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2 hours ago, Brotherskeeper said:

@CandyCLC Did you decide not to include a statement like the one above or below in your motion? Remember this post from 3/21?

 From SCAO MC 325 form for requesting a hearing on a motion. Please note #4 " I certify that I have made personal contact with_________________ on __________regarding concurrence in the relief sought in this motion and that concurrence has been denied or that I have made reasonable and diligent attempts to contact counsel requesting concurrence with this motion."

 

(IANAL) Including a variation of the statement (from the 3/26 quote box or SCAO form above) about the proposed order in your MTC, that complies with #4 on the SCAO hearing request form and MCR 2.119, is advisable. It would be good to include the date you mailed the proposed order to plaintiff's attorney. This "concurrence sought" statement should go at the end as the final numbered paragraph of the MTC.  

 

I didn't add this YET because I have not heard from the lawyer about it, , and I did request email communications. I want to give them enough time to respond to the proposed order, and I did keep the fax report, before I add it but if I am going to file this in the next few days, I am going to have to include that they denied concurrence. I never expected them to respond to the arb election letter either but thought maybe they would send something by now. But then again they couldn't be bothered to attach anything in the way of proof to the summons so I shouldn't be surprised really.

I am adding the statement to my MTC about sending the proposed order, and I don't believe for a second that they will respond to anything I have mailed. I feel like 5 days is long enough for them to have communicated back to me about the proposed order, and I can wait until Thursday to file even though I would rather do it Tuesday or Wednesday, but in good faith I will give them time. Plus it will give me a couple extra days to go over my documents with a fine toothed comb.

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Quick update, still nothing from the Lawyer, I am going to post my final drafts for extra sets of eyes to catch anything and then I am going to print everything and put them in the binder, ready to take to the clerk Thursday. I thought about going tomorrow (Wednesday) but my husband is home and he is only here once a month for a couple days or so and we have errands related to his work to do. I have until Friday to file. I'm making corrections now and will post the MTC In Lieu and Affidavit later tonight.

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Final Draft for MTC

-------------------------------------------------------------------------------------------------

 

 

 

 STATE OF MICHIGAN

IN THE XXX DISTRICT COURT, XXXXX COUNTY

  

 

LVNV FUNDING, LLC

 

          Plaintiff

 

VS                                                                                                       Case No: XX-XXXXXX

CANDYCLC

 

            Defendant

 

 

DEFENDANT’S MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND DISMISS, OR IN THE ALERNATIVE, STAY PROCEEDINGS PENDING ARBITRATION, IN LIEU OF AN ANSWER

 

      NOW COMES , CandyCLC, Defendant in pro se, and hereby moves this Honorable Court to compel private contractual arbitration based on the Credit One Bank , N.A. Cardholder Agreement, (" the Agreement"), pursuant to MCR 2.116(C)(7), MCR 2.119, the Federal Arbitration Act ("FAA"), 9 U.S.C. § 1, et seq., and the Michigan Uniform Arbitration Act, MCL 691.1681- 1713, as grounds and authority.  Pursuant to MCR 2.108(A)(1) and MCR 2.111(F)(2), Defendant in pro se is filing this Motion in lieu of filing an Answer and states the following:

 

1.   On March 16, 2018, Defendant was personally served with the Summons and Complaint in the above-captioned matter. Plaintiff claims it is an assignee of Defendant's account with Credit One Bank, N.A., and seeks to collect an account stated balance. None of the documents referred to in the Complaint were attached as exhibits.  DEFENDANT has located a copy of said agreement and attached it as Exhibit “A" a copy of the purported Cardholder Agreement (hereto referenced as “Agreement”).

