Midland Funding in AZ

[Panove4 3]

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!

[Harry Seaward 1,356]

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

[Harry Seaward 1,356]

 

Is it suppose to look something like this? Should I use the word "Objection" or "Opposition"? 

MARICOPA COUNTY JUSTICE COURT, ARIZONA

MCDOWELL MOUNTAIN JUSTICE COURT

18380 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

[BV80 2,794]

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.

[Harry Seaward 1,356]

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. 

[Anon Amos 2,247]

I doubt midland will hand over its own noose.

[Harry Seaward 1,356]

I doubt midland will hand over its own noose.

They'd sooner offer a settlement. 

Your always saying it's about having leverage, right? 

[Panove4 3]

So just to be clear, at this point which should I file: 

1. MOTION FOR DISMISSAL OF SUMMARY JUDGMENT? 
2. MOTION FOR OPPOSITION OF SUMMARY JUDGEMENT? or
3. 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?

 

[Anon Amos 2,247]

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.

[Harry Seaward 1,356]

So just to be clear, at this point which should I file: 

1. MOTION FOR DISMISSAL OF SUMMARY JUDGMENT? 
2. MOTION FOR OPPOSITION OF SUMMARY JUDGEMENT? or
3. 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. 

[Harry Seaward 1,356]

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. 

[Anon Amos 2,247]

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.

[Harry Seaward 1,356]

...if the case can get there.

I'm trying. 

[Anon Amos 2,247]

I'm trying.

Agreed.

[debtzapper 1,274]

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[Panove4 3]

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?

1. MOTION FOR DISMISSAL OF SUMMARY JUDGMENT? 
2. MOTION FOR DENIAL OF SUMMARY JUDGMENT?
3. MOTION FOR OPPOSITION OF SUMMARY JUDGEMENT? 
4. 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.

[Anon Amos 2,247]

Opposition to summary judgment.

You are opposing the MSJ they filed.

[Anon Amos 2,247]

Is an opposition to summary judgment.

 

File the motion to compel now.

[Panove4 3]

So file two separate motions and mail out the same day?

[Panove4 3]

Could someone please post a sample Motion for Opposition of Summary Judgement and a sample Motion to Compel for Arizona?

[Anon Amos 2,247]

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

[Anon Amos 2,247]

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.

[Panove4 3]

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?

[Panove4 3]

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. 

[Anon Amos 2,247]

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.

 

I think you may have taken that the wrong way, and so I'm sorry if you came to that conclusion. There really are many examples  on google. I just thought it might save you time., and I can't post examples or open documents here. I haven't commented much on your motions here, nor have I said they were wrong. You were close in 101 and 104.  Anything I have said (which hasn't been much) I am simply repeating.

 

I know it's stressful and what it causes people to go thru.

 

I told you to look at the motion they gave you (the MSJ). That shows you not only exactly what it should look like but the exact argument that you need to basically say  the opposite of and / or oppose. I reposted Harry's post saying to oppose the msj and file mtc now, something which has been said several times. And I said to read the rules for opposing MSJ's .

 

I only post here to help defendants beat bottom feeders, it's going to be confusing no matter what, and AZ threads are always a complete mess. I am sorry if I confused or offended you, that was never my intention and I meant absolutely no sarcasm in my post to you.

 

I hope it all works out well and I wish you the best of luck.