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Will Goldman Sachs follow me to arbitration for $8k ? I have filed my answer with court denying all. Sent motion for discovery to Zwicker, 2 days later I received a Plaintiff's Initial Disclosures. They listed (6) employees of GS with the title of Legal Operations Analyst. Do I need to respond to this? Or is it for my records? I haven't heard anything on the discovery motion yet, is this disclosure in response to my discovery request? Do I wait for the discovery, or do I submit my MTC Arbitration and dismiss?

Hello all, I have a few questions and appreciate any help! In November of 2020, I was sued by Midland Credit Management for unpaid debt of under $2500. This was a debt from PayPal Credit. I used a company called SoloSuit to help prepare a response. There was no response from MCM and then in late September of 2021, the court filed a motion to dismiss. MCM filed a request for good cause which the judge granted and a request for mediation. I now have a court ordered mediation which MCM is supposed to arrange. My questions - Will I be contacted regarding the mediation date by the court or by MCM? They keep calling me still and I do not answer. I know because I am in Florida, I have to file an MTC. Did I waive my rights to do this by filing an answer? Can anyone give me guidance on what I should say during meditation? If any additional information is needed, please let me know. Thank you all so much!

Hello Fellow Members! I need a little help. I am being sued by of course, Midland! As advised on a previous thread, I plan to file a MTC arbitration. By reading the attached agreement, can anyone interpret whether or not I can file a MTC/Arbitration in Georgia? The summons/claim was issued without previous notice and was filed at the Magistrate Courts in Gwinnett County. I currently have 16 days left to file an answer. I was advised to file a MTC after I file my answer. However I do not know the steps to take exactly. Such as, should I file an answer at the same time? The attached arbitration agreement is too complex for me to interpret. Your help is much appreciated. Thanking you in advance. ARBITRATION FOR CREDIT ONE BANK.pdf

Wrong forum sorry

Good evening room, Thank you for the amazing amount of assistance and advice on these boards. I have spent hours over the past few days catching up. I was served Thursday evening by Appling County's (Georgia) finest. It is similar in content to most posts regarding velocity & lendingclub. Suite on contract Representing counsel is Roy Reagin of Ragan & Ragan, Duluth GA Liability of $15,1541 + $1,991 Copy of lending contract with arbitration clause using JAMS or AAA Multiple purchases of debt & spreadsheet with payments Nowhere near SOL I am replying “Deny due to Lack of Subject Matter Jurisdiction – The underlying contract contains a private arbitration clause which the Defendant has elected to exercise. Therefore, This Court does not have jurisdiction to hear this matter”. So the kicker here is that it is in Superior court. I used the online form recommended here and I found my county but the form is for magistrate. Don't think it will swing. I called the court and the only answer I received is that my attorney will have to file my reply. I pulled the rules for Georgia Superior court and under filing/replying is below: Rule 6. MOTIONS IN CIVIL ACTIONS Rule 6.1. Filing In civil actions every motion made prior to trial, except those consented to by all parties, when filed shall include or be accompanied by citations of supporting authorities and, where allegations of unstipulated fact are relied upon, supporting affidavits, or citations to evidentiary materials of record. In circuits utilizing an individual assignment system, the clerk shall promptly upon filing furnish a copy provided by the attorney of such motions and related materials to the judge. Rule 6.2. Reply (Motions in Civil Actions) Unless otherwise ordered by the judge or as provided by law, each party opposing a motion shall serve and file a response, reply memorandum, affidavits, or other responsive material not later than 30 days after service of the motion. Such response shall include or be accompanied by citations of supporting authorities and, where allegations of unstipulated facts are relied upon, supporting affidavits or citations to evidentiary materials of record. [In State Court, see State Court Rule 6.2.] Amended effective May 5, 2011; May 23, 2013. So from my simple understanding I can file on my own. I just need to follow @firsthardcheese 's direction in the arbitration overview and strategy pinned post. Reply Deny due to Lack of Subject Matter Jurisdiction – The underlying contract contains a private arbitration clause which the Defendant has elected to exercise. Therefore, This Court does not have jurisdiction to hear this matter Have MTC (including the statement that "the Loan Agreement I am submitting is a "true and correct copy of the contract that governs the account from which Plaintiff's allegations arise")(3 copies) Hand to clerk and ask to add to my case file stamp all three copies I send one to opposing counsel Wait for hearing date & stand firm Am I missing anything? Again, I sincerely appreciate all of the advice and case history. Have a good evening, bk