2. The "Agreement" states "Either you or we may, without the other's consent, require that any controversy or dispute between you and us (all of which are called “Claims”) be submitted to mandatory, binding arbitration. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by, and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §1 et seq., and to the extent of the State law is applicable, the State Law governing the card agreement. " (Page 9 Paragraph 5 Exhibit A)

3. The "Agreement" states which Claims are covered in the Arbitration Agreement: "Not only ours and yours, but also claims made by or against anyone connected with you or claiming through you, such as co-applicant or authorized user of your account, agent, representative or heirs,  or a trustee in bankruptcy. Similarly, Claims subject to arbitration include not only Claims that relate directly to us, a parent company, affiliated company, and any predecessors and successors (and employees, officers, and directors of all of these entities". (Page 6 Paragraph 5) Exhibit A

 

4. The “Agreement” states What time frame applies to Claims subject to arbitration? "Claims arising in the past, present, or future" (Page 6 Paragraph 5) Exhibit A

 

5.  Additionally, the agreement states that “The party filing arbitration must choose an administrator, which can be either the American Arbitration Association  (“AAA”),  or JAMS."  (Page 7 Paragraph 1) Exhibit A

 

 

 6The "Agreement" states "You or we may bring an action, including a summary or expedited motion, to compel arbitration of Claims, or to stay the litigation of Claims pending arbitration, in any court having jurisdiction. Such action may be brought at any time, even if such claims are part of a law suit." (Page 7 Paragraph 5) Exhibit A

 

7. The FAA and the USC have determined that there is an absolute right to arbitration, if a contract contains a clause allowing for private contractual arbitration in lieu of litigation.

 

8.  The DEFENDANT has therefore officially elected for private arbitration with JAMS, and has sent notification to the last known address of Council for PLAINTIFF, as well as in the Court documents, here attached as Exhibit “B”.  All claims of the Plaintiff, therefore, as delineated in the “Agreement” are subject to arbitration. 

 

9. The attorney for the Plaintiff was contacted for concurrence with this motion on March 28, 2018 and did not respond.   

 

   Pursuant to MCR 2.108(A)(1), MCR 2.108(B), and MCR 2.108(C)(1) [D]efendants are entitled to file their motion to dismiss in lieu of filing an answer to plaintiffs' complaint. See Huntington Nat'l Bank v Ristich, 292 Mich App 376, 387-388; 808 NW2d 511 (2011); DeCaminada v Coopers & Lybrand, LLP, 232 Mich App 492, 494-496; 591 NW2d 364 (1998).

    Pursuant to 9 U.S.C. § 1, et. seq., DEFENDANT moves this court for judicial relief to enforce the arbitration provision contained in the “Agreement”.

    Pursuant to MCR 3.602©, DEFENDANT moves this Court for a stay of these proceedings pending the outcome of its motion, and pursuant to , DEFENDANT moves this Court for a stay of these proceedings pending the outcome of the arbitration proceeding.

   WHEREFORE, DEFENDANT respectfully moves this honorable Court for (i) an Order compelling PLAINTIFF to arbitrate, according to terms set forth in the “Agreement”, their claims set forth in their Complaint, (ii) an Order staying these proceedings pending the Court’s resolution of the motion, and (iii) an Order staying these proceedings pending the outcome of the private arbitration proceedings.

 

 

                                                                                                Respectfully submitted,

 

_____________                                                                      _________________________

Dated                                                                                      CandyCLC, Pro Se

 

 

 

 

CERTIFICATE OF SERVICE

I certify that on this date I served a copy of this Motion to Dismiss, or in the Alternative, Stay Case and Compel Arbitration In Lieu of Answer on the plaintiffs or their attorneys by certified first-class mail addressed to their last-known address(es) as defined in MCR 2.107©(3). 

__________________Date ___________________________________Signed

 

 

  

 

 

 

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Final Draft for Affidavit

-----------------------------------------

 

STATE OF MICHIGAN

IN THE XXX DISTRICT COURT, XXXXXCOUNTY

AFFIDAVIT OF CANDYCLC

Case No: XX-XXXXXX

 

 

 

     NOW COMES Defendant in Pro Se, CandyCLC, whose residence is XXXXXXXXXXX, MI xxxxxxx certifies and says:

1. I am a resident of the State of Michigan, XXXXX County, and I am a competent person over 18 years of age.  This affidavit is voluntarily made on my personal knowledge and, if sworn as a witness, I can testify to the facts in this affidavit.

2.  On March 16, 2018, I was personally served at my residence with a copy of the Summons and Complaint in the above-captioned matter. Plaintiff claims it is an assignee of Defendant's account with Credit One Bank, N.A., and seeks to collect an account stated balance. None of the documents referred to in the Complaint were attached as exhibits.

