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LanLanLan

Motion to Compel Private /Contractual Arbitration was DENIED

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@BV80 I still stand by my opinion of going with an interlocutory appeal.  I think that is the best bet here.  A higher court judge may be more reasonable and may accept the argument that while OP filed an affidavit saying they have no memory signing a contract, the fact that Plaintiff is asserting a contract with an arb provision, defendant still has a right to use that provision.

 

My only other suggestion is to proceed with trial and use the judge's own decision as my basis for my defense.  If plaintiff can not produced a SIGNED contract, then they have no case.  That is what the judge told the Op, the same standard should hold true for the plantiff.

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@fisthardcheese

 

I agree about the appeal.  However, the judge did not say that the OP didn't have a signed contract.  The judge was referring to what the OP said in his affidavit.  The OP said in his affidavit that he didn't sign a contract (meaning he didn't have a contract with them).

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@fisthardcheese

 

I agree about the appeal.  However, the judge did not say that the OP didn't have a signed contract.  The judge was referring to what the OP said in his affidavit.  The OP said in his affidavit that he didn't sign a contract (meaning he didn't have a contract with them).

 

Yes, the OP said that in the affidavit but the argument that should have been made when the Judge ruled as he did and the attorney barked that the Defendant was claiming no contract was:  "I say I didn't enter into the contract but the Plaintiff is asserting I did.  What contract are they asserting exists?  If they can't produce one then MSJ for Defendant right then and there.  If they DO produce one then point to the arbitration section and state if they are claiming this is the contract/agreement then you want arbitration per that section"  game over.  

 

The Michigan courts are creditor friendly and they played on the OP's fear and lack of knowledge.  Now he has some extra hoops to jump through to get the same results.

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