Panove4 3 Report post Posted August 17, 2015 Is it suppose to look something like this? Should I use the word "Objection" or "Opposition"? MARICOPA COUNTY JUSTICE COURT, ARIZONAMCDOWELL MOUNTAIN JUSTICE COURT18380 North 40th Street, Phoenix, AZ 85032 MIDLAND FUNDING LLC ) No.a foreign entity, ) ) Plaintiff, ) OBJECTION TO SUMMARY JUDGEMENT )vs. ) ) )xxxxxx, xxxxxxxx ) ) Defendants )_______________________________________________________________________________________________________________________________________This motion asks the judge to rule against you without holding a trial. You have a right to file a written response to this motion. Your response must be filed within thirty (30) days from the date this motion was served. Your response to the motion must include:(1) A statement of facts, with each of the facts stated separately in numbered paragraphs or numbered sentences. A statement of facts must be supported by affidavits, exhibits, or other material that establishes each fact by admissible evidence. It is not enough for you to simply deny facts. You must present evidence that shows a genuine dispute of the facts.(2) A memorandum of law that summarizes the issues, provides legal authority in support of your position, and describes why the judge should deny the motion. Defendants, undersigned, pursuant to Arizona Revised Statutes 12-1502 (A ) and (C ) hereby moves for what? Quote Share this post Link to post Share on other sites
Panove4 3 Report post Posted August 17, 2015 So I got a call from Midland lawyer's office today. Apparently they received the letter of demand for arbitration. She asked me if I really think the judge is gonna rule in my favor and then she asked what do I think the arbitrator gonna do for me and if I realize that they are just a bunch of lawyers. I don't understand that line of questions, can anyone shed some light on it, weird! Quote Share this post Link to post Share on other sites
Harry Seaward 1,283 Report post Posted August 17, 2015 Could you please share those case law now as I'm in the process of drafting the Opposition to MSJ and Motion to Compel. Should I also Motion the court for Leave so as to amend my answer to include SOL defense?I'll already sent a certified letter to the attorney's office demanding arbitration so could filing these motions mean I waive my right to arbitration?I covered the cases in this thread:http://www.creditinfocenter.com/community/topic/326349-retired-and-being-sued-by-unifund/?p=1327562 Quote Share this post Link to post Share on other sites
Harry Seaward 1,283 Report post Posted August 17, 2015 Is it suppose to look something like this? Should I use the word "Objection" or "Opposition"? MARICOPA COUNTY JUSTICE COURT, ARIZONAMCDOWELL MOUNTAIN JUSTICE COURT18380 North 40th Street, Phoenix, AZ 85032 MIDLAND FUNDING LLC ) No.a foreign entity, ) ) Plaintiff, ) OBJECTION TO SUMMARY JUDGEMENT )vs. ) ) )xxxxxx, xxxxxxxx ) ) Defendants )_______________________________________________________________________________________________________________________________________This motion asks the judge to rule against you without holding a trial. You have a right to file a written response to this motion. Your response must be filed within thirty (30) days from the date this motion was served. Your response to the motion must include:(1) A statement of facts, with each of the facts stated separately in numbered paragraphs or numbered sentences. A statement of facts must be supported by affidavits, exhibits, or other material that establishes each fact by admissible evidence. It is not enough for you to simply deny facts. You must present evidence that shows a genuine dispute of the facts.