3.  A true and correct copy of the applicable  2016 Credit One Bank Cardholder Agreement that governs the alleged account at issue that was submitted to the Consumer Financial Protection Bureau by Credit One Bank, N.A., as required by Regulation Z, 12 CFR § 1026.58(c) and the Truth in Lending Act, 15 USC § 1632(d), is attached as Exhibit A. For the convenience of this Court, I have highlighted the section of the agreement that contains the Arbitration Clause, found on pages 6-7. 

4. I elect to exercise my contractual right to have the disputes of this account and the disputed amount of $XXX.XX to be resolved by a JAMS arbitrator rather than in this Court. 

5.  I prepared a written notice of my election of arbitration in the Judicial Arbitration and Mediation Services, Inc.(JAMS) forum to resolve the parties' disputes. The notice was sent to Plaintiff via its attorney by USPS domestic certified mail on March 23, 2018, and was delivered on March 26, 2018.  True copies of the written election notice and the signed USPS return receipt are attached as Exhibit B. 

6. I contacted the Plaintiff on March 28, 2018 by FAX with  a [Proposed] Order To grant my motion to compel Arbitration to try to come to consensus, and also mailed a copy to the Plaintiff by USPS first class mail, but there was no response. A copy of the FAX cover sheet and transmission record are attached as Exhibit C.

 

I certify under penalty of perjury that the foregoing statements are true and correct.

 Dated: April x, 2018   

_________________________

CandyCLC

 

STATE OF MICHIGAN

COUNTY OF XXXXX

Signed and sworn to (or affirmed) before me on:_____________________

My commission expires on:___________

(seal)                                                                                                                                            _________________(Notary's signature)                                                                                           Notary Public

 

  

 

 

 

  

 

 

 

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On 4/4/2018 at 2:08 AM, CandyCLC said:

1.   On March 16, 2018, Defendant was personally served with the Summons and Complaint in the above-captioned matter. Plaintiff claims it is an assignee of Defendant's account with Credit One Bank, N.A., and seeks to collect an account stated balance. None of the documents referred to in the Complaint were attached as exhibits.  DEFENDANT has located a copy of said agreement and attached it as Exhibit “A" a copy of the purported Cardholder Agreement (hereto referenced as “Agreement”).


2.     Defendant obtained a copy of the applicable 2016 Credit One Bank, N.A. Cardholder Agreement, (the "Agreement"), from the Consumer Financial Protection Bureau (CFPB) database at https://www.consumerfinance.gov/credit-cards/agreements/. Under Section 204 of the Credit CARD Act of 2009, Credit One Bank, N.A.is required to provide copies of its written agreements to the CFPB so as to be easily accessible and retrievable by the public. A true and correct copy of the applicable Agreement is attached to the Affidavit of  CandyCLC filed and served herewith as Exhibit A, and incorporated herein by reference. 

 

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On 4/4/2018 at 2:08 AM, CandyCLC said:

2. The "Agreement" states "Either you or we may, without the other's consent, require that any controversy or dispute between you and us (all of which are called “Claims”) be submitted to mandatory, binding arbitration. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by, and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §1 et seq., and to the extent of the State law is applicable, the State Law governing the card agreement. " (Page 9 Paragraph 5 Exhibit A)

 

3. Defendant sent a letter via USPS certified mail return receipt requested to Plaintiff's attorney, delivered on March 26, 2018, electing arbitration with Judicial Arbitration and Mediation Services, Inc. (JAMS) and requesting dismissal or stay of this case pending arbitration. True copies of the written election notice and the signed USPS return receipt are attached to the Affidavit of CandyCLC filed and served as Exhibit B. Defendant received no response from Plaintiff to her arbtiration election notice prior to the filing of this Motion. 

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4. In lieu of filing an answer to Plaintiff's Complaint, Defendant moves this court to compel binding Private Arbitration based on the terms and conditions of the Agreement (Exhibit A), pursuant to MCR 2.108(A), 2.108(B), 2.116(C)(7), 2.116(D)(2). "[D]efendants are entitled to file their motion to dismiss in lieu of filing an answer to plaintiffs' complaint." See Huntington Nat'l Bank v Ristich, 292 Mich App 376, 387-388; 808 NW2d 518 (2011); DeCaminada v Coopers & Lybrand, LLP, 232 Mich App 492, 494-496; 591 NW2d 364-367 (1998).

