Brotherskeeper

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Everything posted by Brotherskeeper

  1. Barclays agreed that you did in fact have the "right" not to pay the "remaining amount due" on the purchase. Why do you believe Barclays should have refunded the $19K you already paid? Is there another clause in this agreement that covers this? What were the dispute or refund terms of the purchase agreement between you and the merchant?
  2. The linked to threads above have descriptions of what occurred at the poster's pre-trial conference. These are usually quick. The judge wants to know how to schedule the process (discovery, pre-trial motions, etc.) up to trial on the court calendar, and if settlement between the parties may be possible. (IANAL) I would be prepared to discuss your plan to file a motion to compel arb. The judge may ask why you haven't done so before now since you filed your Answer back at the beginning of November. The judge is in charge of the proceeding. You speak to the judge, not the attorney, when the judge
  3. @jgnewbieThe answers to those questions are in the threads linked to in the posts above. Yes, I and others have indicated that you should have filed a MTC arb very soon after filing your Answer indicating you were using the agreement's arb provision as an affirmative defense. The burden of proof for an affirmative defense is on you, not on the plaintiff. This is also explained in the threads linked to above. Several of the threads above have drafts of all the documents you would need to submit to court and to the plaintiff. You will need to replace the specific details of your case and use the
  4. @jgnewbie The draft of your Answer with Affirmative Defenses including arbitration is dated Nov. 2, 2020. I don't know when you actually filed it with the court. It would have been prudent to have filed your motion to compel and scheduled a hearing for it by now. You will likely receive a motion for summary disposition very soon from Midland. You will have the added work load to file a response in opposition to plaintiff's summary disposition motion, in addition to your MTC papers.
  5. @jgnewbie Like other members here, I'm just a lowly volunteer with no legal background. I help as my time permits. I offer my layperson's perspective and may make suggestions on what I might do if I were in your shoes. I would always--always--verify for myself any advice received on this forum. As such, I try to show or provide links to where I get the information I share here so that it is easy to check for yourself. You are responsible for knowing and correctly using/citing all court rules, Michigan statutes, the FAA §§1-16 et seq., and any court rulings you use as authority or to support an
  6. @LaneBlane 👆 This is very informative. You've given some really great suggestions. Thank you!
  7. @tinyturtle As I mentioned, I have very limited information on what happens in arbitration. I am guessing that your initial prelim call will cover what both sides will need (scope of discovery, live witnesses, and thus the need for an in-person (or video or conference call equivalent) hearing to give the arbitrator an idea of the complexity of your case/claims and the timing that will be needed. Parties are free to settle at any time, so I can't imagine the arbitrator is going to block out days for you to work on a settlement. I would have an idea of what it will take for you to settle. I
  8. @jgnewbie This long thread by @LabLady contains valuable info and draft documents in case Midland decides to oppose your MTC. LabLady put in a lot of effort and fought every step of the way to a successful outcome.
  9. This thread has some helpful info and draft document examples, but the poster made a lot of careless mistakes that needed repeated corrections. Those mistakes and corrections are confusing to read. BitsyM is another Michigan poster who split up her case history into several threads. You can try to look up her threads from her 2 lawsuits in the search box. https://www.creditinfocenter.com/community/topic/331200-being-sued-by-cavalry-synchrony-bank-in-mi/#comments This Michigan thread by CandyCLC is an epic 15 pages long! This poor woman needed a lot of help and emotional suppo
  10. @jgnewbieDoes your copy of the Credit One Bank agreement have this paragraph? If so, I believe it is still the case that AAA will decline to accept a claim with Midland as the Respondent without your obtaining the judge's order on your MTC first. If this is still current info, Midland is not in compliance with AAA's requirements. "Initiation of Arbitration: The arbitration shall be administered by the American Arbitration Association (“AAA”) before a single arbitrator under the AAA’s Consumer Arbitration Rules, or by a mutually agreeable administrator, before a single arbitrator, as mo
  11. If you did not have the option to arbitrate, then I'd suggest you file an amended answer with an affidavit denying the account stated. (IANAL) In Michigan, the "motion to compel private/contractual arbitration and dismiss, or in the alternative, stay the case pending arbitration" is brought under a summary disposition ground MCR 2.116(C)(7) and the FAA as authority. (I am not a lawyer!) An otherwise properly drafted, valid but "stale affidavit" (not signed within 10 days of filing per MCL 600.2145), is not an affirmative defense for you. It doesn't mean the affidavit is no goo
  12. Forget perfection. Excellence will do. In fact, with Midland's often sloppy and overworked inhouse team, "good enough" will likely suffice. No guarantee, though. This Midland team of lawyers has seen this forum's motion to compel arb template many times in the past few years. They may try to argue against it or not, and the argument is usually rather weak. Someitmes they dismiss without prejudice; sometimes, if the MTC is granted, they negotiate a mutual walkaway. Again, no guarantee as we haven't seen any of your documents and can't know your judge.