Hey everyone! I came across this website in my googles and have spent the past 2 days reading up on A LOT in this forum, for which I am eternally grateful for! All the knowledge and help that have been provided has been weirdly comforting to me, knowing I'm not the only one going through this, so thank you all so much! Despite that though, I'm still feeling very anxious, nervous, and uncertain about this whole process, it's the first time I’ve ever had to go through this, so any guidance and advice on how to proceed would be tremendously appreciated. I've filled out & included the questionnaire below but am including my general inquiries here to get right down to it. So, first things first, I wasn't personally served with the summons, my father received the summons and complaint for the suit since I wasn't home at the time, so I believe that means I have 30 days to file an answer. I set an appointment to file my answer for tomorrow morning but I will be pushing that back to give myself more time to be more informed and see if I should file the motion to compel in order to begin the arbitration process instead. I was using LawHelpNY to formulate my answer and, during the walkthrough, was asked about how I was served and, apparently, I was supposed to receive a mailed copy of the summons in the mail since it wasn't given to me directly, but haven't received anything like that. It said I wasn't served properly as a result, so, just for clarification, does that mean I can claim I wasn't served correctly in my answer? Would it be correct to claim that even? Aside from that, I wanted some insight into what else to include in my answer. I wonder if a straight denial is out the question, or should I dispute specific allegations within the complaint? I can claim three things to be true as far as the allegations are considered: my name and address are correct, I recognize Lending Club as the original creditor, and the transaction took place in NY. So, if I proceed to claim lack of knowledge for the other allegations, do I have to defend why that is? For the most part, I am not sure what the amount left to be paid was for the loan, nor do I recall the account number, and I've seen that I could claim lack of standing because I've never directly done business with Velocity Investments themselves. Is that the case here? Could I claim lack of standing with Velocity? That's where my confusion lies with this truth vs. denial business. Any light that can be shed in how I can formulate my answer would be tremendous help for me, I would so appreciate it. I just don't want to screw anything up and get ahead of myself here. As for arbitration, is it really the best route to take? (I pasted the arbitration agreement I could dig from LC below for reference.) It's incredibly intimidating to me, so I'm wondering, if I go down this road, do I have to hire a lawyer? I'm unrepresented at this point in time, but I've consulted 2 different lawyers, but they told me what I already know through my google searching, so not sure if I should really bother with one at this point. Of course, it'll be beneficial but I'm unemployed at the moment and strapped for cash, which is why I'm even considering arbitration to begin with because I don't think I can settle, so I really don't have the means for a lawyer right now. Also, would it be worth to try to negotiate and reach out to them to see if something can be done? Will that need to happen before I file my answer and/or MTC? And any guidance as to what to include in my MTC and how to draft it (as per NY rules) would mean the world to me! I'm incredibly sorry for the long post, but I wanted to be thorough here, so, if you made it this far, you're a saint, thank you! I appreciate any and all responses, thanks for taking the time to help me out! I appreciate it so much! ___________________________________________________________________ 1. Who is the named plaintiff in the suit? Velocity Investments, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Malen & Associates 3. How much are you being sued for? $7600 4. Who is the original creditor? (if not the Plaintiff) Lending Club 5. How do you know you are being sued? (You were served, right?) My father gave me the summons that was delivered. 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None that I'm aware of 9. What state and county do you live in? NY, Orange County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) August 2018 11. When did you open the account (looking to establish what card agreement may be applicable)? July 2017 12. What is the SOL on the debt? To find out: 6 years 13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). It just says Pre-RJI on the court site 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Through a credit repair agency earlier this year, yes 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No, not personally, but I don't know if the credit repair agency I worked with did this. 16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 30 days, included copy of S+C below; No questionnaire included. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing. 18. How did you find out about this site? Google ------- Arbitration Agreement: 21. Arbitration. RESOLUTION OF DISPUTES: I HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS MY RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND ME. I UNDERSTAND THAT I HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN PARAGRAPH (b) BELOW. If you are a "Covered Borrower" as defined by the Military Lending Act (32 CFR §232, as amended from time to time) at the time of entering into this Agreement, this section 21 Arbitration is not applicable, you do not need to opt out of or take any action to ensure inapplicability. a. Either party to this Agreement, or any subsequent holder, may, at its sole election, require that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this section 21 (the "Arbitration Provision"), unless you opt out as provided in section 21(b) below. As used in this Arbitration Provision, "Claim" shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us and/or any subsequent holder (or persons claiming through or connected with us and/or the subsequent holders), on the other hand, relating to or arising out of this Agreement, any Loan Agreement and Promissory Note(s), the Site, and/or the activities or relationships that involve, lead to, or result from any of the foregoing, including (except to the extent provided otherwise in the last sentence of section 21(f) below) the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counterclaims, cross-claims, third-party claims, or otherwise. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable. b. You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt out notice to WebBank, c/o Lending Club Corporation, 71 Stevenson St., Suite 300, San Francisco CA, 94105, Attention: Legal Department, which is received at the specified address within 30 days of the date of your electronic acceptance of the terms of this Agreement. The opt out notice must clearly state that you are rejecting arbitration; identify the Agreement to which it applies by date; provide your name, address, and social security number; and be signed by you. You may send an opt out notice in any manner you see fit as long as it is received at the specified address within the specified time. No other methods can be used to opt out of this Arbitration Provision. If the opt out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on your behalf. c. If a Claim arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you may submit Claims by sending an email to customeradvocacy@lendingclub.com at any time, or by calling (888) 596-3157 from Mon-Fri 6:00 AM to 5:00 PM PT and Sat 8:00 AM to 5:00 PM PT. The party initiating arbitration shall do so with the American Arbitration Association (the "AAA") or Judicial Alternatives and Mediation Services ("JAMS"). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may call 1(800) 778-7879 or visit the AAA’s web site at: www.adr.org. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may call 1(800) 352-5267 or visit their web site at: www.jamsadr.com. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. d. If we (or the subsequent holder) elect arbitration, we (or the subsequent holder, as the case may be) shall pay all the administrator’s filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator’s rules. We (or the subsequent holder, as the case may be) shall pay the administrator’s hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator’s rules or applicable law require otherwise, or you request that we (or the subsequent holder) pay them and we agree (or the subsequent holder agrees) to do so. Each party shall bear the expense of its own attorneys’ fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein. e. Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator’s rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act ("FAA"), and may be entered as a judgment in any court of competent jurisdiction. f. We agree not to invoke our right to arbitrate an individual Claim you may bring in Small Claims Court or an equivalent court, if any, so long as the Claim is pending only in that court. NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this section 21(f), and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this section 21(f) shall be determined exclusively by a court and not by the administrator or any arbitrator. g. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the FAA. The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information. h. This Arbitration Provision shall survive (i) suspension, termination, revocation, closure, or amendments to this Agreement and the relationship of the parties and/or Lending Club; (ii) the bankruptcy or insolvency of any party or other person; and (iii) any transfer of any loan or Loan Agreement or Promissory Note(s) or any other promissory note(s) which you owe, or any amounts owed on such loans or notes, to any other person or entity. If any portion of this Arbitration Provision other than section 21(f) is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in section 21(f) are finally adjudicated pursuant to the last sentence of section 21(f) to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision. THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY. S+C (Velocity)_Redacted.pdf

Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Gordon, Aylworth & Tami, P.C. 3. How much are you being sued for? $1,1XX.XX 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank/Amazon 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? I believe so 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Nothing that i remember 9. What state and county do you live in? Polk County, Oregon 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Sometime in 2015 11. When did you open the account (looking to establish what card agreement may be applicable)? Sometime in 2015 12. What is the SOL on the debt? Oregon says 6 years but these cards were issued in Puerto Rico which i believe is 3 years. 13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Open, MTC Filed, hearing for motion and hearing for status check scheduled. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency? No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No 16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Breach of Contract 1. Defendant, an individual residing in Polk County Oregon entered into a contract with Synchrony Bank/Amazon.com for a credit account. The credit account was issued to Defendant with the account number ********9315. 2. Synchrony Bank/Amazon.com supplied the credit account to Defendant subject to an agreement to repay all amounts charged to the account plus all associated costs and fees. 3. Defendant used the credit account and became indebted to Synchrony Bank/Amazon.com. 4. Synchrony Bank/Amazon.com performed its obligations under the terms of contract. 5. Defendant breached the contract by failing to make payments as agreed. No payments were made on the account. 6.. As a result of Defendants failure to pay, Defendants credit account was charged off for delinquency on Feb 3, 2016. 7. As of the date of the charge off, the balance due on Defendants account was $1,1xx.xx. Additional information regarding the account can be found on the Consumer Debt Disclosure form, which is attached hereto and by this reference incorporated herein. 8.Plaintiff, for good and valuable consideration, purchased Defendants Synchrony Bank/Amazon.com credit account and contract and all of the associated rights thereunder on or about February 27, 2017. 9. As a result of Defendants breach of contract, Defendant is indebted to Plaintiff in the sum of $1,1xx.xx. Plaintiff also seeks recovery of fees, costs and disbursements that are permitted by law. These fees, costs and disbursements may include, but are not limited to, those permitted by OCRP 68, such as costs of filing and service, as well as any other statutorily permitted cost, fee or disbursement which may be awarded to a prevailing party in this action. At this stage of the litigation, it is impossible to itemize these costs further. Plaintiff also requests post-judgement interest on the full balance of the judgement at the statutory rate of 9%. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Only the complaint and a Consumer debt collection disclosure which has marked that i made a payment but under it states that no payments were made. I went through the mandatory arbitration of Oregon, which was really one sided. They sent in some credit card charge statements, a bill of sale from Synchrony Bank with no personal info, and a paper with my info printed from Synchrony Bank records. Filed a Trial De Novo afterwards and now i have a hearing date for the motion, which im waiting to get in the mail, and a status check hearing date which i got today in the mail. The first time they sued me for over $2k and they ended up dismissing without prejudice once i filed the MTC, not this time. Also as soon as i filed my answer i had filed an MTC but i believe the clerk made a mistake and filed it under a motion for discovery so i re filed the MTC together with the Trial de Novo last week and sent the attorneys and Midland a copy.