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On 4/4/2018 at 2:08 AM, CandyCLC said:

2. The "Agreement" states "Either you or we may, without the other's consent, require that any controversy or dispute between you and us (all of which are called “Claims”) be submitted to mandatory, binding arbitration. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by, and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §1 et seq., and to the extent of the State law is applicable, the State Law governing the card agreement. " (Page 9 Paragraph 5 Exhibit A)

5. The parties are bound by the Cardholder Agreement. The Agreement states, "Either you or we may, without the other's consent, require that any controversy or dispute between you and us (all of which are called “Claims”) be submitted to mandatory, binding arbitration. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by, and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §1 et seq., and (to the extent State law is applicable), the State law governing the Card Agreement." ( Exhibit A, page 9  paragraph 5)

 

 6. The Federal Arbitration Act (FAA) 9 USC, §2 provides:

“A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract, transaction, or refusal, shall be valid, irrevocable and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract.”

 

7. The Supreme Court emphasized in its decision in AT&T Mobility L.L.C. v. Concepcion, 563 U.S. 333 (2011), that courts must enforce arbitration agreements according to their terms. If there is an arbitration clause in the contract, that clause must be honored.

"We have described this provision as reflecting both a “liberal federal policy favoring arbitration,” Moses H. Cone , supra, at 24, and the “fundamental principle that arbitration is a matter of contract,” Rent-A-Center, West, Inc. v. Jackson , 561 U. S. ____, ____ (2010) (slip op., at 3). In line with these principles, courts must place arbitration agreements on an equal footing with other contracts, Buckeye Check Cashing, Inc. v. Cardegna , 546 U. S. 440, 443 (2006) , and enforce them according to their terms, Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ. , 489 U. S. 468, 478 (1989) ."

Furthermore, "The “principal purpose” of the FAA is to “ensur[e] that private arbitration agreements are enforced according to their terms.” Volt , 489 U. S., at 478; see also Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp. , 559 U. S. ___, ___ (2010) (slip op., at 17). This purpose is readily apparent from the FAA’s text. Section 2 makes arbitration agreements “valid, irrevocable, and enforceable” as written (subject, of course, to the saving clause); §3 requires courts to stay litigation of arbitral claims pending arbitration of those claims “in accordance with the terms of the agreement”; and §4 requires courts to compel arbitration “in accordance with the terms of the agreement” upon the motion of either party to the agreement . . . " Id.

 

On 4/4/2018 at 2:08 AM, CandyCLC said:

3. The "Agreement" states which Claims are covered in the Arbitration Agreement: "Not only ours and yours, but also claims made by or against anyone connected with you or claiming through you, such as co-applicant or authorized user of your account, agent, representative or heirs,  or a trustee in bankruptcy. Similarly, Claims subject to arbitration include not only Claims that relate directly to us, a parent company, affiliated company, and any predecessors and successors (and employees, officers, and directors of all of these entities". (Page 6 Paragraph 5) Exhibit A

8.  The Arbitration Agreement further states under Claims Covered:, "Any questions about what Claims are subject to arbitration shall be resolved by interpreting this Arbitration Agreement in the broadest way the law will allow it to be enforced." "Claims subject to arbitration include not only Claims made directly by you..." but also include, "Claims that relate directly to us, a parent company, affiliated company, and any predecessors and successors (and employees, officers, and directors of all of these entities)." (Exhibit A, page 6 paragraph 5) 

 

9. The Arbitration Agreement also states in "Enforcement, Finality: You or we may bring an action, including a summary or expedited motion, to compel arbitration of Claims subject to arbitration, or to stay the litigation of any Claims pending arbitration, in any court having jurisdiction. Such action may be brought at any time, even if any such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered." (Exhibit A, page 7 paragraph 5)

 

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20 minutes ago, CandyCLC said:

I will get correcting. :D

I've got a few more Michigan citations for the motion ending. Will get this in later tonight. IANAL but I believe incorporating fisthardcheese's motion to compel has worked very well. The template you based your motion on is several years old. Citing the US Supreme Court ruling in AT&T Mobility is key.