  13. Do the arbitration provisions in any of these agreements you've checked differ in any way? In your Answer's Affirmative Defense section, exactly how did you refer to the Credit One Bank card agreement you attached as your exhibit? Did you state how you got a copy of this agreement? Did you state that it was a "correct or true copy" attached as Exhibit ___? Does the APR in your attached agreement exhibit match the the interest rate on any monthly statement Midland submitted to the court?
  14. What credit card is this? Where did you obtain a copy of the cardmember agreement you attached as an exhibit? Are you certain that the agreement you submitted is the correct agreement for the type of card you had and is from the time period when your account was still in good standing? Are the lawyers representing plaintiff the Midand in-house lawyers from Warren? Have you read any of the Michigan threads with sample motions to compel arbitration, motion affidavits, notice and hearing form, proposed judge's order form, certificate of service, etc. on this site?
  15. @texasrocker may be able to advise. http://www.txcourts.gov/programs-services/self-help/self-represented-litigants/self-help-resources/ "NOTICE: This Pro Se Appellant Guide was published in 2014; therefore, it does not reference the most current rules and procedures promulgated by the Supreme Court of Texas, including the rules for proceeding in this court without prepayment of fees and costs. This court utilizes the current version of those rules and procedures, which can be accessed at General Rules & Standards located under the Practice Before the Court menu."
  16. Good to know. They did not argue in their MSJ that your sworn copy of the Synchrony agreement is not the correct one for the account, either. Your copy of the Synchrony agreement as the applicable agreement governing the account is undisputed.
  17. @KiCkiNGChiCken Did PRA attach a copy of the Synchrony agreement as an exhibit to the complaint for their breach of contract claim? If not, why not? Do your rules require the contract to be attached to the complaint in a breach of contract cause of action or a reason given for why it isn't? My state's rules do. You attached a copy of a Synchrony agreement to your answer's affirmative defense section as Exhibit A. You also submitted a notarized affidavit with it. The MSJ refers repeatedly to the "terms of the agreement" as the basis of its claim, and that you breached those
  18. Did you check on this to be certain that your motion was properly filed with the court? In some states, the rules for motions require you to schedule the hearing date with the clerk and send a notice of the hearing date, time and place to the opposing side. In other states, the judge decides if s/he will rule on the motion papers with or without an oral argument. You need to know that your motion is properly before the court. If it isn't, PRA may not have had to address the arbitration issue in its MSJ or file an opposition response to your motion to compel.
  19. Is the February 1, 2021 court date a scheduled hearing on your motion to compel? Do your court rules require you to schedule a hearing on your motion in order for it to be ruled on? And provide a notice of the hearing date and time to the opposing side? Did PRA file a response in opposition to your motion to compel arbitration or acknowledge it in any way in PRA's motion for summary judgment?
  20. @MaeghanF Does the account agreement you submitted with your motion to compel state that the arbitration provision is governed by the FAA? The Federal Arbitration Act (FAA) on appeals: 9 U.S.C. § 16. §16. Appeals (a) An appeal may be taken from— (1) an order— (A) refusing a stay of any action under section 3 of this title, (B) denying a petition under section 4 of this title to order arbitration to proceed, (C) denying an application under section 206 of this title to compel arbitration, (D) confirming or denying confirmation of an award or partial a
  21. Consumer Filing Fee: $200 (nonrefundable) If you have court filing fees for your motion to compel arbitration in your court, you have to factor in that cost as well. Your court rules may have timing requirements in order to avoid waiver of your right to elect arbitration, like asserting arb in your answer as an affirmative defense and/or not engaging in exchange of discovery requests or using a court process like having filed a prior motion to dismiss. The AAA consumer filing fee of $200 is paid after you have a court order to compel arb in hand. If your judge grants your motion to compel