At the end of Fall 2019 I was mailed a collection notice from LVNV Funding. The original creditor was Synchrony Care Credit, the amount $1,200, within SOL I denied debt and requested verification/validation. Within a couple of days, I received a verification packet showing the transfer of debt to LVNV funding, Statements showing a balance for 1 year (no charges/balance only stmts ), and a CareCredit Card agreement. The CareCredit card agreement lacked much information (APR, DATE, NAME, etc.), but it did have an arbitration clause. A few days after receiving the packet, I was sent a letter of intent to sue from LVNV. I contacted the credit bureaus and disputed a Synchrony Care Credit trade line and a new LVNV collection. I knew some information they reported/changed to be factually incorrect. A month later I was served in person. I’m in California. I Scheduled an MTC hearing 45 days out, filed MTC, memorandum of points and authorities (included copy of Care credit agreement they sent), Order, and had plaintiff served. I filed POS as well. This week (29 days before hearing) I was served via USPS a request for documents, request for Admissions, and Special interrogatories. The date to respond timely to them (30 plus 5 days) falls exactly on the date of the MTC hearing. However, the date on the “request for documents” has a date of 2 weeks after the hearing. Here’s my question. Should I respond prior to the hearing? I can prep the docs to send at any time, but am considering having them served via mail the same day of the hearing, depending on the ruling. I could answer “ Objection, defendant has exercised her right to utilize arbitration as the forum to resolve plaintiffs claims, and responding to this discovery request may constitute a waiver of that right (thankyou @Harry Seaward for this from another post). “ VS “objection, defendants’ motion to compel arbitration was granted and the scope of discovery is to be determined through arbitration (not sure if this is phrased correctly) .” In the event my motion is denied, I can serve the first response while filing an appeal with the court the same day of hearing. Either way, I will bring a copy to the hearing in case they show up and it gets brought up. Is my objection how I should respond to every question on all three documents... request for Admissions, Special interrogatories and request for documents? I’ve attached a redacted copy of questions for reference. Ive read through these forums and don’t have a clear picture on what the motion hearing will look like...if the judge will ask me about the case law I used on my MTC or if the other side will show up and what to expect/prep for if they do. Any advice/guidance would help. Thank you for your response. This forum helped so much with my MTC and I appreciate any advice. Question from LVNV.pdf

