tykra

MTC ARB hearing date set

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MTC arbitration hearing date has been set by the court,  I am curious what can I expect the day in court to be like?

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No I have not received any response in the mail to the motion yet and the court records website shows no recent updates to the case either.  Hearing is set for the second week of July ... so I can expect them to file a response to the motion?  Ahhhh ok thanks!!

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Sometimes they respond, sometimes they don't.  If they don't respond, then, in theory, you should win your motion by default.

 

Note I said in theory.  Sometimes the courts are biased and bend over backwards to accomodate plaintiffs.  In my case, the JDB attorney did not respond to the motion, but did show up at the motion hearing.    I did argue that the plaintiff's failure to respond means I should win dismissal by default.  (I had filed a motion to dismiss, or in the alternative, to stay pending arbitration.)  The case wasn't dismissed, but was stayed.

 

Just be prepared to argue the merits of your motion.

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I just received a motion from the plaintiff today ... they have motioned to appear on the MTC date via phone ... IMO thats BS - I have to be there they should have to be there too!

 

Is it normal / acceptable for them to do so or should I file a dispute of some sort?

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Today I got a letter to contact them to discuss a settlement ...

 

IMO if they wanted to or want to discuss such a thing they should have done that prior to file a suit!   They are in violation several times already - I think I will get my counterclaim filed this week!

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I just received a motion from the plaintiff today ... they have motioned to appear on the MTC date via phone ... IMO thats BS - I have to be there they should have to be there too!

 

Is it normal / acceptable for them to do so or should I file a dispute of some sort?

 

Probably not that unusual.  It could even work to your advantage - you are in the courtroom and can pick up non-verbal cues from the judge.  Their attorney can't.

 

A witness testifying by phone, however, is unacceptable.

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If it were me, I would find out what they are offering.

 

Think not only about the cost of continuing to file motions in court, and the stress of being your own lawyer, and the $250 it will cost you to file your JAMS Demand.

 

Think also about how much easier it will be to get credit in the future, with the CACH TL off your record. How much less you will pay for insurance, with the CACH TL off your record.

 

ALL those things are worth money. Have no doubt of that. A settlement offer may not be what you are looking for, but it's certainly worth hearing what they have to say, IMO. When you are listening, be sure to have what YOU think is a fair settlement in mind.

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Called to inquire about their possible settlement letter ....

 

They offered 50% and an agreed judgement - I told them I would not agree to any judgement and the guy got all snooty.

 

I told him I already had them on an FDCPA violation for filing suit after I elected arbitration and he played dumb as to how that could have happened.

 

GRRRRRR Debt Collectors .... I imagine they will now argue that I did not make an effort to settle now.

 

I think I should file a counterclaim for them  not following the contract - what do you think?

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I think you should win the MTC arbitration first.  Get them out of their normal playground where they know all the rules.  Let them stare down the barrel of having to pay an hourly rate and filing fee that will exceed $3K dollars to get started.  You may find they want to settle for 10% of the debt and no judgement.

 

Your real leverage comes when the court says your folks are off to private arbitration!!!

 

So win the motion first...

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Had hearing.  I argued that the contract provided for arbitration, I elected that arbitration and they subsequently ignored my election taking a tortious act by filing a complaint after the election.   They objected to my MTC A stating that I was looking for a payment agreement based on the discussion of a settlement offer they made that I refused.   They further argued that I my answer did not include any dispute of the debt - I countered that my answer was entirely based on the improper venue based on the prior election and that while I had disputes I would not entertain them in litigation as its not the appropriate venue ...  Judge said an order would be forthcoming.

 

I reckon, or should I say I hope that I have  AT&T v. Concepcion on my side and that my election of arbitration means that the process must be enforced regardless of any precursor settlement discussions.

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So I filed my JAMS demand it was signed for / received by the JAMS office about 3 weeks ago.... curious how long before I hear from them on this and/or what the next steps will be...

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