Yungskeeme

Just served papers. Lawsuit from Midland

38 posts in this topic

42 minutes ago, Brotherskeeper said:

@Yungskeeme I am not a lawyer and have no experience with Maryland courts, so I don't know how common it is for a motion to compel arbitration to be decided at a hearing. If I understand you correctly (since we haven't seen any of your drafts, right?) you've only written a "demand for arbitration" and sent it to the plaintiff's attorney, not filed a formal motion. Did you receive any response to your arb demand from the plaintiff's attorney? If not, I might suggest you include this information in your motion to compel, along with a fact-descriptive paragraph in an affidavit and a copy of the arb "demand" letter, noted as a true and correct copy and marked as an exhibit.  This step would demonstrate to the court that your attempt to move to arbitration without involving the court was ignored. @fisthardcheese or @Harry Seaward may have a different opinion, but if I were in your shoes, I'd include in your motion the "Request for Hearing" under a separate heading as your rules require--if those are the rules of your specific court. The plaintiff needs to file a written response to your motion if they oppose it. In that case, having requested a hearing will come in handy. If no response in opposition is filed, the court may grant your motion by signing the order included with your motion papers.  

You are correct. On February 4th I mailed my MTC, along with the card agreement and copy of the letter for Demand for Arbitration to the court. Same day I mailed JAMS their form. Plaintiff's attorney only received the demand for arbitration. I'll mail the motion to the plantiff tomorrow. I may need to call the court to see if a hearing is needed. On the MD court site, it acknowledges a motion was filed (at least that's what I think the last code means)

Screenshot_20190208-144121.png

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9 minutes ago, Yungskeeme said:

On February 4th I mailed my MTC, along with the card agreement and copy of the letter for Demand for Arbitration to the court.

(I am not a lawyer.) Every court I'm aware of requires a sworn statement or form called a certificate of service to be filed with the court to ensure that a copy of the filed motion was sent to the opposite party. 

10 minutes ago, Yungskeeme said:

Same day I mailed JAMS their form.

Wait, you've already filed a claim demand with JAMS?

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10 minutes ago, Brotherskeeper said:

(I am not a lawyer.) Every court I'm aware of requires a sworn statement or form called a certificate of service to be filed with the court to ensure that a copy of the filed motion was sent to the opposite party. 

Wait, you've already filed a claim demand with JAMS?

Yes. I wasn't suppose to?

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@Yungskeeme This is @fisthardcheese 's advice from his pinned thread on Arbitration. I'm sorry, I assumed you'd read this. Fist has recommended that the JAMS or AAA claim demand forms can be printed and pre-filled out, but not actually submitted to AAA/JAMS, and brought to the motion to compel hearing to show the judge you're ready to go once the motion is granted.

"Getting a granted MTC is like a golden ticket against a JDB This should be ALL that you focus on in court.  When you file the MTC you essentially put a wrench into the JDB's auto-pilot lawsuit mill.  The ONLY question now before the court is whether there is a valid arbitration agreement between the parties (you will show that there is with your card agreement and affidavit). And if there is found to be a valid arbitration clause, then according to case law (from state and SCOTUS), then the court MUST order arbitration.   This is the one and only issue that should be covered in court.  AFTER the court grants your MTC and orders the parties to arbitrate, then you should move on to actually filing the case in arbitration."

 

 

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4 minutes ago, Brotherskeeper said:

 

@Yungskeeme This is @fisthardcheese 's advice from his pinned thread on Arbitration. I'm sorry, I assumed you'd read this. Fist has recommended that the JAMS or AAA claim demand forms can be printed and pre-filled out, but not actually submitted to AAA/JAMS, and brought to the motion to compel hearing to show the judge you're ready to go once the motion is granted.

