Raum

Filing MTC Help <3

Recommended Posts

 

I have been advised to file a motion to compel arbitration to help me with a current debt collectors case in Washington State. I was served complaint papers and told i was being sued, i answered with lack knowledge therefore i deny, and requested a discovery of dumb copy and pasted info i found on the internet due to panic. 

I just received a request for discovery and request for admissions April 1st. I have 30 days to answer but i want to get a MTC in as soon as possible.

I'm kinda young, have zero experience with this stuff, and it stresses me the hell out. Can anyone help me with my MTC as far as links from this site, proof reading it and so on. I understand people don't want to hold my hand through this but any help would be greatly appreciated, at this point in time im ready to vinmo people some money for their time and effort haha.

 

I have noticed that people are putting something like 

Quote

Defendant sent a letter via certified mail with return receipt to Plaintiff's attorney on September XX, 2012, electing arbitration with JAMS and requesting dismissal or stay any and all actions in regards to the alleged debt pending the result of arbitration. (see Exhibit A and B, attached)."

Yet I was told to do a MTC before doing anything with JAMS or AAA. should i file with JAMS or AAA before sending this to court?

I'm using the template:

Quote

 

MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND TO STAY PROCEEDINGS PENDING ARBITRATION

 

NOW COMES Defendant, appearing Pro Se for its Motion to Compel Private Contractual Arbitration and as grounds thereto states the following:

 

1. That on or about ___________, 2011, Plaintiff filed its Complaint against Defendant.

 

2. Defendant sent a letter via certified mail to Plaintiff's attorney on ____________, 2011, electing arbitration with JAMS and requesting dismissal of this case (see Exhibit A, attached).

 

3. Defendant moves this court to compel binding Private Arbitration based on the terms and conditions of the Credit Card Agreement (see Exhibit B, attached).

 

4. The parties are bound by the Credit Card Agreement. The Arbitration Agreement states among other things:

 

(a)

YOU AND WE AGREE THAT EITHER YOU OR WE MAY, AT EITHER PARTY’S SOLE ELECTION REQUIRE THAT ANY CLAIM BE RESOLVED BY BINDING PRIVATE ARBITRATION.

 

(b) IF YOU OR WE ELECT PRIVATE ARBITRATION OF A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY.

 

(c) YOU OR WE MAY ELECT ARBITRATION UNDER THIS ARBITRATION PROVISION WITH RESPECT TO ANY CLAIM, EVEN IF THE CLAIM IS PART OF A LAWSUIT BROUGHT IN COURT. YOU OR WE MAY MAKE A MOTION OR REQUEST IN COURT TO COMPEL PRIVATE ARBITRATION OF ANY CLAIM BROUGHT AS PART OF ANY LAWSUIT

 

(d) CLAIM MEANS ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND OR NATURE BETWEEN YOU AND US.

 

(e) THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY AND ENFORCEABLE UNDER THE FEDERAL ARBITRATION ACT.

 

 

 

5. The Federal Arbitration Act (FAA) 9 USC, Section 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”.

 

6. The Supreme Court Ruling, decided April 27, 2011, AT&T MOBILITY LLC v. CONCEPCION ET U, states 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 . . . "

 

7. The Defendant elects arbitration to settle this dispute.

 

 

WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration pursuant to the Cardmember Agreement and to dismiss Plaintiff’s complaint due to Lack of Subject Matter Jurisdiction or in the alternative, to stay proceedings pending contractual arbitration.

 

 

 

Respectfully submitted this day ________________, 2014

 

 

(Your name), Defendant, pro se

 

 

But obviously....

Quote

 

YOU AND WE AGREE THAT EITHER YOU OR WE MAY, AT EITHER PARTY’S SOLE ELECTION REQUIRE THAT ANY CLAIM BE RESOLVED BY BINDING PRIVATE ARBITRATION.

 

(b) IF YOU OR WE ELECT PRIVATE ARBITRATION OF A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY.