Hey y’all. This isn’t my first time getting sued by a JDB, but it is only my second so my goal is to be more knowledgeable and competent this go ‘round. I aim to heavily document this case in hopes of being a resource to my future self and others in the SE Tennessee area (since General Sessions Court does things a bit differently here.) My previous case (nearly a year ago) was dismissed without prejudice, largely based on the steps I’ll detail below and one silly mistake you can read about in my post history. As you know, IANAL. I also don't pretend to know a damn thing outside of what I've researched and read from the Top Community Contributors here @fisthardcheese @MikeB35 @Goody_Ouchless @BV80 @Brotherskeeper @Clydesmom @Harry Seaward - forever grateful for your advice, good people! I'm posting this for others, like me, who couldn't figure out where the heck to even start. Let's git it. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: CURRENT SUIT DETAILS: 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates, LLC 2. What is the name of the law firm handling the suit? Weber & Olcese, PLC 3. How much are you being sued for? $1200 4. Who is the original creditor? (If not the Plaintiff) Synchrony Bank (Care Credit) 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door, etc.) Served 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Nothing - other than a DV request (8 months ago) 9. What state and county do you live in? Hamilton County, TN 10. When is the last time you paid on this account? (Looking to establish if you are outside SOL) 02/2016 11. When did you open the account (Looking to establish what card agreement may be applicable) 10/2014 12. What is the SOL on the debt? 6 years 13. What is the status of your case? Suit served? Motions filed? Served four days ago. My Sworn Denial (TN's Answer), MTC (with Affidavit, Proposed Order, and Card Agreement) are ready to be filed within the next few days 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Yes, I requested DV when they first started mailing letters requesting payment (8 months ago). They responded in a letter with their Disputes Department phone number and instructions to call if I want to receive a payment history. Their summary of information shown below that consisted of my full name, last 4 digits of SSN, and date the account opened 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. An Affidavit from PRA’s Custodian of Records and a table of information containing the following: Account Number, Record Type, Customer Type, Name, Account Address, Home Phone, Birth Date, Loan Type, Charge Off Reason Code, Account Status, Receipt Date, Contract Date, Charge Off Date, Last Payment Date, Charge Off Amount, Accrued Interest, Current Balance, Net Principal, and Net Interest. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: STEPS: This outline is based on my experiences and research. Don't hesitate to add any helpful comments or corrections you see fit. I will revise it accordingly. These are the steps I personally will be taking now and in the future. I'm posting this because my last lawsuit took me way too long to figure out the key differences between TN's process and majority of the cases being discussed here. Plus, I understand lists better and you might, too. All documents mentioned will be attached to this post. If you're reading this for guidance, make sure to read @fisthardcheese Arbitration Overview first for a better understanding of arbitration as a whole. STEP 1: GET SERVED STEP 2: ANSWER THE SUMMONS (MOST STATES) STEP 2: FILE SWORN DENIAL (TN) Download Sworn Denial and fill out appropriately. The deadline is typically 30 days. Make (3) copies. File original with court. If your MTC is ready (Step 3), you may file at the same time. Mail copy (CMRRR) to DBA's attorney. Store third copy for your records. STEP 3: FILE MOTION TO COMPEL (MTC) ARBITRATION Write MTC according to local court guidelines. Reference terms of arbitration in Card Agreement. Include Affidavit that testifies that the included Card Agreement is a "true and correct copy of the contract that governs the account from which Plaintiff's allegations arise." Include entire Card Agreement from date card was active. (Find yours here) Include Proposed Order to make the judge's job easier. Notarize Affidavit. Make (3) copies. File original with court. Set hearing date for MTC. Mail copy (CMRRR) to DBA's attorney. STEP 4: FILE ARBITRATION DEMAND LETTER Download Demand for Arbitration form and fill out appropriately. (AAA or JAMS, whichever is stipulated in your Card Agreement.) Include a Certificate of Service with the forms. If Card Agreement states that "they" will pay for filing fee, include a cover letter stating that per the agreement you are asking the company to forward the consumer filing fee directly to AAA/JAMS. Make (3) copies. If Judge grants MTC, have Demand Form ready to file immediately. Mail Demand (CMRRR) to AAA/JAMS and DBA's attorney on the same date. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: QUESTIONS: Q1. Are my documents satisfactory? I've attached the required paperwork in hopes of getting the community's feedback before I submit them. Please let me know if anything should be revised, worded better, or formatted differently. Q2. What does the following mean for my case and MTC? I am unsure whether I should/must include this in my MTC. On Page 3 of the Card Agreement, under Resolving a Dispute with Arbitration, the clause states: 1. 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 providers that accept the card or program sponsors if it relates to your account, except as noted below. 2. We will not require you to arbitrate: (1) any individual case in small claims court, etc; 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. 3. 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. MTC DRAFT.pdf AFFIDAVIT DRAFT.pdf PROPOSED ORDER DRAFT.pdf Synchrony Bank CareCredit Agreement 2015.pdf

Portfolio Recovery Associates in Dallas Texas, suing on debt from WebBank (Dell Preferred Account). Suit is in Johnson County Precinct 2, and attny is from Rausch Sturm. Amount is for $2,430 for debt less than 3 years old. I was served yesterday 9.17.19 at 8:00 pm Suing for breach of contract seeking damages for full amount I forget what all else I need to do. I will attach copies of the suit, and my documents for review. This will include a copy of the debt agreement. Here's my plan, based upon my reading and research on this site: 1. Initiate a JAMS claim, and notify the Plaintiff of my election of an arbitration. I have attached copies of what I'm sending) This includes a cover letter, the demand for arbitration filled out, copies of the agreement, and a notification that the Plaintiff is responsible for all fees. The letter to the Plaintiff states arbitration, and I will include a copy of the the demand for arbitration. 2. When my certified letter is confirmed received, I will file my answer with the court (also attached) that contains both a motion to compel arbitration and a general denial of the points brought forward on the suit. This includes sending a certified copy of the answer and MTC to the Plaintiff and Attny. Once this is done I think I just sit back and wait for them to withdraw the suit? How do my documents look? I understand there's a chance they will allow this to continue, and in which event JAMS will require a complaint. I am building that as we speak, but I'm hoping that they don't make it that far. I don't see them spending what JAMS will cost to secure a $2,400 debt that they probably spent less than $200 on. ADDITIONALLY, I've seen several posts making an affidavit and exhibit of the original credit agreement. Is this a good idea? Should I include that in the MTC answer? Or is my citing of it in the answer enough? Thoughts, corrections, comments, concerns? thanks so much 20190918_130028.heic SuitAnswerPublishable.docx NoticeOfMTCPublishable.docx DPA_Terms_Conditions.pdf 20190918_130028.heic 20190918_130036.heic 20190918_130042.heic

I am filing a MTC Cavalry/Citi. I had a MTC granted by a judge in my circuit in another case. Question: Can I cite my previous case to bolster my MTC in this case?