"Getting a granted MTC is like a golden ticket against a JDB This should be ALL that you focus on in court.  When you file the MTC you essentially put a wrench into the JDB's auto-pilot lawsuit mill.  The ONLY question now before the court is whether there is a valid arbitration agreement between the parties (you will show that there is with your card agreement and affidavit). And if there is found to be a valid arbitration clause, then according to case law (from state and SCOTUS), then the court MUST order arbitration.   This is the one and only issue that should be covered in court.  AFTER the court grants your MTC and orders the parties to arbitrate, then you should move on to actually filing the case in arbitration."

 

 

Damn. Hope this doesn't mess anything up. No apologies needed. I did read his post. Got stuck on doing my MTC so looked at another post someone posted their sample. Guess I was pulling from both posts.

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32 minutes ago, Yungskeeme said:

Hope this doesn't mess anything up.

As I see it, the biggest problem you have is that you did not provide a copy of your motion to compel arbitration to plaintiff. The rules and basic fairness require you to allow them time to submit a motion response for the judge to consider prior to ruling. Once you've sent the copy to the plaintiff, I'd suggest you also file that certificate of service with the court asap. If you want to request a motion hearing, you'll have to do as the court rules state. A copy of that request has to go to the plaintiff as well.  

You have filed your demand with JAMS. At some point you will receive notice to pay your consumer filing fee--unless you've already done so. I have no idea how slowly your court operates. Ideally, you'd like to have a motion to compel granted and the judge's order before your JAMS case is closed due to non-payment. Fisthardcheese is the expert on this, not me. 

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12 minutes ago, Brotherskeeper said:

As I see it, the biggest problem you have is that you did not provide a copy of your motion to compel arbitration to plaintiff. The rules and basic fairness require you to allow them time to submit a motion response for the judge to consider prior to ruling. Once you've sent the copy to the plaintiff, I'd suggest you also file that certificate of service with the court asap. If you want to request a motion hearing, you'll have to do as the court rules state. A copy of that request has to go to the plaintiff as well.  

You have filed your demand with JAMS. At some point you will receive notice to pay your consumer filing fee--unless you've already done so. I have no idea how slowly your court operates. Ideally, you'd like to have a motion to compel granted and the judge's order before your JAMS case is closed due to non-payment. Fisthardcheese is the expert on this, not me. 

Will do. Mailing the MTC to the attorney tomorrow and will figure out how to write up the Cert of Service. Thanks. Update when I have one.

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@Yungskeeme Also from the "certificate of service" link I provided above are these instructions:

Here are the steps for filing a certificate of service:

  1. Be sure that each other party in the case (or the attorney of each represented party) is served with a copy of what you filed.
  2. For any party who is represented in the case by a limited appearance attorney, you must be sure that BOTH the party and the limited appearance attorney are served with a copy of what you filed.  If the appearance of the limited appearance attorney has been stricken (meaning that that attorney is now officially out of the case) that limited appearance attorney does not need to be served with copies of new filings.
  3. Fill out, sign, and submit a certificate of service to the clerk, including each of the parts below. Some Maryland court forms are available online.
    • State that a copy of the document was served on each recipient, and list the name and address of each recipient;
    • State the manner in which each was served (for example, by hand; by first-class mail, postage prepaid; by certified mail; or by another specified method);
    • Include the date on which service was made.  If service was made by mailing a copy, this will be the date that the copy was put in the mail.
    •  Sign the certificate of service.

Read the Rule: Maryland Rule 1-323 ("Proof of Service")

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On 2/8/2019 at 4:44 PM, Yungskeeme said:

Hope this doesn't mess anything up.

You will just have to deal with both JAMS and the Court at the same time, now making it a little more stressful than it needed to be.  JAMS may attempt to close the case due to the JDB ignoring them until the MTC is granted.  You will just have to respond to that by asking JAMS to give you 30-60 days to get a court order to arbitrate.

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19 hours ago, fisthardcheese said:

You will just have to deal with both JAMS and the Court at the same time, now making it a little more stressful than it needed to be.  JAMS may attempt to close the case due to the JDB ignoring them until the MTC is granted.  You will just have to respond to that by asking JAMS to give you 30-60 days to get a court order to arbitrate.

I'll be on the lookout

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