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Hey everyone first post been on the forum all night looking for an answer hopefully some one can help! Back ground: Being sued by lvnv OC credit one $1,000 In Arizona They have filled MSJ For breach of contract & account stated I have two questions main question 1). In my Arbitration agreement it says each party shall bear their own expenses then it say the arbitrator shall require you to pay us collection cost including attorney fees. As a result of your default (I can upload the page or be more clear on this if need just trying to keep it short) Does this mean that they attorney fees will be add on to judgment if I lose arbitration so debt $1k +$5k attorney fee I did read here somewhere that the total can't be more then the original debt is this true 2). The MJS is for a. breach of contract say that because I used the card I agree to the terms b. Theory of account stated basically I didn't contest the amount due My question is wouldn't this create two separate contracts on the same debt the first is a written contract SOL is 6yrs the second is stated SOL 3yrs and has passed Any thoughts on how to respond to this. Thanks in advance
I am getting sued by my garbage company (for my business). I'm hoping someone can help me understand if this termination clause from their contract will help my case. DEFAULT, TERMINATION. If, During the Term, either party shall be in breach of or default under any provision of this Agreement ("Default"), the other party may, at its option, (i)suspend its performance until such default is corrected and the non-defaulting party has been fully compensated for any loss resulting from such a fault, or (ii)terminate this Agreement, provided, however, that no termination shall be effective until the complaining party has given written notice of a Default to the other party and the other party has failed to cure such Default within ten (10) days of such notice (with respect to a failure to pay) or within thirty (30) days (with respect to all other breaches or defaults). In the event that Customer fails to pay Company or fails to perform any other obligation under this Agreement, Customer shall pay, in addition to the amounts due, any and all costs incurred by Company as a result of any referral by Company to an attorney. Notice of termination shall be in writing and sent by certified mail, postage prepaid, return receipt requested at the addresses set forth on the reverse side. Long story short, they terminated my service for non-payment. I wasn't paying them because they were missing pick ups and still charging me. They never notified me of the termination in writing as described above. They simply picked up the trash container and left. If this clause does help me what is my next step? Should I just go to court and argue it? Should I speak with the opposing council and ask for a copy of this termination letter? Thank you in advance for any assistance you can provide me with this matter.
I'm in Macomb County, Michigan, I'm being sued by Portfolio Recovery for the amount of $716.28. Summons and Complaint was issued 6/2/15. I answered their complaint, I mentioned that their affidavit was made more than ten days before the complaint was filed and I also stated in my Affirmative Defenses that I there is an Arbitration clause in the agreement (that I provided because Portfolio Rec doesn't have it) and that I seek to choose arbitration. I don't know how much weight Affirmative Defenses hold but the judge seemed to ignore it as it continued on to Pre-trial (Dec.3rd 2015). I then filed a Motion to Dismiss, or in the alternative, stay case and compel arbitration. However, I forgot when the pre-trial date was and submitted the motion only a few days before the pre-trial. The plaintiffs lawyer made very little attempt to negotiate a deal, instead she had a very rude and demeaning attitude, apparently she didn't even know that I filed for the motion (which I did send a copy to the plaintiffs law firm a few days before I even submitted it to the court) and that seemed to have made her angry or something. Nevertheless, at the pre-trial, the judge mentioned that he looked at my motion. The plaintiffs lawyer said that what I (the defendant) was doing is just common tactics to buy time and based on her experience I'm not going to file for arbitration. The judge asked her if she wanted to adjourn and she said no, he then denied the motion saying that we will see if he (The defendant) files for arbitration and if not then it will come back to court. That is where we stand now, the pre-trial was yesterday (Dec.3rd), and I'm pretty confused right now. I didn't expect the judge to dismiss my motion as the combination of their affidavit being expired and the arbitration clause in the agreement basically throws their argument out the window. My main questions and concerns are, how (at this point in the case) do I file for arbitration and who do I notify and how do I notify them? I've read many posts on how to initial arbitration but my situation seems a little different and I want to make sure I'm doing it correctly. Also, my concern is that if the plaintiffs lawyer send a summary disposition at this point, do I have to answer it or does that mean I am forfeiting my right to arbitration? Any help at all will be greatly appreciated, I'm really a tadpole in a lake when it comes to law, I'm just learning as I go basically. -- Abe