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Motion to Compel DENIED. Any ideas for what to do next???
marquez posted a topic in ArbitrationI filed a MTC requesting arbitration in a case with PRA. I am in Jefferson County. I filed my answer and MTC on time, and included the cc agreement (Wal-Mart/Synchrony). Today I got a notice that it was denied on Feb 24 and entered into court on 3-2, and the reason was "per JDR 318" which reads: "The Jefferson District Court Civil Division has jurisdiction over the following matters: A. Small Claims Complaints; B. Civil Complaints up to and including $4,000.00; C. Evictions (Forcible Entry & Detainer); D. Petitions for Emancipation by Minors; E. Petitions Authorizing or Prohibiting Cremation; F. Appellate Jurisdiction from Administrative Agencies, including: 1. Denial or Suspension of the Carry Concealed Deadly Weapon License; 2. Parking Tickets; and, G. All matters reserved pursuant to KRS 23A.100(3)." It seems to me that the court is saying that they have jurisdiction and that I do not have the right to arbitration unless a judge approves, but here is the cc agreement wording on arbitration: (a) "If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents and/or Wal-Mart Stores, Inc. if it relates to your account, except as noted below." (b) “We will not require you to arbitrate: (1) any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court; or (2) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate.” (c) “Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage or scope of this section or any part thereof (including, without limitation, the next paragraph of this section and/or this sentence). However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide.” I think it's a sneaky way for them to keep people from requesting arbitration and automatically getting it granted. I had no trouble when Discover sued me. I filed the same motion and it was dismissed with prejudice. I don't know what to do next. Does anyone have any suggestions??? The amount they're suing for is 1700 bucks. Ugh. I'm considering just filing bankruptcy. Maybe that's a better option? I got served with 2 more last week. One from Barclay's and another from Capital One. I'm really not sure if I'm up to this, but I was going to just take it one at a time and try to do my best to not give up. Any help would be VERY much appreciated.
Motion To Compel Arbitration was denied by Judge
FightTheCollectors posted a topic in ArbitrationI'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