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Okay any more thoughts of the affidavit?

I just want to thank you again which I am sure I will do many more times, you are a national treasure BK!

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On 4/4/2018 at 2:52 AM, CandyCLC said:

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.

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. None of the documents referred to in Plaintiff's Complaint were attached as exhibits. The Complaint alleges that a copy of the Credit One Bank, N.A. agreement at issue to " the best of Plaintiff's knowledge, is in Defendant's possession."  I did not have a copy of the alleged agreement in my possession 

.

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On 4/4/2018 at 2:52 AM, CandyCLC said:

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.

3. I obtained a copy of the applicable 2016 Credit One Bank, N.A. Cardholder Agreement from the Consumer Financial Protection Bureau (CFPB) database at  https://www.consumerfinance.gov/credit-cards/agreements/. (accessed on March ??, 2018.) 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 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.

@CandyCLC Ugh. I can't disable the hotlink on the web address. Don't put a hotlink in your affidavit. Citation manual rules for Internet citations say you have to include the date you accessed the website. 

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On 4/4/2018 at 2:52 AM, CandyCLC said:

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.

6.  I sought concurrence with Plaintiff prior to filing this Motion. A copy of the [Proposed] Order was sent by FAX to Plaintiff's attorney on March 28. 2018, and a copy was also served by USPS first class mail. I received no response. True copies of the FAX cover sheet and transmission record are attached as Exhibit C.

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@CandyCLC I want to remind you that I'm not an attorney, don't play one on TV or in an Internet forum, and offer my suggestions/opinions about arbitration motions based on the experience of others here and my own research. As always, where possible I try to link to my resource information so you and others may verify and/or form your own opinions. 

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I did it! I filed this afternoon. I went straight to the clerk because I needed notary but they sent me to the district court office down the hall. Not a whole lot of space there! 

Things to Note: 

1. They did not ask for my hearing request. She told me that I would use that if/when the motion is granted.

2. My binder clips were completely unnecessary but it kept everything separate for me so I’m glad I got them.

3. She did not ask for a brief in support.

4. I’m almost positive that it’s extremely rare that anyone has filed a motion to compel on lieu of an answer, the main lady had to ask help on how to enter it. I’m willing to wager that this court probably hasn’t seen an arbitration election. 

I almost forgot to sign a couple of things but turned around and walked back in just on case. Good thing I did.

@Brotherskeeper you are the absolute best, I honestly would like to thank you with a gift of homemade cookies. Your help to me has been immeasurable!

 

Court date for pre-trial conference is set for April 30. So now we wait for settlement offers or even better, dismissal. 

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10 hours ago, CandyCLC said:

Things to Note: 

1. They did not ask for my hearing request. She told me that I would use that if/when the motion is granted.

It appears your judge will decide if she requires a hearing (oral argument) on your motion before ruling (granting or denying) on it. You will be notified if a hearing needs to be noticed (scheduled). If plaintiff does not file a motion response in opposition, a hearing may not be needed. 

10 hours ago, CandyCLC said:

3. She did not ask for a brief in support.

A clerk files your papers. She would not ask you for it. Many motions require no briefs. Your judge may require parties to file briefs. Not likely in your case.

10 hours ago, CandyCLC said:

4. I’m almost positive that it’s extremely rare that anyone has filed a motion to compel on lieu of an answer, the main lady had to ask help on how to enter it. I’m willing to wager that this court probably hasn’t seen an arbitration election. 

You may be right. Arbitration motions are common in employment and construction disputes where I live.  

@CandyCLC One way for you to help this site is to post your final drafts (with personal info redacted) of your motion and affidavit, so that we have a template for Michigan members coming along behind you. Keep us posted on all developments. If you end up in a hearing on your motion, you need to prepare your arguments. In the whirlwind of filing your papers, you may not have had the chance to truly grasp the arguments you've made. 

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I am going to get the word documents edited so I can share them, my DSL internet has been going in and out for the last 4 days, so i will get them when I have actual signal. Man I wish I could get a different company out here in the middle of nowhere!

One thing I will say about the help offered here on this site for anyone coming after me or with a near similar case in Michigan: When someone helps you by giving you site cases, take the time to READ the cases and make sure they apply, not only will you learn more about law but you will also be making sure that it makes sense to include them. In my experience, the vast majority of the last three weeks was spent reading many threads here but just as many hours reading the cases that I was going to cite. I wanted to invest time in understanding because it helped me learn more but also gave respect to the people who did the research and found the cases and laws for me. I now know what the veteran posters here meant by taking my time and reading, and re-reading everything until my eyes cross.

I want to have my arguments in support of my MTC ready for te pre-trial conference in case the judge decides to skip the hearing on the motion itself . This is also why I want to sit in on some cases at the court, specifically for civil cases like mine. If I get lucky maybe there will be a fighter that doesn't default and I can take notes.