I'm having a hard time finding out how to file an MTC in Kentucky.

I was served last week by Portfolio Recovery/Synchrony, in Texas. I have completed my answer to file next week. I am going to submit my MTC as well. The link to my original post is at the end of this post. Thank you to everyone who will take time to read and respond. I am at the point of pulling my hair out. In the SAMPLE MTC, under #2 it claims I will have already sent a Notice of Arbitration Election to PRA/Lawyer before I file my MTC. I have found a NOTICE OF ARBITRATION ELECTION (provided below) For those who have used arbitration is this the steps you have taken? In most of the post I have read I have not read anything about anyone actually sending a Notice of Arbitration Election prior to filing an answer and the MTC. I just want to make sure I am doing this right. I have to give it 100% to fight this and I don't have room to mess it up. Also, do I wait until arbitration is granted to request they pay all fees? ------------------------------------------------------ Sample MTC (Note that is Sample is to show you an idea of what an MTC should look like. Never Copy/Paste this directly into your motion. Adding case law from your own state is a good idea) MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND TO STAY PROCEEDINGS PENDING ARBITRATION NOW COMES Defendant, appearing Pro Se for its Motion to Compel Private Contractual Arbitration and as grounds thereto states the following: 1. That on or about ___________, 2011, Plaintiff filed its Complaint against Defendant. 2. Defendant sent a letter via certified mail to Plaintiff's attorney on ____________, 2011, electing arbitration with JAMS and requesting dismissal of this case (see Exhibit A, attached). ----------------------------------------------------------- NOTICE OF ARBITRATION ELECTION Pursuant to Capital One cardholder agreement, I ELECT arbitration via JAMS to resolve all of our disputes. As per the agreement, "If you or we elect arbitration of a claim, neither you nor we will have the right to pursue that claim in court or before a judge or jury." The agreement further states, "You or we may elect arbitration under this arbitration provision with respect to any claim, even if the claim is part of a lawsuit brought in court." As of this notice you must dismiss or stay any and all actions in regards to the alleged debt pending the result of the Arbitration. ___________________________(Your Name Typed) Certified Return Receipt #_________________________ -------------------------------------------------------------------------------------------------------------------------------------------- Here is the Synchrony agreement: RESOLVING A DISPUTE WITH ARBITRATION PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED. •  What claims are subject to arbitration 1. 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 providers that accept the card or program sponsors if it relates to your account, except as noted below. 2. 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. 3. 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. 3No Class Actions YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION. ALSO, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER WHO IS NOT AN ACCOUNTHOLDER ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED IN A SINGLE ARBITRATION WITHANY CLAIM YOU HAVE. If a court determines that this paragraph is not fully enforceable, only this sentence will remain in force and the remainder will be null and void, and the court’s determination shall be subject to appeal. This paragraph does not apply to any lawsuit or administrative proceeding filed against us by a state or federal government agency even when such agency is seeking relief on behalf of a class of borrowers, including you. This means that we will not have the right to compel arbitration of any claim brought by such an agency. • How to start an arbitration, and the arbitration process 1. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be sent to Synchrony Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201-5320, ATTN: ARBITRATION DEMAND. The party seeking arbitration must select an arbitration administrator, which can be either the American Arbitration Association (AAA), 120 Broadway, Floor 21, New York, NY 10271, www.adr.org, (800) 778-7879, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, (800) 352-5267. If neither administrator is able or willing to handle the dispute, then the court will appoint an arbitrator. 2. If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other party files a motion with the court to compel arbitration, which is granted, it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding. 3. The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years of legal experience. Once appointed, the arbitrator must apply the same law and legal principles, consistent with the FAA, that would apply in court, but may use different procedural rules. If the administrator’s rules conflict with this Agreement, this Agreement will control. 4. The arbitration will take place by phone or at a reasonably convenient location. If you ask us to, we will pay all the fees the administrator or arbitrator charges, as long as we believe you are acting in good faith. We will always pay arbitration costs, as well as your legal fees and costs, to the extent you prevail on claims you assert against us in an arbitration proceeding which you have commenced. • Governing Law for Arbitration This Arbitration section of your Agreement is governed by the Federal Arbitration Act (FAA). Utah law shall apply to the extent state law is relevant under the FAA. The arbitrator’s decision will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award. • How to reject this section You may reject this Arbitration section of your Agreement. If you do that, only a court may be used to resolve any dispute or claim. To reject this section, you must send us a notice within 60 days after you open your account or we first provided you with your right to reject this section. The notice must include your name, address and account number, and must be mailed to Synchrony Bank, P.O. Box 965012, Orlando, FL 32896-5012. This is the only way you can reject this section.

