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Summary Judgement at a hearing?


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Tomorrow is a hearing (Discover). I filed a timely answer and they filed a MTS by affirmative defenses, which I found out right after I filed I probably didn't do a very good job. And you all said to just let them be stricken. And then, I sent a letter to the firm and requested arbitration. They in turn filed a MTS that request. After sending them a letter, and after rec'g the notice of MTS, I filed a MTC Arbitration. THEN, I get notice of a hearing, which is tomorrow. In the meantime, I thought, what the heck. I called t see if they would settle as I did have, at one time, a settlement offer. "No, we won't do that, but we will do this.", but I can't afford what they want.

Here's the point... The manager I was speaking with said that if I settled, they would not need to request a summary judgement at the hearing.

Is that what I should be expecting? I've obviously fouled this one up somehow. I'm doing better on this next one.

Thanks so much.

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If they have not already file for summary judgement they are probably talking about asking the court for leave to file a summary judgement motion.

I can see where there is confusion. I read your post several times and it's hard to figure out exactly what is going on. Might not be a bad idea to try and settle.

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Tomorrow is a hearing (Discover). I filed a timely answer and they filed a MTS by affirmative defenses, which I found out right after I filed I probably didn't do a very good job. And you all said to just let them be stricken.

And then, I sent a letter to the firm and requested arbitration. They in turn filed a MTS that request.

What was the reasoning for their MTS?

After sending them a letter, and after rec'g the notice of MTS, I filed a MTC Arbitration. THEN, I get notice of a hearing, which is tomorrow.

A hearing for your MTC?

In the meantime, I thought, what the heck. I called t see if they would settle as I did have, at one time, a settlement offer. "No, we won't do that, but we will do this.", but I can't afford what they want.

Here's the point... The manager I was speaking with said that if I settled, they would not need to request a summary judgement at the hearing.

Is that what I should be expecting?

They will probably ask the judge to let them file SJ but I doubt that your MTC hearing will develop into a SJ hearing on the spot, if that's what you're asking.

I've obviously fouled this one up somehow. I'm doing better on this next one.

Thanks so much.

I've heard that if you participate in litigation in Florida, you've waived your right to ARB.

Going to depend on the judge and how tight your motion is.

Good luck!

Edited by Savoir
Opps ..... ColtFan beat me to the punch.
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I think you could have a good shot at ARB. All you did was answer the complaint so far, you could argue that you did this to avoid a default judgment for failure to plead. It's not like you've been litigating this for two years. You're pro se, you needed some time to study arb, etc. This is a reasonable argument. Also see what the Discover agreement says about arb. Some of them say you can file right up until the day of trial. That gives you a little extra leverage.

Edited by BrunoTheJDBkiller
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What was the reasoning for their MTS?

Their MTS my Aff. defenses: 1. Defendant states no facts to support conclusions 2. The defense was mere conclusion Chris Craft Indus v. Van Valkenberg and Fuller v Jonsberg 3. Defenses are insufficiently plead as a matter of law

I mis-spoke. They did not file a MTS Arg, they filed a Response to Def. MOTC Arb.... which I had not filed (I sent them a letter). Then I did file a MTC.

Their premature response states 1> Fl law is clear that a MTD based solely on a party electing arbitration should be treated as a Motion to Abate or Stay 2. They agrees that the agreement allows either the Def. or Pl. "may elect" to arbitrate 3. But Plaintiff has elected to pursue as was Pl. right under the agreement (???) 4. Only after Pl. initiated litigation did the Defendant choose to elect Arb. 5. If Def. elected to use an arb forum, Def should bear the responsibility of initiating 6. Should the Court stay litigation and allow Art, Def. has 30 days or Stay to be lifted. And the Wherefore is asking the court to order Def. to initiate or to deny.

I then filed a MTC Arb stating: We agree that either or may elect to arb.; they will not litigate; they will advance fees and I further cited items per this wonderful Board.

And my WHEREFORE moves to compel priv. arb. and to dismiss Pl. complaint due to Lack of Subject Matter Jurisdiction, or.... stay.

A hearing for your MTC?

For both arb. and strike defenses

Thank you.

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Sounds like you'll obviously lose your affirmative defenses (which is a good thing) because I'm sure you just listed them and did not support them with facts.

And you should win your arb motion. The arbitration clause speaks for itself. I'd argue it makes no sense to file arbitration against yourself prior to being sued. That is simply stupid. However, the main argument is you don't need an argument. The arb clause does not say for this or that reason you can or can't have arb. It simply states either party may elect arbitration. You're reason is irrelevant.

And if the clause requires them to forward the fees, that is all that matters. I do get a kick out of watching creditors try to wiggle out of their own arbitration agreements. They wrote them so tight to protect the arb clause and then when they had the UH OH moment, it's fun watching them squirm.

With that said, and I think you know this, arbitration is not a silver bullet. You have the same case in arb as you have in court. If they decide to follow you to arbitration and move forward you are right back at square one, but just in arbitration fighting all this.

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Depends on the amount. It's a money game, a business decision. Arb can cost 5-6,000 up front, mediators get 575 per hour. Guess I should try to be a mediator. Bottom line for them is do they want to spend all this to collect a credit card debt from somebody who obviously has no money? Unless you have some fabulous job or lots of assets, they won't bother, unless the tab is like 30 grand. Then they'll take a shot and hope you hit the lottery.

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