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Had Court Today


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I had court today. It was their Summary Judgement against my MTC Arbitration.

We get called to go up in front of the Judge and the Lawyer for the Plaintiff, who I have never heard of, starts going on about why he is here, how they want a summary judgement based off their information they provided and how there is also the issue of my MTC and how I incorrectly stated the customer agreement as the wrong one and how the 2010 agreement no longer has the arbitration clause. He also stated that even if the 2008 agreement was the correct agreement I had not initiated the arbitration. He also stated that he did not have a chance to talk to me before the hearing and he was authorized to make a settlement.

The Judge asks if I am willing to discuss a settlement which I reply to NO.

So the Judge asks if I have anything to say, and I state that I did file the MTC and that I also filed an affidavit that the 2008 agreement was the governing agreement for the alleged debt. I also stated that I did initiate with JAMS in November.

The Judge then says Thank you I will be going over your motions and will get back to you. I say Thank You and leave.

That was it. I couldn't believe that was it.

So I just looked online and it states that the result of the Motion Hearing is : Held. The Court Trial that was scheduled is now cancelled. Order is listed as Other and there is a Notice of filing of Order.

So does that sound like I got a stay?

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That was it. I couldn't believe that was it.

Yeah, the U.S. Supreme Court has that effect on hearings such as yours. Not a lot to debate. You asked for arb timely, the state court judge can't do anything other than concede jurisdiction.

So does that sound like I got a stay?

Yes

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This is such a relief. I have been stressing over this for months now.

I had just received a call from the JAMS Case Manager on Monday and she had stated that because the OC and I had a difference in opinions on which agreement was the correct one she was putting the case on hold until she received a stipulation or court order. So as soon as I receive that order she can get the case going. Then we will see if they pay the fees or not.

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I should think the agreement that applies would be the one that was issued with your card. If they changed it to eliminate ARB in 2010, (thought it was 2009) then let them arbitrate the balance of the account on the day THEY decided to change the agreement. That should be grandfathered in.

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Nice job !! Nothing better than having the U.S. Supreme Court on your side. I love it when these arb agreements come bite to bite them in the rear. I prefer court, but I love hearing how these motions get granted with the other side trying to argue against the Supreme Court.

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