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MTC was denied, then case was vacated, now motion for Judment HELP PLEASE


janedoenotme
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Hi, okay, I am really guilty of letting this thing catch up with me. I need some help and fast please. When I filed my MTC I said MTC and dismiss. I didn't know that was incorrect. The Judge came back with: "The Court does not find suficient cause to compel arbitration or dismiss the case. Parties may elect to pursue arbitration if they believe they are entitled to do so. Upon receiving notice that the matter is in arbitration the Court will defer proceedings pending the outcome of such."  BTW I am in Arizona. The Justice of the Peace ruling he gave me states this: The court does not find sufficiewnt cause to compel arbitration or dismiss the case. Parties may elect to pursue arbitration if they believe they are entitled to do so. Upon receiving notice that the matter is in arbitration the Court will defer proceedings pending the outcome of such.

 

I then did my Demand for Arbitration and requested the creditor forward the required fee's and or Deposit as it stated in the Dell Financial Terms and Conditions. I went up to the court house to file this copy along with a copy of the check I sent in and was then going to file to ask the judge to reconsider the MTC and put stay instead of dismisss.  Instead what happened when I went there I was told me that it had been vacated because neither party showed up for our court date. And that I couldn't file anything unless I wanted to do a Motion to Re-open it.??  We both showed up so this was a mistake.

 

Also, my Agreement has the normal language stating that if either party elects Arbitration neither party will have the right to litigate that claim in court....

 

So what do I do now. I have to have an answer in on Thursday. That means I have to have something prepared tomorrow night. The new paperwork is now from Midland Credit Management but still being sued by Asset Acceptance. Below is what they stated:

 

They sent this to me regular mail in an unmarked envelope with not even the return address saying the full company name or anything to tip me off as to what was inside so I opened it yesterday... It is filed from Midland Credit Management Inc now and says Plaintiff's motion for summary judgment. The grounds are "there is no genuine issue of material fact in this case and Plaintiff is entitled to the entry of judgement as a matter of law. They are saying that I only offered general denials to each and every substantive allegation contained in Plaintiff's Complain. It goes on to say, "Unless the Defendant can offer evidence which establishes that a genuine issue of material fact exists which requires a trial of this matter, Plaintiff's Motion for Summary Judgment must be granted in accordance with the Arizona Supreme Court's decision apply Rule 56(e) Ariz.R.Civ.P.

When a party moving for summary judgement has made a prima facie showing that no genuine issues exist for trial, then the opponent of the motion has the burden to produce sufficient evidence that there is an issue, and the opposing party cannot defeat the motion for summary judgement and require a trial by a bare contention that an issue of fact exists. He must show that evidence is available which would justify a trial of the issues. 

Then they continue on with a legal argument that they showed that the account had been purchased by them with the original affidavit, they are also saying that they show that I applied for was issued and used the credit. All they have are documents with xxxed out things showing dates and charges. Then it says that I have not met my burden to defeat. and that Summary Judgement should be granted if the facts produced in support of the Defense have so little probative value that reasonable people could not agree with the conclusion advanced by the proponent of the defense...

 

At this point I need to know what to file and answer to get this going in my direction. Obviously now that I have actually initiated Arbitration and I have a copy of that paperwork, my check and the certified registered mail receipts showing the dates they received them, I think it's important that I show the court that I have done that and request a MTC and Stay or something. Someone said that they thought that I didn't get it because I filed wrong. I just don't know how to refile with what at this point and I opened my business back up but am not making any money yet but I am so swamped with that that this is just too much. Please any help. I will keep checking back.

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There is a post on Arizona Piano Lady's thread entitiled    Question About Answer  that has her response to Midlands Motion for summary judgment  that you can look at. You have to have one genuine issue to oppose that gets it to trial (or in your case arbitration)  Also , I would file a notarized sworn statement of denial, to file with the response .

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