Hi all, I've been reviewing, taking notes and trying to get all my ducks in a row for a pending suit brought on by Midland/BestBuy/Citi. First, and foremost, thank you to those who have posted their situations and those who have replied with logical next steps or thoughts. Your insights, suggestions and experiences have brought a sense of relief to what started out to be "one-more-thing" on my stress filled plate. Onwards...I have an answer prepared (which may have more than needed, hence my request for help) and attached for which I'd like some "kind" input as to what to keep and what to delete. In advance, I appreciate the community's help. Answer - DWP MIDLAND.rtf

Hello, Beforehand I would like to thank everyone because this forum has helped me tremendously. I had 2 cases filed against me, I was able to obtain a dismissal on one as soon as I filed my MTC. Well the other did not go as smoothly today...... Filed MTC 01/20/18, AZ Justice court approved arbitration 02/06/18 and received order to initiate arbitration Filed for arbitration 02/22/18, arbitration said they were backed up and did not start working my case until 04/03/18 Arbitration did not start process or any mailings to any parties until 04/03/18 Today was my trial and I was pretty confident all I needed was my confirmation of the arbitration case being file 02/22/18 and copy of the letter sent to JH Portfolio on 04/03/18 requesting fees to be paid to initiate the arbitration case. Well pretty much the judge did not care I had confirmation of filed a case with AAA, he read the letter to JH portfolio letting them know the needed to send fees by 04/17/18. After reviewing confirmation and letter judge initiated the trial and entered judgement against me for the amount owed. I was not prepared for trial, I assumed my receipt and letter would be sufficient to stay further proceedings. I'm contemplating an appeal, what are my chances? It seems an appeal would go to Superior court, my main basis for the appeal is that arbitration was filed, started and was pending the receipt of fees from the other party, at this point AZ Justice court should have allowed more time for arbitration to proceed..... Thanks,

I am so grateful that I found this website. I have spent the past several days reading and studying on this site and google scholar. I have a few questions about my next steps. Before that, however, here is the information about my case: 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? No Firm, but there are 4 attorneys listed. I believe they are Midland internal counsel 3. How much are you being sued for? $3000 4. Who is the original creditor? Synchrony/Wal-Mart 5. How do you know you are being sued? Served 6. How were you served? Mail CMRR 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Ohio, Defiance County 10. When is the last time you paid on this account? 2014 11. When did you open the account (looking to establish what card agreement may be applicable)? 2010 12. What is the SOL on the debt? To find out: 6 years I think. Account was opened in AR (3 yr SOL) but default happened after moving to OH (6 yr SOL) 13. What is the status of your case? Suit served? Motions filed? Suit served 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? No 16. How long do you have to respond to the suit? Did you receive an interrogatory (questionnaire) regarding the lawsuit? I have until June 10 to answer. No interrogatory 17. What evidence did they send with the summons? 1. Complaint (Generic Midland complaint) 2. 2 statements (2014 and 2016) I have my answer to the complaint prepared and ready to file. I am planning to file a MTC and utilize the JAMS provision in the Synchrony agreement. Since the lawsuit is in the municipal court, I will file my answer and MTC at the same time. Here are my questions: 1. I have read through the 2018 Initiating Arbitration Sticky in the Arbitration forum and almost all of the threads regarding suits with Midland, those in Ohio, and MTCs. I have found a lot of conflicting information regarding when to file the Demand for Arbitration with JAMS and the Respondent's Attorneys. Should I wait until the MTC is granted, or should I file it at the same time as the answer and MTC? 2. Should I go ahead and file my answer and MTC immediately , or wait until closer to the deadline? I am concerned because I will be out of the country for a few weeks in early June, and I am afraid of having a hearing or deadline happen while I am out of the country. Is there a legal document that I should file with the court or language to add to my answer to let them know that I will be out of the country? I feel fairly confident that I can beat Midland, but I just want to make sure that I don't make a silly mistake. Midland has filed over 100 suits against people in my particular court since 2016, and, as far as I can tell, only 6 people have answered the complaint. In each case, Midland folded. Thanks in advance for any advice. EDIT: I’ve changed the title to better reflect question