 

(c) YOU OR WE MAY ELECT ARBITRATION UNDER THIS ARBITRATION PROVISION WITH RESPECT TO ANY CLAIM, EVEN IF THE CLAIM IS PART OF A LAWSUIT BROUGHT IN COURT. YOU OR WE MAY MAKE A MOTION OR REQUEST IN COURT TO COMPEL PRIVATE ARBITRATION OF ANY CLAIM BROUGHT AS PART OF ANY LAWSUIT

 

(d) CLAIM MEANS ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND OR NATURE BETWEEN YOU AND US.

 

(e) THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY AND ENFORCEABLE UNDER THE FEDERAL ARBITRATION ACT.

 

 

wont work for me due to it not being the same.

my provision states this below, is any of it useful to add to my MTC?  

Arbitration Provision:

"a) you agree that either you or we can choose to have binding arbitration resolve any claim, dispute or controversy between you and us that arises from or relates to this agreement or the account and the credit issued there under (individually and collectively, a "claim"). This does not apply to any claim in which the relief sought is within the jurisdictional limits of, and is filed in, a small claims court. If arbitration is chosen by any party, the following will apply:

1) Neither you nor we will have the right to litigate a claim in court or to have a jury trial on a claim, or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules.

2) Arbitration will only decide our or your claim, and you may not consolidate or join claims of other persons who may have similar claims. You will not have the righto participate as a representative or member of any class of claimants, or as a private attorney general, pertaining to any claim subject to arbitration.

3) the arbitration will be performed in accordance with this arbitration provision and the rules of the chosen arbitrator in effect when the claim is filed.

4) the arbitrators decision will generally be final and binding, except for the limited right of appeal provided by the Federal arbitration Act.

(c) this Arbitration provision shall survive repayment of your extension of credit and termination of your account. This arbitration provision shall be governed by federal law, including the federal Arbitration Act, and by Ohio law, without regard to its internal conflict of law principals, to the extent such state law does not conflict with federal law or this arbitration provision. this arbitration provision shall not apply to a party who is a covered borrower under the military lending act. Notwithstanding any language of this agreement to the contrary , should any portion of this arbitration provision be held invalid or unenforceable by a court or other body of competent jurisdiction , this entire arbitration provision shall be automatically terminated and all other provisions of this agreement shall remain in full force and effect."

 

Thank you so much for your time and any help. ❤❤

Share this post


Link to post
Share on other sites

You have to stop making new threads every time you ask a question.  People don't want to look through 8 different threads to get all of the info.

2 hours ago, Raum said:

I just received a request for discovery and request for admissions April 1st. I have 30 days to answer but i want to get a MTC in as soon as possible.

You still need to answer these.  Especially the RFAs.  Most of the time failure to answer RFAs will result in them being deemed admitted.  Get the MTC done first then we can work on RFAs.

2 hours ago, Raum said:

I have noticed that people are putting something like

Quote

Defendant sent a letter via certified mail with return receipt to Plaintiff's attorney on September XX, 2012, electing arbitration with JAMS and requesting dismissal or stay any and all actions in regards to the alleged debt pending the result of arbitration. (see Exhibit A and B, attached)."

Yet I was told to do a MTC before doing anything with JAMS or AAA. should i file with JAMS or AAA before sending this to court?

This isn't talking about starting the case with JAMS/AAA.  It's saying a letter was sent to opposing letting them know "you" want to use arbitration.  Some card agreements say that you have to send a letter to opposing when you want to use arbitration.  I just looked at the US Bancorp agreement for the Elan Classic, Gold and Platinum accounts, and it doesn't say anything like this, so you can ignore the part about sending them a letter.

2 hours ago, Raum said:

But obviously....
....
wont work for me due to it not being the same.

Right.  You replace the language from the SAMPLE with what your actual agreement says. 

By the way, I found this gem in the arbitration agreement I was looking at:

Quote

At your request, we will advance your filing and hearing fees for any Claim you may file against us.

So the part I said a minute ago about not sending them a letter, you can (and should, actually) send them a letter stating that you want them to advance your arb costs.  Then, when you file your case with AAA, attach a copy of the letter you send and let AAA know that in accordance with the card agreement, opposing will be paying your portion of arb fees.

  • Thanks 1

Share this post


Link to post
Share on other sites
2 hours ago, Harry Seaward said:

You have to stop making new threads every time you ask a question.  People don't want to look through 8 different threads to get all of the info.

