) members who are licensed to practice in Ohio. https://www.consumeradvocates.org/find-an-attorney?field_areas_of_practice_list_value=Debt+Collection&field_practice_states_value=OH