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3 minutes ago, Brotherskeeper said:

I've got a few more Michigan citations for the motion ending. Will get this in later tonight. IANAL but I believe incorporating fisthardcheese's motion to compel has worked very well. The template you based your motion on is several years old. Citing the US Supreme Court ruling in AT&T Mobility is key.

Thank you, I will be up late late so no rush!

Today I got the big envelope to send to the Plaintiff, binder clips for when go to to file, $ for notary, filing the motion and for mailing the packet to the plaintiff. I also got a portfolio thing with the different packets and tabs instead of a binder, to hold it all. Printing and putting everything in the right folder. I hope to have everything but the copy of the notarized affidavit because I need to get it notarized, then I will make copies. It's weird that I am feeling excited about this. I can't believe how different I feel now vs. when I found this site and was scared to death.

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52 minutes ago, CandyCLC said:

I can't believe how different I feel now vs. when I found this site and was scared to death.

Panic is the culprit. Once that subsides, there's room to begin to grasp the process, the steps and the timeline for decision-making. That's why it's smart to continue to reread your thread and Fist's arb sticky; the more you read, the more you pick up. If you can get into your judge's courtroom to observe on a motion day, you'll be better prepared for that ordeal. 

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10.    The Federal Arbitration Act (FAA), 9 U.S.C. §§ 1-15, governs actions in both federal and state courts arising out of contracts involving interstate commerce. Burns v. Olde Discount Corp., 212 Mich App 576, 580, 538 N.W.2d 686 (1995). State courts are bound under the Supremacy Clause, US Const, art VI, § 2, to enforce the substantive provisions of the federal act. Kauffman v Chicago Corp, 187 Mich App 284, 286; 466 NW2d 726 (1991). To ascertain the arbitrability of an issue, a court must consider whether there is an arbitration provision in the parties' contract, whether the disputed issue is arguably within the arbitration clause, and whether the dispute is expressly exempt from arbitration by the terms of the contract. Burns, supra, at 580.  Any doubts about the arbitrability of an issue should be resolved in favor of arbitration. Id. In the present case, all three of the requisites to arbitration are established.  There is a written arbitration clause that is part of a valid written contract.  The claims at issue fall under the scope of the arbitration clause. Defendant, at the first opportunity, has sought to compel arbitration as permitted in the Agreement's "Enforcement" section.  (Exhibit A, page 7 paragraph 5)

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11.  The attorney for Plaintiff was contacted for concurrence with the relief sought in this Motion. A copy of the Proposed Order that accompanies this Motion was served by FAX on March 28, 2018, and by USPS first class mail.  Defendant received no response from Plaintiff. True copies of the FAX cover sheet and transmission record are attached to the Affidavit of CandyCLC filed and served as Exhibit C.

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     WHEREFORE, for the foregoing reasons, Defendant respectfully requests that this Honorable Court grant this Motion to compel Plaintiff to arbitrate all of its claims alleged in the Complaint per the terms of the Arbitration Agreement and dismiss this action.  In the alternative, the Court should order that this action be stayed pending completion of private contractual arbitration in JAMS.

 

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@CandyCLC Under Michigan court rules, when you have a motion like your MTC in lieu of answer, you should submit a brief in support of your motion. However, a court need not reject a motion without an accompanying brief if the grounds and authority are cited in the motion. (Somewhere I've posted the case cite for this.)  The above suggestions I've offered attempt to satisfy this to spare a written brief. 

I think your affidavit needs a little minor tweaking. I'll visit this in the morning, if it isn't too late for you. 

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I made all the changes so far!In the mean time I want to double check that my spacing is right - I have single space for paragraphs (i.e. a case law that has many sentences) and then a double space in between each numbered statement.

I still have time for minor tweaks to the Affidavit. I am also going to read on here about that brief and might write one up just in case, I would rather have one and not need it than to not have one at all.

My final question, because I still can't seem to find this answer anywhere, when I label the judges copies, does it need to be on every page or generally just the first one? I at least know the rules allow that to be hand written.