I couldn't figure out how to delete my second post on the "lawyer in the house" forum i apologize, i figured this forum would be better for my MTC questions and could get more standard info and tips on my first post you commented on. but i found on the rules page now that it would be better to continue from my original. 

 

2 hours ago, Harry Seaward said:

This isn't talking about starting the case with JAMS/AAA.  It's saying a letter was sent to opposing letting them know "you" want to use arbitration.  Some card agreements say that you have to send a letter to opposing when you want to use arbitration.  I just looked at the US Bancorp agreement for the Elan Classic, Gold and Platinum accounts, and it doesn't say anything like this, so you can ignore the part about sending them a letter.

 I understand, i will send off a letter to the company letting them know i will be moving to arbitration and that per my agreement they will need to advance my cost.

- Thank you for your help, i really appreciate it. I apologize again for the multiple post, as said before I couldn't figure out how to delete the old one when I found the Arbitration forum

Share this post


Link to post
Share on other sites

If the plaintiff has sent you discovery, you need to answer it, but in a particular way so as not to waive your arbitration rights.  You need to OBJECT to them all, citing that arbitration has been elected, and the scope of discovery is to be determined by an arbitration forum.

  • Like 1
  • Thanks 1

Share this post


Link to post
Share on other sites
On 4/5/2019 at 1:00 PM, nobk4me said:

If the plaintiff has sent you discovery, you need to answer it, but in a particular way so as not to waive your arbitration rights.  You need to OBJECT to them all, citing that arbitration has been elected, and the scope of discovery is to be determined by an arbitration forum.

Thank you for your responses, so respond something like "I object due to election of arbitration and the scope of discovery is to be determined by an arbitration forum?"

@Harry Seaward

@nobk4me

These are all of the request i received, if anyone can give me a hand answering these id appreciate it.

also how i should format my answers and objections. Thank you 

Request for Production of documents:

1. Copies of any and all documents between you and the original creditor relating to the account (or purposes of this request of production, "original creditor" means elan financial services.

2. Copies of any and all documents between and you and plaintiff relating to the account

3. Copies of any and all documents evidencing any payments made to the original creditor on said account.

4. Copies of any and all documents that support affirmative defenses raised by you in this action.

5. Copies of all documents from you regarding false or factually incorrect claims or statements that YOU believe were made to various credit reporting bureaus or services about the account.

6. Copies of all documents identified by you in response to plaintiffs first set of interrogatories, set 1, served concurrently with these request for production of documents.

7. copies of all documents  identified by you in response to request for admission, set 1, served concurrently with these request for production of documents.

8. copies of all documents that support your contention you do not owe the amount claimed in the complaint on file with this lawsuit.

 

 Request of admissions:

1. please admit you submitted an application to the original creditor for an extension of credit ( for purposes of these request for admissions, "original creditor" means elan financial services.)

2. please admit the original creditor issued you the account.

3. please admit that you and the original creditor entered into an agreement regarding the account.

4. please admit that you used the account to accrue a balance of $3,473.00

5. please admit that you agreed to pay the original creditor and its successors and assigns all outstanding balances owed on the account.

6. please admit that you never disputed, with any person or entity, including the original creditor, the outstanding balance of 3,473 on the account.

7. please admit you have not paid the outstanding balance on the account in the sum of not less than 3,473

8. please admit that you owe the plaintiff the amounts prayed for in the complaint.

9. please admit you have no facts which would contradict the amount owed to plaintiff.

10. please admit YOU have no facts to support your affirmative defenses against the plaintiff;s complaint.

11. please admit YOU have no documents to support your affirmative defenses against the plaintiff''s complaint.

 

Plaintiff's first set of Interrogatories to Defendant:

1. state all facts upon which YOU base YOUR contention that YOU owe nothing on the ACCOUNT

2. describe each document that YOU believe supports YOUR contention that YOU owe nothing on the ACCOUNT. if YOU make no such contention, comma do not answer this interrogatory.

3. State all facts upon which YOU base YOUR contention that YOU owe less than the amount prayed for in the plaintiff's complaint on the ACCOUNT. if YOU make no such contention do not answer this interrogatory.

4. Describe each document YOU believe supports YOUR contention that YOU owe less than the amount prayed for in plaintiffs's complaint on the ACCOUNT. if YOU make no such contention do not answer this interrogatory.