I really need a General Strategy of how to fight Midland represented by Johnson Mark. I understand majority of documents and their purpose, but I'm worried that if I do not see the whole picture beforehand, I won't be able to react appropriately or prepare in time. Can anyone direct me to some sort of flow-chart of how the case moves through civil court. Maybe a TO-DO list and what-to-expect list and appropriate time limits. I'm a little confused on timelines and all necessary requests and filings. I'm worried if I do not file or answer some document in a timely manner then I will be basically surrendering my rights and/or missing requested paperwork to support my case. Here is my TIMELINE: 2006 OPENED WF CONSUMER CREDIT CARD AS OVERDRAFT PROTECTION 2011 CC ACCOUNT WAS CHARGED-OFF BY WF in 2011 (CC limit was $4,500 but I'm being sued for almost $10K) 2011-2016 RANDOMLY RECEIVED STATEMENTS FROM MIDLAND (amounts varied from $7K to $13K) 11/12/15 JOHNSON MARK LLC SERVED COMPLAINT ONTO MY SPOUSE (I was not present on premisses, but it's still legal in UT) 11/18/15 COMPLAINT WAS FILED WITH 3RD DISTRICT COURT, UTAH 11/24/15 FILED MOTION TO DISMISS (based on SOL; as it is not an "instrument in writing" and falls under 4 years) 12/2/15 FILED 1st REQUEST TO SUBMIT FOR DECISION 12/10/15 RECEIVED PREMATURE FILING MINUTES 12/10/15 RECEIVED OPPOSITION TO MOTION (was dated 12/7/2015) 12/15/15 FILED REPLY TO OPPOSITION 12/15/15 FILED 2nd REQUEST TO SUBMIT FOR DECISION 2/16/16 RECEIVED ACCOUNT STATEMENT FROM JOHNSON MARK LLC IN THE MAIL (very basic info stating the whole acct #, ownership, balance, but no charge-off date) 2/16/16 CALLED JUDGE's CLERK TO INQUIRE ON STATUS OF REQUEST 2/23/16 RECEIVED NOTICE FROM COURT ON MOTION TO DISMISS (ruling scheduled on 3/07/2016) 3/7/16 JUDGE DECLINED THE MOTION AND EXTENDED 21 DAYS TO FILE THE ANSWER (SOL was denied, as judge agreed it falls under "instrument in writing"; 6 years instead of 4) 3/22/16 SENT LETTER SELCETING ARBITRATION TO JM AND MIDLAND 3/28/16 FILED THE FOLLOWING: ANSWER AFFIDAVIT MTC PROPOSED ORDER 3/28 - 3/31/2016 RECEIVED MULTIPLE PHONE CALLS FROM JM (to stop any phone calls, file CEASE & DESIST) 4/1/2016 AGREED ON SETTLEMENT - my original offer was $1500 when complaint was filed; JM's lowest was $7.5K - JM offered $2K, saying it's a stretch from original $7.5K - countered with $500, pointing out ARB fees and legal expenses - JM declined - JM called 30 minutes later accepting the offer 4/1/2016 RECEIVED SETTLEMENT PAPERWORK - JM lawyer sent AGREEMENT LETTER to my email (upon my request) - called JM lawyer directly to request: dismissal with prejudice, no transfer of debt, no 1099C - agreed upon everything but 1099 - as it is regulated by Federal Law - ordered cashier's check and went to meet up with JM lawyer - received SETTLEMENT AGREEMENT and SATISFACTION LETTER in writing - both parties have signed MOTION TO DISMISS (with prejudice) - received ORDER OF DISMISSAL WITH PREJUDICE - all docs mentioned: with prejudice, and each party bearing its own costs and attorney fees - received payment stub Thank you to everyone. This has been the best resource.

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

Hey All, Just received discovery responses from CACH, LLC. wherein they objected to my request for the purchase agreement on the grounds that it was protected as a trade secret. CA Evidence Code 1060. Has anyone had any success compelling this document from a JDB? If so, can you point me to a template? P.S. This is my first time posting, so if I didn't follow any of the normal procedures, my apologies in advance.

I filed to have a motion to compel bop (or preclude as Calawyer explained I should do and I did) and it is SOON- I'm wondering what to expect during the hearing. A little background info: 1) I'm in CA 2) a tentative ruling will be posted the day prior to the date 3) I have rec'd the plaintiff's opposition to the motion 4)Im in the process of writing up my reply What happens if am granted my motion to compel? or the motion to preclude? What happens if it is denied? Do I go to court the next day regardless? I'm afraid not to go so I'm pretty sure I will go either way.....just looking for a little insight. Thanks in advance!!

Hi all, I filed MTC, and elected arbitration following Lindas plan. I had a hearing (in the judges chambers) not in the court room. The judge read the credit card agreement, and nodded his head as he read out loud "if either parties elect arbitration it replaces the right to go to court". Sooo I am thinking I am doing quite well at this point. The attorney told the judge that he still elects to resolve the issue in court. After the hearing was completed the attorney stopped me in the hallway , and told me that my motion was denied, and he will be filling a motion for summary judgement. I checked the website a couple days after the hearing, and it says Result: "Taken under advisement", "Set pre tial." The pre trial is set for the end of January, but I just received in the mail the MSJ the attorney has filed. Wondering if I need to answer the plaintiffs MSJ, as my MTC has not been ruled on yet? Thanks in advance.