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Sgrady

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Everything posted by Sgrady

  1. it was the last payment they received and I will, trying to cover all my bases.
  2. Hello, is there legal precedent stating governing agreement is at the time of default?
  3. Thank you all, I filed today and will let you know what happens
  4. DEFENDANT OBJECTION TO PLAINTIFF’S MOTION TO COMPEL ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION NOW COMES Defendant, appearing Pro Se hereby moves this Honorable Court to dismiss Plaintiffs motion and states as follows: 1. On February 26, 2021, Defendant filed her Motion to Compel Arbitration with JAMS. 2. On March 22, 2021, Plaintiff counsel filed a response to the Defendant’s Motion, having no objections to the arbitration request, only requesting the Defendant initiate the arbitration case. 3. On March 22, 2021, the Defendant Motion to Motion to Compel Arbitration was granted. 4. On May 07, 2021, the Defendant submitted the required arbitration case request. 5. Both Parties appeared in court no May 24, 2021, wherein The Honorable Court had already decided the issue stating the order granting the Defendant’s motion to arbitration with JAMS would proceed. The Plaintiff’s motion was found to be untimely in the past, and still remains untimely. 6. The Plaintiff’s counsel also states in their motion that the agreement provided for arbitration with JAMS, at least prior to February 14, 2020. The last activity on the account was in December of 2019. There is no acceptance by the Defendant of any change in terms or new agreement, and that the agreement that was submitted with the original motion to compel is the governing agreement, since no newer agreement has been accepted. 7. The governing agreement that was submitted with the original motion to compel is the that was in effect at the time of default, which is prior to February 14, 2020. WHEREFORE, these premisses considered, Defendant prays that The Court Denies the denies the Plaintiff’s motion to compel arbitration before American Arbitration Association.
  5. here is a rough draft DEFENDANT OBJECTION TO PLAINTIFF’S MOTION ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION NOW COMES Defendant, appearing Pro Se hereby moves this Honorable Court to dismiss Plaintiffs motion and states as follows: 1. On February 26, 2021, Defendant filed her Motion to Compel Arbitration with JAMS. 2. On March 22, 2021, Plaintiff counsel filed a response to the Defendant’s Motion, having no objections to the arbitration request, only requesting the Defendant initiate the arbitration case. 3. On March 22, 2021, the Defendant Motion to Motion to Compel Arbitration was granted. 4. Both Parties appeared in court no May 24, 2021, wherein Plaintiff’s counsel was notified that there was a court order granted the Defendant’s motion and arbitration with JAMS would proceed. 5. Honorable Court has already decided the issue, as the Plaintiff’s counsel states in their motion and was found to be untimely in the past, and is still remains untimely. 6. The Plaintiff’s counsel also states in their motion that the agreement provided for arbitration with JAMS, at least prior to February 14, 2020. The last activity on the account was in December of 2019. There is no acceptance by the Defendant of any change in terms or new agreement, and that the agreement that was submitted with the original motion to compel is the governing agreement, since no newer agreement has been accepted. 7. The governing agreement that was submitted with the original motion to compel is the that was in effect at the time of default, which is prior to February 14, 2020. WHEREFORE, these premisses considered, Defendant prays that The Court Denies the denies the Plaintiff’s motion to compel arbitration before American Arbitration Association.
  6. thank you, I will be submitting to the court today, do you have or know where I can find an example of objection
  7. Yes, my MTC included the other agreement and Jams was stated within my MTC, which they received reviewed and responded with no objections
  8. Hello and thank you for any help!!! I received the complaint in February, I filed my answers and MTC within the 14 day time limit. A hearing was set to hear the MTC, however the plaintiff responded by not objecting only stating I had to file the arbitration request. The court granted my MTC and I submitted the required information to JAMS. We had another court date where I had to prove I open the JAMS case. The card was Discover, at this healing the judge gives the parties time to talk, while talking, the plaintiff said they were going to object and I asked if he was aware of the court order. He said the the agreement I file was wrong and the 2020 agreement is the correct one. I asked when was the last activity on the account he shows he in his paperwork from Discover that is was Dec 2019. We go before the judge and the plaintiff tries to objected saying that the AAA is the only association authorized under the card agreement. The judge asked he he was aware of the response that was submitted and the court order on March granting my motion. The judge then says we are not going to go back and was will proceed with JAMS, that was in May. The plaintiff has not responded to any of the email from JAMS or myself requesting they pay the fee. Finally last week the JAMS case manger sends a email saying if the fee is not paid by the 14 the case would be closed. The plaintiff response to the JAMS case manger saying the this is not the correct association. I request an extension with JAMS until the end of the July. the next day in the mail I receive a MTC arbitration with AAA. looking at the paper work they have removed the information showing the last activity on the account because the 2020 card agreement started February 14, 2020. This agreement is after the default, which would be January 2020 Please help me respond to their motion, I don't know if I should file a Motion to Dismiss With Prejudice and Sanction plaintiff or respond to their motion. Thank you again
  9. I have attached the files to help understand the case
  10. Can you help me with a motion to dismiss on the ground they school doesn't have the right to sue. The promissory note states ED= Dep of Education not the school and the rights sections "terms we, us, our" refer to the Dep of Education.
  11. it a private school, the sue is claiming I breach the student loan contract. But graduate student don't have an attendance requirement like ungrad. They are going to try and say I breach b/c of attendance. There no policy for me to have breached. I can't find the old terms of use that had the arbitration clause in it.
  12. Hello, I was served today for a 2014 debt from my old school because I did not withdraw in the proper manner (stop going to class) so the Unsub Stafford loan was returned to the Feds and the school ended up charging me full tuition for the courses. A copy of my prom note and account detail was submitted to the court. When the school sent the money back to the Fed this became a private loan between the school and I, I believe. Let me know if I'm wrong. The amount is 11K. I know the school had a arbitration clause in their terms of uses, I found it when this first started, however I cant find it anymore. Without that can I still do a MTC. Thank you
  13. Yes, it was included in my letter.
  14. You don't know me so you can't speak to what I limits I would use in the information I am posting online. I disputed incorrect information of my CR to the CRA's, TransUnion stated they verified the information. What other options do I have. I don't understand WHY you think from a couple of post you know me so well, but I can tell you. You don't and you are wrong.
  15. No, the letter did not include the name and address of that business.
  16. I told you what I believe and stated I MOV for three accounts. You took that and made an assumption the information being reported is accurate, I have not given enough data to draw that conclusion. I thought this forum was about asking question and getting help, I don't understand why your "Admirable" comment was necessary.
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