I will get those documents up, I could copy and paste them here but I think if I could get them in link form it will be easier.

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Last comment for the night - The clerks were appreciated my attention to details. She asked me to show her everything I had and I did in the form of the most current USPS receipt for the packet I sent to the lawyer just before I got there, the MTC/Affidavit packet for the court, and she immediately went to make copies of that and didn't ask for my Judge's copy stack at first, I thought wow that's interesting. So then I mentioned that I had a stack for the judge, and she said okay I can take that, just write in big letters Judege's Copy. I then showed her the custom made cover sheet I made for the judge and asked if that would work and she said perfect. The request for hearing for motion and the notice of hearing sheets were not needed, the notice especially, because apparently this court spits out a notice automatically when a motion is filed and a date is chosen, and it gets sent to the Plaintiff. I am holding on to the motion hearing forms just in case but from what I saw today, they handle that in house and I don't have to supply them. I took more paperwork than was probably necessary but I wanted to be thorough, and they seemed to appreciate it. I was still really nervous walking in but they were really nice, the only question she asked was if I was prepared to pay the $20 fee for the motion today and I pointed to the $20 bill I had on the counter. I signed the affidavits and forms, she notarized them and said she would get the copy of the motion filing out to the plaintiff. I thanked her so much for making my first experience a positive one. Even when I had to walk back in to double check that I signed everything, they were very nice.

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

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.

@CandyCLC IMO This section of your motion should have been deleted. This isn't that important for your motion, but anyone coming along behind should probably clean this up. It's redundant in part, and asks the court to stay the case rather than dismiss it. Your MTC in lieu actually asks for dismissal ((is brought forth under MCR 2.116(C)(7)--an agreement to arbitrate bars the claim, like a statute of limitations defense would), with staying the case being the alternative. Also, MCR 3.602 isn't mentioned as grounds anywhere else in your motion. The Credit One arbitration agreement clause states that the FAA controls; Michigan contract law is used as a threshold to determine if a valid contract exists, is enforceable, and the dispute falls within the terms arbitratable.  ((If the agreement falls under federal law, state courts apply the FAA, which preempts conflicting state law only “to the extent that [state law] stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress” (Volt Info. Scis., Inc. v. Bd. of Trs. of Leland Stanford Junior Univ., 489 U.S. 468, 476-77 (1989).) 

Did you send a notarized copy of your affidavit in the motion packet sent to Plaintiff? 

Thank you for posting your documents. So often posters don't do this. They sometimes disappear and we have no idea how things turned out for them. It's important for all of us to know whether these filed drafts succeed or fail, so we continue to learn, and for this site to offer evidence-based advice. 

 

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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 appearing 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 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. 

     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. 

     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 arbitration election notice prior to the filing of this Motion. 

     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), and 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).

     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.

     8.  The Arbitration Agreement further states, in pertinent part, 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)

     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)

     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.

     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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A notarized copy was sent to the Plaintiff through the court, They asked if I had sent the Plaintiff copies of the motion before I signed the proof of service in front of them, and the affidavits were signed in front of them. They filed the copies they personally made with the court, kept the judge's copies for the judge (notarized) and the original set I handed them the first time was notarized and almost immediately put in the envelope with the copy of the filing and court date notice being sent to the Plaintiff. The only copy that isn't notarized is my own here at home. The way it worked out, the Plaintiff will be getting two sets of paperwork, one from me and one from the court.

4 hours ago, Brotherskeeper said:

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).

This particular section was to cite some cases where I can show that I was entitled to motion in lieu because I wanted something to support that. The other two were probably redundant, you are probably correct.

 

I planned on calling the Lawyer for Plaintiff on Monday to get permission for emails, mostly because it can save time and money sending communications back and forth, but since they didn't respond to the arb election letter or proposed order, I am not sure they will but I can at least try. And of course I will report here ANYTHING that transpired both good and bad. even if I lose the motion, I am really proud that I took the time to learn so much here and be part of the 1% of people who answer summons and the even smaller percentage that came out the gates with motions. LVNV knows I am not an easy payday for them, and even if I lose, I am proud that I decided to fight.

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1 hour ago, CandyCLC said:
6 hours ago, Brotherskeeper said:

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).

This particular section was to cite some cases where I can show that I was entitled to motion in lieu because I wanted something to support that. The other two were probably redundant, you are probably correct.

You already covered these same citations in paragraph 4 of your motion:

5 hours ago, Brotherskeeper said:

 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), and 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).

 

1 hour ago, CandyCLC said:

They filed the copies they personally made with the court, kept the judge's copies for the judge (notarized) and the original set I handed them the first time was notarized and almost immediately put in the envelope with the copy of the filing and court date notice being sent to the Plaintiff.

