Rec'd Motn to Strike Pleadings after Electing Arb-help!

[Peachy]

I filed a timely "Answer" to Zwicker and they said it wasn't properly signed. I just looked at my copy and I didn't sign the "certificate of Service" portion within the Answer. I thought that was for the Clerk to do (I should've asked, of course). So here's what I received: Motion to Strike Defendant's Responsive Pleadings because it "was not properly signed".

• 
  

Then there's a "Certification of Default" which says that they're the attorneys on record (Zwicker) and that because the pleading wasn't properly signed I was in default. There's no affidavit of debt included, just the unpaid principal and now court costs.

Then "Request for Default Judgement"

Then" Order"

When I filed the "Answer" I elected Arbitration and sent a separate letter CMRR to Zwicker attorneys (named in original Complaint) electing Arbitration, I enclosed a copy of the Cardmember Agreement and named the Arbitration section and paragraph and attached a AAA Arbitration form requesting that AMEX initiate the arbitration and last line if "If you choose to disregard my election of arbitration in the mater I will seek all.....for breaching that contract which includes the arbitration provision."

They have also been calling me periodically for the last several weeks. Don't know what to do next, please help Arbitration heroes!

[skippy1960]

I thought that was for the Clerk to do (I should've asked, of course). So here's what I received: Motion to Strike Defendant's Responsive Pleadings because it "was not properly signed".

• 
  

Then there's a "Certification of Default" which says that they're the attorneys on record (Zwicker) and that because the pleading wasn't properly signed I was in default. There's no affidavit of debt included, just the unpaid principal and now court costs.

Then "Request for Default Judgement"

Then" Order"

When I filed the "Answer" I elected Arbitration and sent a separate letter CMRR to Zwicker attorneys (named in original Complaint) electing Arbitration, I enclosed a copy of the Cardmember Agreement and named the Arbitration section and paragraph and attached a AAA Arbitration form requesting that AMEX initiate the arbitration and last line if "If you choose to disregard my election of arbitration in the mater I will seek all.....for breaching that contract which includes the arbitration provision."

They have also been calling me periodically for the last several weeks. Don't know what to do next, please help Arbitration heroes!

You will need to do some filings of your own to defend. I am not from your state so you will need to review and get some help regarding Court Procedures, but should go something like this-

1. File Defendants Opposition to Motion to Strike Responsive Pleading- This should contain reference to "clerical error on your part, and clerk of the court if they examined your filing prior to stamping into the court file" There is likely a civil procedure or rule you need to find for this that you can quote in your filing, dealing with clerical errors, mistakes not related to law.

2. File Motion to Compel Arbitration and use the information from the letter you sent to them with your answer in this filing.

Ask for your Moitons and the Plaintiffs Motions to be heard by the judge, in some jurisdictions you must request a hearing so you will need to check on this, force them to come to court. Your argument is I made a mistake and failed to sign the CoService your honor, my intention has been to fight this and make the Plaintiff prove this debt. By the way this is the wrong jurisdiction due to my election of arbitration sent to Plaintiff, which they haven't responded to. Please Stay or Dismiss so we can resolve our differences in a private forum provided by the contract.

Do these first- once complete start studing how to vacate a Judgement, just in case and finding the civil procedure in your court that allow for vacating a judgement. I would be suprised if lack of signiture stands up in the long term.

[Peachy]

Thanks so much for the info. I'm working on it as we speak!

[FL4answer58]

Thanks so much for the info. I'm working on it as we speak!

How did

this go?

Any update?

Edited August 25, 2010 by FL4answer58

[Peachy]

So far, here's where I am:

No attorney, so I'm staying Pro Se. There's a hearing in a few weeks to deal with their Motion to Strike, my Motion to Correct Error and a Motion to Compel. I'm trying not to freak out because I've got so much on my plate workwise and service work. I'll keep you up to date and thanks for asking!

[FL4answer58]

Skippy's advice is good - wish you the best - good luck.

I have a friend in similar situation (same CO and MTC Arb) same progress....he's been reading your post as well.

Let us know after the hearing ...please.

Edited August 27, 2010 by FL4answer58