dinodevil Posted January 27, 2012 Report Share Posted January 27, 2012 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? Link to comment Share on other sites More sharing options...
Coltfan1972 Posted January 27, 2012 Report Share Posted January 27, 2012 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 Link to comment Share on other sites More sharing options...
Coltfan1972 Posted January 27, 2012 Report Share Posted January 27, 2012 The Judge asks if I am willing to discuss a settlement which I reply to NO. Great answer, they tried to twist your arm into settling by telling you they could settle, in front of the judge. Way to throw it back in their face. Link to comment Share on other sites More sharing options...
BV80 Posted January 27, 2012 Report Share Posted January 27, 2012 Good job! Link to comment Share on other sites More sharing options...
dinodevil Posted January 27, 2012 Author Report Share Posted January 27, 2012 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. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted January 27, 2012 Report Share Posted January 27, 2012 Then we will see if they pay the fees or not.Go ahead and book my bet, 1K says they never pay their portion, JAMS closes the case and in a year you move to dismiss for lack of prosecution. Link to comment Share on other sites More sharing options...
VLDCA Posted January 27, 2012 Report Share Posted January 27, 2012 Court is really that easy!! So proud of you!!! Awesome Job!!! Link to comment Share on other sites More sharing options...
legaleagle Posted January 28, 2012 Report Share Posted January 28, 2012 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. Link to comment Share on other sites More sharing options...
dinodevil Posted January 28, 2012 Author Report Share Posted January 28, 2012 It is official. My MTC has been granted. I have 60 days to pay my fees. I will be paying them on Monday. Once the court receives proof they will dismiss or indefinitely stay. Link to comment Share on other sites More sharing options...
notgoingdown1 Posted January 29, 2012 Report Share Posted January 29, 2012 awesome, keep us updated on the progress, if there even is any from now on!It is official. My MTC has been granted. I have 60 days to pay my fees. I will be paying them on Monday. Once the court receives proof they will dismiss or indefinitely stay. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted January 29, 2012 Report Share Posted January 29, 2012 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. Link to comment Share on other sites More sharing options...
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