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  1. Okay. I am going to try and explain what has happened and slow down and breath so that I can get some help from you wonderful people. I will give those of you who haven't read anything the most pertinent facts. Was sued in Sept. 2013. Served and they are saying Breach of Contract. It's for Dell. total now with interest they are stating $3600. After much research I decided to Demand Arbitration. Well, I didn't do it right. I did a MTC and Dismiss. I did not send in my Demand to Jams. I answered the Summons and went to Pre Trial hearing. I had asked for a later date then originally given and got it. On Pre-trial day we both showed up. Here's how that went: The Justice of the Peace basically went into this long song and dance about how neither one of us wanted to spend anymore time which amounts to money in his court and to go to a room and see if we could come to an agreement. He then went on to state that he did not believe it was his obligation to Compel my motion for Arbitration... He said that he would issue a Stay if it commenced. I spoke with the Attorney from Asset and she gave me the Disclosure documents and said they had been mailed. I never received them. I offered to pay her only $250 just to make it go away in monthly payments. They later sent a letter asking for $1000. Meanwhile I did another MTC and Stay instead of Dismiss and I filled the Demand for Arbitration with JAMS. I went to the court to file copies of everything and I was told by the clerk that the case had been vacated. Oh, should mention. I had the paperwork to file my copies of the Demand for Arbitration with me but the Attorney told me that I could not file it until I had a date stamp on it from the court. A bold lie. I had a dead car battery and had to call the court and tell them I was 3 minutes out. That's why I didn't file it before I went into the court. I was so worried they would say I hadn't shown and it would be over. Silly me. They said neither one of us showed as it was. I should state. I used a different Agreement and I did an Affidavit and had it notarized as the correct one and sent that to the Attorney and JAMS. I had also twice before sent letters to Asset Demanding Arbitration without the JAMS paperwork and CMRR both of those. Anyways. This time I filled out the correct JAMS paperwork, attached all the copies and requested a fee waiver and to this date still they have not responded to JAMS. I sent in a check for $25 told JAMS I would pay more if they needed it but she told me they didn't need anything from me as the Agreement I sent in stated that they would pay all of it. NOTE, my first MTC and Dismiss had a different Agreement. It was one that was before they became WeBbank, the new one was from 2010 when I made my last payment. I also, now think that I did not file my Disclosure that day. I was so confused when I left and had all my paperwork that I was going to file with the court in the same file. Yikes, what to do about that. So, here is what I have been told to do. File a Motion to Reclaim the MTC Arbitration and Stay, along with all my copies. I also want to do a Motion to Strike Affidavit. I got another Affidavit included with the MSJ it's an Affidavit of Sale of Accounts by Debt Seller it's signed by someone from Dell, says she is the /senior recovery Manager. It goes on to say other things. I am uploading it. It was not included with their original Discovery documents. And at the end of the page there is a Certificate of Conformity that they provided with an Affidavit of Sale of Account by Debt Seller it's signed by someone from Dell, says she is the /Senior Recovery Manager. It goes on to say other things, specifically that they had previously bought the account from WebBank (which they spell wrong) on May 30, 2012. This makes no sense. This was not submitted with the Discovery doc's they gave me. The Bill of Sale that I have that came with the Discovery doc's says that Cit Bank grants all right to WEBBANK, (again, incorrect spelling, the Agreement is WebBank, Asset never provided me with an Agreement), and that date is November 2009. So, from 2/2009 it went from Cit Bank, (account was current then), to WEBBANK, 9/2009, went BACK TO Dell Financial in 5/2012 just so they could turn around and sell a bunch of computer generated documents to Asset... The date they say they got the account was June 4, 2012. Something is very fishy here! Actually one document says that it was May 29 and another "sworn affidavit" says it was May 30, 2012. So who is "swearing" incorrectly!!! One more notable thing. Back when they served the Summons on me I did a search for Heather Andus and she was no where to be found. Now suddenly she is on LinkedIn and it shows she has worked for Asset for 5.5 years. I just finished going through all my documents. I had a Home Invasion in 2/2011. It was awful. But not only was it emotionally awful, I lost my computers and my files got ripped, dumped and some lost. For the last 4 hours I have been going through them. I found a collection notice from a completely different company delivered to me here in AZ with a date of January 17, 2011 on it. No wonder I missed it it was dated about two weeks prior to the Home Invasion. I also have discrepancies on one of the computer generated list of charges. One list shows three purchases that the other one doesn't.... Okay, so help me out please. I need to 1. file the answer to MSJ. I need to do a Motion to Strike the Affidavits. Reclaim my MTC Abritration and Stay. Not sure how to handle the not giving them a copy of Discovery but since I have new things I have found sense then, figure out how to write it up. I also found old back up copies of my return auth on two computers. I want to do some counter claims. They have caused me to loose one job and so many hours of sleep, stress, worry. And one other very important factor. They have an address in TX, Laredo. On my credit report I just noticed it too but it says on my credit report that the address pertains to a business. I have never lived in TX in my life. And last but not least Asset checked my credit on 1/31/2013 under Fulton, Friedman the Attorney. Then again on 6/05/2013. Why didn't they contact me and if they didn't get the account til June what were they doing checking my credit in Jan???? Asset Reported it and has checked on another credit reporting agency twice. I disputed it but the Credit Reporting Agency did not take it off. I also disputed Dell and they did remove that. The account is also listed as an Open account under type if that matters. I have been as thorough as I could be. Feel free to ask any questions and or point out any of my mistakes and all help is more then welcome! cut&pastemsj.docx One last thing. I went with Arbitration because everyone said that they would have to pay suck a huge amount of money and they never would. Now, email again today from JAMS, they are only asking them for $800. Oh, one more thing. They spell my name wrong in the MSJ. In AZ rules of Procedure it says that they have to spell your name correctly.