(2) A memorandum of law that summarizes the issues, provides legal authority in support of your position, and describes why the judge should deny the motion. Defendants, undersigned, pursuant to Arizona Revised Statutes 12-1502 (A ) and (C ) hereby moves for what? Technically it's an "opposition" but either is fine. The content is what's important. You don't need any of the stuff in italics because you're not filing a motion. You're only responding to the motion that has been filed. You're asking the court to dismiss the motion for summary judgment because you have demanded arbitration. You need to include a controverting statement of facts that line-by-line controverts each statement made by Midland in their statement of facts. Explain why their statements do not entitle them to summary judgment. So I got a call from Midland lawyer's office today. Apparently they received the letter of demand for arbitration. She asked me if I really think the judge is gonna rule in my favor and then she asked what do I think the arbitrator gonna do for me and if I realize that they are just a bunch of lawyers. I don't understand that line of questions, can anyone shed some light on it, weird!They are trying to bully you into not exercising your contractual right. Might be an FDCPA violation. A NACA Attorney might be interested in this. www.naca.net Quote Share this post Link to post Share on other sites
BV80 2,680 Report post Posted August 18, 2015 Without proof of that conversation, there's only an allegation by the OP that it took place. Midland could claim the call was an attempt to settle. Conversations via phone should be recorded. Quote Share this post Link to post Share on other sites
Harry Seaward 1,283 Report post Posted August 18, 2015 Without proof of that conversation, there's only an allegation by the OP that it took place. Midland could claim the call was an attempt to settle. Conversations via phone should be recorded.They're usually recorded by Midland. Quote Share this post Link to post Share on other sites
Anon Amos 2,247 Report post Posted August 18, 2015 I doubt midland will hand over its own noose. Quote Share this post Link to post Share on other sites
Harry Seaward 1,283 Report post Posted August 18, 2015 I doubt midland will hand over its own noose.They'd sooner offer a settlement. Your always saying it's about having leverage, right? Quote Share this post Link to post Share on other sites
Panove4 3 Report post Posted August 18, 2015 So just to be clear, at this point which should I file: MOTION FOR DISMISSAL OF SUMMARY JUDGMENT? MOTION FOR OPPOSITION OF SUMMARY JUDGEMENT? or MOTION FOR OBJECTION OF SUMMARY JUDGEMENT? Also, when to file MTC? Should I expect a response to my Demand for Arbitration from Midland?What if they don't respond at all? Quote Share this post Link to post Share on other sites
Anon Amos 2,247 Report post Posted August 18, 2015 They'd sooner offer a settlement. Your always saying it's about having leverage, right?Of course they offer settlements.I would hardly consider the mention of a phone call that you don't have a recording of as leverage. Quote Share this post Link to post Share on other sites
Harry Seaward 1,283 Report post Posted August 18, 2015 So just to be clear, at this point which should I file: MOTION FOR DISMISSAL OF SUMMARY JUDGMENT? MOTION FOR OPPOSITION OF SUMMARY JUDGEMENT? or MOTION FOR OBJECTION OF SUMMARY JUDGEMENT? Also, when to file MTC? Should I expect a response to my Demand for Arbitration from Midland?What if they don't respond at all? Is an opposition to summary judgment. The judge can only grant or deny a motion. I said "dismiss" but I meant "deny". Sorry for the confusion. File the motion to compel now. Talk about the phone call and how it was clear to you that Midland wasn't going to arbitrate voluntarily (assuming that was in fact clear to you). Attach a copy of the letter you sent, a copy of green certified receipt thing with the post mark showing you sent it, the signature card showing they received it (to get this you might have to contact the post office where you dropped it off) and a copy of the agreement with the arbitration clause. Quote Share this post Link to post Share on other sites
Harry Seaward 1,283 Report post Posted August 18, 2015 I would hardly consider the mention of a phone call that you don't have a recording of as leverage.That's why I said to talk to a lawyer. 1 Quote Share this post Link to post Share on other sites
Anon Amos 2,247 Report post Posted August 18, 2015 That's why I said to talk to a lawyer.If the OP would rather hear it from a lawyer, then by all means, call one.The leverage here may be in the arbitration however, if the case can get there. Quote Share this post Link to post Share on other sites
Harry Seaward 1,283 Report post Posted August 18, 2015 ...if the case can get there.I'm trying. Quote Share this post Link to post Share on other sites
