Appealing MTC Arb. in MA,

[prove-it]

Need help preparing for my MTC Arb  denial. I have a hearing for my MTC Arb. and the SJ. from the JDB set for the same (TIME & DAY)

 

I am as ready as I can be with arguing my Arb. case. But this is MA, Sm. Claims and the Mag. pretty much makes it up as he goes.

 

I actually witnessed the Mag talk to a couple of attorneys sitting in the front row of the hearing room.

He asked them by name

 (Hey who's got the Cap 1 accounts you do ok who has the Discover, Bank America. Oh I have Discover and Mr. So and So has ....................)

 

I followed the Arb argument and spoon feed the Mag. a road map to Arb. The problem is it will not mater. He will listen to me I'm sure but he has already made up his mind. He has demonstrated his love of JDB's.

I plan on arguing my right to Arb. But unless the Mag. & JDB have a come to Jesus moment. He's going to squash my MTC Arb and then award the JDB his SJ.

 

So as much as I would appreciate any help with Arguing my MTC Arb. case.

 

I want to focus on Appealing to a Higher court. There is no point doing anything in Sm. Claims like MTR. where I'm sure if I walked in with the Man/Woman who drafted the Arb clause The Mag would still find away to squash it.  

 

I'm so close to Arb. I can smell it. But it is going to take an Appeal to get there.        

[prove-it]

No one gone through this in MA, No one has appealed and can offer input. Or maybe I'm asking the ? in the wrong category in this forum.

 

It seems more and more people that are discovering the Arb. clause are finding out it makes no difference if your right or wrong or how much correct documentation you provide. Because when dealing with Sm. claims Magistrate's the JDB is there buddy and don't forget that.

 

So if Arb is available by all means try it, But if up to a Mag. even with an MTC Arb. don't hold your breath.

 

The JDB's have figured out that by simply arguing against the card agreement that you use in court for your MTC Arb. is enough for there buddy the Mag. to interpret it in there favor

(ANY TIME A LAW IS OPEN FOR INTERPRETATON BY A MAG. FORGET IT IT'S OVER)  

 

I wonder what decision the Mag. is going to make when he here's my MTC Arb. at 8:45  then starts the JDB's SJ hearing also at 8:45 (SAME DAY)   

 

I think the next logical step in using the Arb. clause should be extensive preparation for Appeals (of all types)      

[Seadragon]

I take a stab at it. I think the arb is covered by the federal arbitration act which is controlling. As for the SJ this is definetly a triable issue because the court cannot waive part of a contract and then enforce another part of it. So it raises the issue of improper forum which is a jurisdictional issue. The breach of a contract to get a different forum is in and of itself abuse of process.

Do not waive anything and remember that small claims can be appealed usually to the superior court, and their is no summary judgment allowed in small claims only trials.

[FeltS32]

You will be given the option to appeal if they deny. So Appeal! I am in MA.  Did you try just saying you never entered into a credit agreement with the JDB? Then they would at least need to prove they have the right to collect on the debt. No JDB can prove standing, ever. 

[Goody_Ouchless]

No JDB can prove standing, ever. 

 

Really?

[prove-it]

Yes that's the point I'm going to have to appeal. The problem /question is The MTC Arb. hearing is 8:45 the hearing between me & the JDB for the credit suit is also at 8:45.

 

When your dealing with a Mag. in Sm. Claims in (MA) you can throw all that arguing about Stated vs ??? and Chain of assignment (bill of sale) out the window. I tried it all.

 

All the JDB needs to show is 1 credit card statement (That's it period) So please nobody tell me different)

How do I know this (Because it just happened to me) Is it right/wrong or ?????????? Again makes no difference in MA.

 

That's why I'm focusing on an Appeal with appellate court. 

   

________________________________________________________________________________________________________

FeltS32;

                       When you were sued by a JDB in MA, Sm, Claims How did you get the Mag. to dismiss your case arguing no standing and chain of assignment what was the outcome. Please share that experience.

 

________________________________________________________________________________________________________

 

I know I can appeal the Mag. decision on the MTC. purely on law stating that the Mag. made an error, But if he rules in favor of the JDB on the SJ. then I would also have to appeal that to. So by this Mag. setting the dates as he did will force me to unravel the mess.     

[prove-it]

I need to make another point about advice on the whole, The JDB has to do this then you can do that and the Mag. is  an officer of the court and has to adhere to the Law. Again fantasy. The arguing, cross examining, and citing of state & fed statutes is all pissing in the wind. (IN  MA Small Claims Court) 

 

MA, Sm. Claims (This Court) does not allow discovery and for answering and listing your defenses again fantasy (does not apply)

everyone shows up answers on the day of court. Then the Mag. calls out to the few rent a lawyers sitting up front hey who has discover today Joe ok now who has  Cap 1 you do Mary ok great lets get started.

 

You can ask for what ever you want but the Mag. and his buddy's run the show.

Most of the defenses we use against the JDB. like show me the original agreement are so old and tired now, Even the Arb. with JAM's is run it's course. Just look at this and other forums  look at just how many have to fight for it and even with MTC Arb. and really good paper work to back it up, Mag's are denying it.

It is still worth pursuing but it don't have the same teeth it had in the past.     

 

Now I'm not saying it does not work in other states or even other courts in MA, But I can tell you with 100% certainty it happens in this court.  

 

I was hoping to talk with people who have gone through this  those who have had there MTC Arb. denied, what they did  and the outcome. I would like to hear peoples experiences from any state but those from MA, would be really helpful.

 

Goody_

               would you like to share any personal experience with appealing an MTC. Arb. in MA, or otherwise.      

[prove-it]

Felts32,

                       You responded to my post suggesting a JDB never has standing so they can never win , Now I ask how did you win using the JDB has No Standing in Ma. Sm. Claims.

 

What did you personally do to beat the JDB in Ma, Sm. Claims. When you argued no standing no chain of assignment what did they counter with how did the Mag. respond.

 

Details !!!