In the future, it's best practices for you to have a true copy of everything you file with the court; you should have a copy of the notarized original affidavit you filed.  What court date notice is this? 

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1 hour ago, CandyCLC said:

even if I lose the motion, I am really proud that I took the time to learn so much here and be part of the 1% of people who answer summons and the even smaller percentage that came out the gates with motions. LVNV knows I am not an easy payday for them, and even if I lose, I am proud that I decided to fight.

:)% You are asserting your rights. 

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4 hours ago, CandyCLC said:

I just received a letter from a bankruptcy attorney offering her services in regards to my case. :lol:

This is classic!  I guess there's always an opportunist out there who scans public records to find potential clients.  It's probably the only way they can get new business.

@Brotherskeeper has done a great job guiding you through this maze.  You've done a tremendous job, too, Candy.  Keep up the excellent work!

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On 4/7/2018 at 5:45 PM, Brotherskeeper said:

What court date notice is this? 

The April 30th pre trial. My court apparently sends them a notice to appear along with a copy of the notice that a motion was filed, and in my case, a copy of the motion and affidavits too. I was still required to send a copy myself but when I was asking them permission to see the documents again to make sure I signed everything, they had already folded the set of papers that were going in the envelope with the plaintiffs notices to be mailed that day.

I don’t know if it’s normal for every court but mine took copies right away of the stack I handed them specifically for the court, they filed the original set with the court, put the copies in the stack for the plaintiff, then later took the stack for the judge. She explained that this is why she didn’t need my hearing notice sheet that I brought because when I filed, the system spit out two appear notices, one for myself and one for the plaintiff. It could be that it’s only for the pre trial conference and they may want that hearing notice paper after the motion is granted. I don’t know but I plan to find out, when I can get to the court to watch some cases. Also thank you for the advice, I hope and pray that they aren’t too annoyed by my repitition at the end of the motion. I hope people taking cues from my MTC will heed your corrections! Because it’s great advice :)

In other news my WiFi at home is fixed! However my car is having issues. No worries though, I won’t be missing that conference. My son had to go to urgent care today so I couldn’t call the lawyer, but will tomorrow. Nothing else in the mail as of yet.

 

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12 hours ago, CandyCLC said:

My son had to go to urgent care today so I couldn’t call the lawyer, but will tomorrow. Nothing else in the mail as of yet.

Hope all is well with your son. It's your choice, but I wouldn't be in any hurry to call the attorney. S/he has received your arb election letter, the proposed order and soon the motion papers. If the attorney wants to reach you, s/he knows where to call. The judge needs to decide if/when a hearing on your MTC is to be held. The plaintiff hasn't had a chance to weigh in yet. Candy, I would advise you not to enter into any settlement discussions or make any decisions without returning here for some opinions and guidance. (IANAL) At this moment, you are in a position of some strength. The judge and the opposing party require time.  

 

 

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Update, just got out of court. No rent a lawyer that didn’t have the info, this one was prepared, they definitely knew I filed a motion for arbitration. Lawyer was a nice guy. They always are when they want to talk settlement. I laughed at him when he mentioned the costs of Arb. I said I know exactly how much it costs. I bet he’s never seen anyone in this county even know legal terms. 

Settled for a 150 in exchange for dismissal w/o prejudice. I got what I wanted but because I showed them I wasn’t playing, their paperwork states that when I pay, they won’t be suing again and it’s gone. Yes I know that’s not the same as a dismissal with prejudice signed by a judge but they absolutely know I’m not afraid to enforce the Arb and the lawyer even mentioned it to the judge. He said he’s never seen anyone do that much leg work before pre-trial. I said I wanted things done on my own terms, laid them out. They Accepted. 

Keeping all this in mind, I have other debts that probably won’t be this low but also not over 2500 ish that I won’t be addressing the same way, most likely but for this case, I’m very happy with the outcome. You all knew from the beginning I didn’t want to completely run away from the debt, I know I could have, but I didn’t want to, I wanted a lower amount and monthly payments. 

Lastly, from the minute I filed until 5 minutes before the court dockets opened, I heard not one peep from a lawyer, written or otherwise. 

I wish I could say that my MTC was used and granted for future lawsuits but I can’t, however I can say it was enough for the plaintiff to know that I wasn’t messing around.

Thank You all, I’m not going anywhere as I feel I’ll be sued by portfolio sooner rather than later. Also I offered the lawyer $10 cash for dismissal with prejudice, he thought it was funny. Then declined. 

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If your written settlement agreement with them says that you are released of all liability, then it actually IS just as good as a dismissal with prejudice.  It means the same thing, that this is absolutely no longer your responsibility in anyway.

 

Nice work.  Congrats!

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