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What would you do...Arbitration or Court?


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Looking for any and all advice on what my next step should be.

Oct 2010 Received Summons (Account Stated). NO DOCUMENTS ATTACHED.

Nov 2010 Filed Defendant’s Answer to Complaint/Affirmative Defenses and Defendant’s Discovery to Plaintiff (1st Set of Rogs, Req. for Adm and Req. for Prod. of Doc.) Copies sent to Atty via CMRRR.

Dec 2010 Filed Defendant’s Disclosure Initial Rule 26.1 Copies sent to Atty via CMRRR.

Filed Defendant’s Sworn Denial. Copies sent to Atty via CMRRR.

Mailed, Faxed and emailed to 2 separate email addresses Good Faith

Letter reminding Plaintiff that I had not received answers to my

Discovery.

Received Plaintiff’s Disclosure Initial Rule 26.1 & Plaintiff’s Discovery Request to Defendant (Rogs, Req. for Adm. & Req. for Prod. Of Doc.). NO DOCUMENTS ATTACHED.

Jan 2011 Filed Defendant’s Response to Plaintiff’s Discovery (Rogs, Req. for Adm. & Req. for Prod. Of Doc.). Copies sent to Atty via CMRRR.

April 2011 Received Plaintiff’s MSJ (No Genuine Issue of Material Fact). Attached was an Affidavit from an “Agent” of the Plaintiff with Personal Knowledge of the “Plaintiff’s” records and practices (doesn’t claim to have knowledge of the OC’s), this Affidavit was signed in Dec 2010 and has an illegible signature and it has information that does not match the Complaint. Nothing else is attached. The Statement of Facts does mentions after each statement Exhibit A Plaintiff’s Affidavit filed contemporaneously herein but does not mention any other attachments. THE AFFIDAVIT DOES NOT HAVE ANY DOCUMENTS ATTACHED NOR DOES IT MENTION ANY EXHIBITS ATTACHED.

Filed Defendant’s MTS Affidavit as Hearsay w/Sworn Affidavit, Response in Opposition To Plaintiff’s MSJ, SOF & Sworn Affidavit. (Discovery not completed, still issues of fact).

Aug 2011 Attended a Settlement & Negotiation Discussion. So the Judge gives her little speech about the Atty and his good faith non threatening ways, how nothing said can be used in trial that is discussed here today etc. She mentioned that she was very impressed with my pleadings and responses and said she had never had such a thorough pro se before, she said I did an excellent job submitting everything required and it looked like I knew what I was doing. I asked her before she left if she was going to rule on my MTS the Affidavit and the MSJ that was filed in MAY (remember this is now AUG). She thumbed through the file and said they weren’t in the record and “Oh well I will just deny them both”. I then reminded her that the Plaintiff had not answered Discovery yet at which the Atty said with a big smile on his face “Your Honor she received Discovery in Dec. I reminded her I had not! She mentioned that if we chose to go to trial that it was not necessary for them to answer Discovery as she does not require it in all cases!

She then left the room. I will not go into detail about the things he said but I think someone pee’d in his Cheerios that morning. Had I not been in shock I would have turned the video on in my phone this went way, way beyond bullying in my eyes. One thing I will mention is he told me I was going to pay quadruple by the time he was done with me. So I told him the discussion was over and we were going to trial. This appeared to anger him more and he never shut up until the Judge came back.

So when the Judge came back he handed me a stack of papers and said he wanted it noted that he was giving me Discovery again and that it was previously given to me in December. She said “Discovery Completed” The Trial was set for Nov. Before the Judge finished she did mention that she wanted me to know that if I did lose in court that I would only be responsible for the amount listed on the complaint. Hmmmmmm.

So looking at the stack of papers now that he gave me as it was too late in the court room to look at them (shame on me) I noticed that what he gave me was duplicates of of his MSJ that he filed, the Discovery Requests that I sent him and their answers to the Production of Documents (no answers to Admissions or Rogs). In the Production of Documents was 9 statements with Late Fees and Interest and only one payment on the last statement. And interesting was that the only Response that they said they attached to this was the proof of assignment. But I have gone through over and over and it is not there. So what is he trying to pull, is this a normal tactic for them to say they gave you something and didn’t and then spring it on you at trial. He just is not an honest person and it will come down to the papers said he gave me something but he didn’t!

It has been one week and I received a Motion for the Witness to appear Telephonically as it is a burden because she is out of state. This is the Witness I assume that I filed the MTS her Affidavit and it has not been ruled on yet!

I called the court clerk today to tell her I noticed my MTS & Opposition has not been ruled on yet. She said she sees in the computer that yes they were both filed in May but, that for some reason they are not scanned in the system and that may be why the Judge could not find them in the file. She said I could refile them. UGGGGG!

So I am faced with re filing these Motions and figuring out how to now Oppose this

Witness Appearing Telephonically. And then facing this Jerk in court again.

Does anyone have any opinions on what I should do next, my head is spinning.

Should I continue to pursue this in court or should I file a MTC Arbitration?

I am in AZ. I am not sure how this Arbitration thing works yet and is it too late since a

trial date has been set? They never provided me with an agreement so if I find one does

that somehow get twisted to mean I admit to the debt? Can the Judge deny my MTC

Arbitration? I did not use Arbitration in my Affirmative Defenses does that matter?

Oh the Atty also brought up the “Forums” that I was getting my garbage information

from so I have been leary to post but, I am at a point I don’t care if he reads my posts!!!

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Some things to consider:

Who is the plaintiff? What is the amount of the debt (ballpark figure)?

What does the cardmember agreement say about arbitration? Does it allow arb at any time during litigation? Does it include JAMS as a forum?

What is the court like? Do you think you can get a fair shake there, or are you getting the sense this is a railroad court? How do other debt defendants end up in your court? Even if they have counsel?

What are your state's statute and case law about arbitration, specifically, about going too far in the litigation process being a waiver to arb?

In any event, I would absolutely object to having their witness appear by phone.

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