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Hearing tomorrow on my MTC/alternative stay


lisser
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Ok,

My hearing is tomorrow. Wish me luck. I have no clue what to say to the judge. I am not even sure if the opposing attorney will show bc I mailed them their copy of my motion on August 30th certified and when I kept checking it it wasn't delivered. I called the court clerk and she told me to mail it regular and that way just in case they were refusing to sign for it, they were certain to get it via regular mail. So that's what I did on 9/3. I've got my receipts for both mailings if the judge would like to see them.

I've made extra copies of my motion but I do need to write up an order still in case the judge is in a pro se mood and wants to grant me my motion. Does anyone want to help me with that? :)

I'll take any and all suggestions for tomorrow. I am extremely nervous.

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Guest chuckygee

Definitely write the motion. That way when the judge decides in your favor. The order can be signed or modified by him/her if necessary and the opposing counsel does not need to approve it.

If you wait to draft an order, you may have to submit a copy to the opposing counsel for them to approve that it includes the intent of the judges decision.

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Here is my Order that I have filed with my MTC arb. The Heading and the case # should be centered but it will not let me post it like that.

My hearing is Oct 29th.

GOOD LUCK!!!

your name

your address

your phone #

IN THE SUPERIOR COURT OF xxxx COUNTY

STATE OF GEORGIA

CHASE BANK USA, N.A.

(Plaintiff)

v. CIVIL ACTION NUMBER xxxxx

your name

(Defendant Pro Per)

ORDER GRANTING DEFENDANT'S

MOTION TO COMPEL PRIVATE ARBITRATION

This matter came before the Court on Defendant’s Motion to Compel Private / Contractual Arbitration and the Court after reviewing said Motion hereby orders as follows:

IT IS HEREBY ORDERED ADJUDGED AND DECREED the Defendant’s Motion to Compel Private / Contractual Arbitration is GRANTED. It is Further ordered :

___That Plaintiff shall initiate contractual arbitration on their Claim against Defendant

___That this matter is dismissed without prejudice

or

___To Stay proceedings pending Private / Contractual arbitration

DONE IN OPEN COURT this date:___________________

___________________________

By the Court

Copies mailed to parties this_______day of _______________, 2010 by the Court

your name

your address

opposing council name

and address

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Ok got it all typed up, thanks Mimi! Here is what mine looks like...see if I can get it to copy correctly:

Me (this is centered)

XXXXXX

XXXXXX

COMMONWEALTH OF KENTUCKY (this is centered)

XXXXXX DISTRICT COURT

DIVISION

CIVIL CASE NO. XXXXXXX

CAPITAL ONE BANK, USA, NA (this is left justified)

Plaintiff

v.

ME

Defendant Pro Per

ORDER GRANTING DEFENDANT'S

MOTION TO COMPEL PRIVATE ARBITRATION

This matter came before the Court on Defendant’s Motion to Compel Private / Contractual Arbitration and the Court after reviewing said Motion hereby orders as follows:

IT IS HEREBY ORDERED ADJUDGED AND DECREED the Defendant’s Motion to Compel Private / Contractual Arbitration is GRANTED. It is Further ordered :

___That Plaintiff shall initiate contractual arbitration on their Claim against Defendant

___That this matter is dismissed without prejudice

or

___To Stay proceedings pending Private / Contractual arbitration

DONE IN OPEN COURT this date:___________________

___________________________

By the Court

Copies mailed to parties this_______day of _______________, 2010 by the Court

Me

XXXXXX

XXXXXXX

XXXXXX

Attorney for Plaintiff

XXXXX Street, Suite XXXX

XXXXXX, OH XXXXX

look ok?

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Guest chuckygee
The motion is written and filed but the order is not...I'm looking on here now for a good one..if you've got any suggestions I'd love to see them :)

Wish me luck!

LOL. Should have read: Definitely write the Order :lolsign:

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lisser, sorry if what I meant wasn't clear.

your name & addy

plaintiff

v.

defendant

...should be on the top left side.

The "Heading" is the title of what the document is.

"Order granting defendant's motion....." should be centered. And the case # should be on the upper right side/kinda centered and out across from the "v."

Hope this helps.

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I have a Motion to Conduct Discovery from a local attorney's office and they simply wrote at the bottom:

SO ORDERED. (in bold, all caps)

DATED: ________________ ______________________________

JUDGE, xxx COUNTY SMALL CLAIMS (this goes under the blank line on the right to the right of DATED...in all caps with county and name of court)

Not sure if this would be the same but that's all he did on his...

::::: sending positive energy to lisser :::::

GOOD LUCK!!

You'll do fine. Just remember to stand firm on, "It is written in the credit card agreement" and don't let some fancy attorney side-track or distract you from that!!!

RL

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Thanks girls! I'm going to need it! I just hope I can stay respectful to the judge even if he's an ******* to me! The clerks all seem to be dolls so hopefully the judge will be too.

Is it bad if I bring the judge some golf balls or some chocolate before the hearing? hahahaha! Just kidding of course! :)

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