Zwicker filed MTS ARB........

[Mimi-to-8]

In my pending lawsuit with Zwicker/Chase, I sent an arb election letter to Z along with a MTS pending arb which they received on 8/5. Z totally ignored my arb election and sent Discovery on 8/25.

I filed a MTC arb with an Order compelling Plaintiff to initiate and scheduled a hearing for Oct 29. I sent everything to Zwicker CMRR.

I received today via mail Zwicker's MTS pending arb.

In Ga all motions are decided upon without oral hearing as per Ga rule 6.3:

Rule 6.3. Hearing.

Unless otherwise ordered by the court, all motions in civil actions, including those for summary judgment, shall be decided by the court without oral hearing, except motions for new trial and motions for judgment notwithstanding the verdict.

However, oral argument on a motion for summary judgment shall be permitted upon written request made in a separate pleading bearing the caption of the case and entitled "Request for Oral Hearing," and provided that such pleading is filed with the motion for summary judgment or filed not later than five (5) days after the time for response.

This is why I had to schedule a hearing for my MTC. I do not have a lawyer so I do not have access to the judge like they do.

Zwicker's MTS includes: "We request that this motion be decided upon briefs, without oral hearing, in accordance with Rule 6.3 of the Uniform Georgia Court Rules."

They have stipulated in their Motion and Order that I must initiate the arbitration within 30 days.

I need to know what to do now. Their MTS, and the 30 days I have to initiate, will be over before my hearing date.

Please tell me what I need to do. I wanted the opportunity to argue that they should initiate and that I shouldn't have to initiate their claim against myself.

Should I write a brief in response to their MTS? If so, I need help with that!

Should I just go ahead and file my arb claim once I receive the court order so I can be the claimant?

They had sent Discovery to me and it needs to be answered by Sept 25. Do I still need to do that for my protection from it being deemed admitted? I would use the answer "Objection: arbitration clause has been exercised. A mutual agreement on the scope and extent of discovery per the arbitration clause and per the arbitration forum rules has not been reached. Defendant will not be answering until such an agreement is reached between the parties under the contract."

The judge is here only once a month so I'm thinking I should respond to their discovery in case their MTS is not seen and ordered in time.

Please help me figure out how to proceed. They slipped their motion and order in front of mine. It's kinda odd they are so willing to arbitrate.

Do I still go to my hearing next month?

[nobk4me]

They just submitted a motion, right? The motion has not been granted, right?

The 30 days only starts to run after their motion has been granted.

I would file a response, and emphasize that they should initiate arb and you can't file a claim against yourself.

On the discovery, can you just deny the requests for admissions, and object to them, and everything else (such as interrogs), as you have stated?

[RebelLady]

Mimi,

I agree with nobk4me. You need to go ahead and answer their RFA's with denials and interrogs with the objection you stated in your post.

I would also file an Opposition to their MTS and inform the court that the cc agreement says nothing about the one choosing must also initiate nor does it impose a time-frame (30-days) on either of the parties to the agreement. Them slipping their motion and their order in before your's was no accident. They probably see this judge every time he/she comes to town and are much more familiar with court and procedures than you are.

I also think I would be very, very tempted to be as accomodating as they've been (especially if the cc agreement says they must forward all fees for the initiation) and go ahead and file with whichever organization you feel most comfortable using...JAMS or AAA. I would call their bluff and see what happens...but that's just me and my style. I prefer to be pro-active rather than reactive...lol

RL

[Mimi-to-8]

I think I will write up an opposition to their motion and have my back up order for them to initiate. I am just not sure how to get it to the judge since I am pro se and denied access to him without having a hearing. I'm afraid it will be too late by my Oct 29 hearing.

I am so very confused about all this!

I can only use AAA as per my contract. I can't decide if it's better to just go ahead and initiate so I am the claimant. Then it's on them to pay to commence. I have several FDCPA violations on Zwicker. I am in the process of disputing TL's with the CRA's and need more time to be able to claim FCRA violations against OC.

Ga has consumer laws that cause FDCPA violations of CA atty to apply to OC but the arbitration agreement states Deleware law prevails. Will I not be able to use Ga laws?

Also Zwicker's motion and order stipulates leaving the court case stayed but open for ease in confirming the arbitration award.

I tried to attach Zwicker's motion & order for review but the file is too big.

Edited September 15, 2010 by Mimi-to-8