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As a quick aside, in my readings so far, a brief would have almost everything that is written in my motion, so I would be repeating some of the same case laws on it as the arguments in support. It's overkill to my eyes but I will do it anyway because better safe than sorry.

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9 hours ago, CandyCLC said:

I made all the changes so far!In the mean time I want to double check that my spacing is right - I have single space for paragraphs (i.e. a case law that has many sentences) and then a double space in between each numbered statement.

Follow the style of the header on your Complaint for your header. Single spacing is used under the attorney/defendant address information. Double-spacing is used throughout the body of the motion--except for block quotes of text more than a few sentences. Block quotes are single-spaced and indented.

Font size is 12 point. Only the case names are italicized in a court case citation "CandyCLC v LVNV, 256 Mich App, 123 (2018)," or "CandyCLC at 20."  You must be consistent and proofread.  If you're quoting from a ruling, you quote exactly as it is written. If you add any bolding or italicization, you must note (Emphasis added.) at the end. 

9 hours ago, CandyCLC said:

My final question, because I still can't seem to find this answer anywhere, when I label the judges copies, does it need to be on every page or generally just the first one? I at least know the rules allow that to be hand written

The answer to this question is posted in your thread. 

Motion Practice MCR 2.119 (A)(2)(d)

(d) A copy of a motion or response (including brief) filed under this rule must be provided by counsel to the office of the judge hearing the motion. The judge's copy must be clearly marked JUDGE’S COPY on the cover sheet; that notation may be handwritten.

(3) A motion and notice of the hearing on it may be combined in the same document.

(4) If a contested motion is filed after rejection of a proposed order under subrule (D), a copy of the rejected order and an affidavit establishing the rejection must be filed with the motion. (Candy--This rule is why you have to include the proposed order statement in your affidavit and motion.)

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On 4/5/2018 at 1:33 AM, CandyCLC said:

As a quick aside, in my readings so far, a brief would have almost everything that is written in my motion, so I would be repeating some of the same case laws on it as the arguments in support. It's overkill to my eyes but I will do it anyway because better safe than sorry.

Respectfully, I do not believe you could draft a quality brief in a day. Here's the citation from the Judge's Benchbook:

"However, a trial court need not deny a motion if it is filed without a brief, if the motion itself contains citations to legal authority supporting its proposition. Woods v SLB Prop Mgmt, LLC, 277 Mich App 622, 625-626, 750 N.W.2d 228 (2008)." 

IANAL. Several Michigan posters have used the basic MTC template that appears in Linda7's and Fist's pinned arb threads, with some modification for Michigan rules, and have had the motion granted. Other posters from other states are using this template and prevailing. FAA, US Supreme Court AT&T Mobility v Concepcion, and state laws to enforce contracts as written are strong arguments. 

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Okay I made a cover sheet for the Judge's copies, I am printing everything except the Affidavit per some last minute tweaks. I DID find out that the clerks office will notarize for free so I will have it done there.

As for the brief, yeah I was reading some from other cases not related to debt and I thought well the MTC is very thorough on the laws and should be enough.

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@CandyCLC How did you label your exhibits? You can handwrite on the first page Exhibit A. etc. Or, you can take a blank page and center a large font size in bold no underline, Exhibit A on it as a cover page. Either one works. Also, are you numbering your motion pages, starting at page 2? 

 

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16 hours ago, Brotherskeeper said:

 6. The Federal Arbitration Act (FAA) 9 USC, §§ 1-2 provides:

“A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract, transaction, or refusal, shall be valid, irrevocable and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract.”

Oops, caught a mistake. Section 2 is the quote here. This should be 

6. The Federal Arbitration Act (FAA) 9 USC, §2 provides:

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2 minutes ago, Brotherskeeper said:

@CandyCLC How did you label your exhibits? You can handwrite on the first page Exhibit A. etc. Or, you can take a blank page and center a large font size in bold no underline, Exhibit A on it as a cover page. Either one works. Also, are you numbering your motion pages, starting at page 2? 

 

I planned on writing it on the first pages. Yes pages are numbered on the MTC.

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