Anon Amos 2,247 Report post Posted August 18, 2015 I'm trying.Agreed. Quote Share this post Link to post Share on other sites
debtzapper 1,273 Report post Posted August 18, 2015 If you want to consult a lawyer, try this firm. Hyde & Swigart | Begin Your Free Evaluation Now!www.westcoastlitigation.com/ Hyde & Swigart | Consumer Protection Attorneys | California | Nevada | Arizona | Colorado | Minneapolis | San ... Quote Share this post Link to post Share on other sites
Panove4 3 Report post Posted August 18, 2015 I don't wanna get even more confuse so could we just stick to the MSJ please and answer below for me? What should the heading be?MOTION FOR DISMISSAL OF SUMMARY JUDGMENT? MOTION FOR DENIAL OF SUMMARY JUDGMENT? MOTION FOR OPPOSITION OF SUMMARY JUDGEMENT? MOTION FOR OBJECTION OF SUMMARY JUDGEMENT?Also, when to file MTC? Should I expect a response to my Demand for Arbitration from Midland?What if they don't respond at all?Can someone please help me, I need to get the MSJ thing in the mail today. Quote Share this post Link to post Share on other sites
Anon Amos 2,247 Report post Posted August 18, 2015 Opposition to summary judgment.You are opposing the MSJ they filed. Quote Share this post Link to post Share on other sites
Anon Amos 2,247 Report post Posted August 18, 2015 Is an opposition to summary judgment. File the motion to compel now. Quote Share this post Link to post Share on other sites
Panove4 3 Report post Posted August 18, 2015 So file two separate motions and mail out the same day? Quote Share this post Link to post Share on other sites
Panove4 3 Report post Posted August 18, 2015 Could someone please post a sample Motion for Opposition of Summary Judgement and a sample Motion to Compel for Arizona? Quote Share this post Link to post Share on other sites
Anon Amos 2,247 Report post Posted August 18, 2015 That's what I would do (regarding post 120). Technically one is an opposition to a motion (opposition to MSJ) and the other is a motion to the court (MTC Arbitration). I would think they are both critical. Read you rules for opposition to MSJ Quote Share this post Link to post Share on other sites
Anon Amos 2,247 Report post Posted August 18, 2015 Could someone please post a sample Motion for Opposition of Summary Judgement and a sample Motion to Compel for Arizona?Google (if not). You can get an idea by looking at one from any state. Also use theirs as a template and make yours look like it but say the opposite (oppose what it says). You were on the right track in post 101 and 104. Quote Share this post Link to post Share on other sites
Panove4 3 Report post Posted August 18, 2015 Is an opposition to summary judgment. The judge can only grant or deny a motion. I said "dismiss" but I meant "deny". Sorry for the confusion. File the motion to compel now. Talk about the phone call and how it was clear to you that Midland wasn't going to arbitrate voluntarily (assuming that was in fact clear to you). Attach a copy of the letter you sent, a copy of green certified receipt thing with the post mark showing you sent it, the signature card showing they received it (to get this you might have to contact the post office where you dropped it off) and a copy of the agreement with the arbitration clause. I have the proof back from the post office.I read in one post you said in AZ, "a Motion to Compel private contractual arbitration is not proper unless 1.) an agreement/contract has been shown with an arbitration clause; and 2.) one of the parties has refused to arbitrate per the agreement. A.R.S. 12-1502(A). Midland has not agreed or refused to arbitrate so do I still file the MTC now? Quote Share this post Link to post Share on other sites
Panove4 3 Report post Posted August 18, 2015 Google (if not). You can get an idea by looking at one from any state. Also use theirs as a template and make yours look like it but say the opposite (oppose what it says). You were on the right track in post 101 and 104. This not a game to me, I'm experiencing real human STRESSFUL emotions here. I was told that post 101 and 104 is incorrect now you saying I was on the right track. What are you guys doing to me? I'm here for help not confusion. Quote Share this post Link to post Share on other sites