5. State each of YOUR affirmative defenses.

6. State all facts upon which YOU base YOUR affirmative defense or defenses.

7. Identify by name, address, and telephone number each person with knowledge of the facts supporting YOUR affirmative defenses.

8. State each mailing address, if different from YOUR resident address, for the last ten years and dates that YOU received mail at each.

9. State all facts regarding payments made on the ACCOUNT.

10. Describe each document evidencing payments made on the ACCOUNT.

11. if YOU have ever been married, state the name of YOUR spouses.

12. State all details regarding the length of YOUR marriage(s) (i.e, from what date to what date)

 

THANK YOU SO MUCH FOR THE HELP AND YOUR TIME.

 

Share this post


Link to post
Share on other sites
2 hours ago, Raum said:

Thank you for your responses, so respond something like "I object due to election of arbitration and the scope of discovery is to be determined by an arbitration forum?"

Objection. Defendant has exercised his/her right to utilize arbitration as the forum to revolve Plaintiff's claims, and responding to this discovery request may constitute a waiver of that right.

  • Thanks 1

Share this post


Link to post
Share on other sites
17 hours ago, Harry Seaward said:

Objection. Defendant has exercised his/her right to utilize arbitration as the forum to revolve Plaintiff's claims, and responding to this discovery request may constitute a waiver of that right.

Can i just type this out neatly and professionally on a google Doc. or is there a formal format i should write this all out on, (like the request sent to me sent to me)

Thank you.  

Share this post


Link to post
Share on other sites
4 minutes ago, Raum said:

Can i just type this out neatly and professionally on a google Doc. or is there a formal format i should write this all out on, (like the request sent to me sent to me)

It depends on your court rules, but most of the time each and every request has to have its own response. Lawyers will create their own doc and retype each request and follow with their response. You can also make a photo copy of their requests and put your answers in after each request. 

  • Thanks 1

Share this post


Link to post
Share on other sites

Thank you @Harry Seaward so much! you have been tons of help. and just to clarify i can use "Objection. Defendant has exercised his/her right to utilize arbitration as the forum to revolve Plaintiff's claims, and responding to this discovery request may constitute a waiver of that right." for every question above? that will be acceptable for the most part?

 

What i have so far:

 

 

Defendant, NAME NAME

 

ADDRESS

Burlington WA.

98233

 

 

Answer to:  “Plaintiff’s Request for Production of documents (Set one)”

 

 

REQUEST FOR DOCUMENT NO. 1: Copies of any and all documents between you and the original creditor relating to the account (or purposes of this request of production, "original creditor" means elan financial services.

 

ANSWER NO. 1: Objection. Defendant has exercised his/her right to utilize arbitration as the forum to revolve Plaintiff's claims, and responding to this discovery request may constitute a waiver of that right.

 

 

REQUEST FOR DOCUMENT NO. 2:Copies of any and all documents between and you and plaintiff relating to the account

 

ANSWER NO. 2: Objection. Defendant has exercised his/her right to utilize arbitration as the forum to revolve Plaintiff's claims, and responding to this discovery request may constitute a waiver of that right.

 

REQUEST FOR DOCUMENT NO. 3: Copies of any and all documents evidencing any payments made to the original creditor on said account.

 

ANSWER NO. 3: Objection. Defendant has exercised his/her right to utilize arbitration as the forum to revolve Plaintiff's claims, and responding to this discovery request may constitute a waiver of that right.

 

 

REQUEST FOR DOCUMENT NO. 4: Copies of any and all documents that support affirmative defenses raised by you in

this action.

 

ANSWER NO. 4: Objection. Defendant has exercised his/her right to utilize arbitration as the forum to revolve Plaintiff's claims, and responding to this discovery request may constitute a waiver of that right.

 

 

REQUEST FOR DOCUMENT NO. 5: Copies of all documents from you regarding false or factually incorrect claims or statements that YOU believe were made to various credit reporting bureaus or services about the account.

 

ANSWER NO. 5: Objection. Defendant has exercised his/her right to utilize arbitration as the forum to revolve Plaintiff's claims, and responding to this discovery request may constitute a waiver of that right.

 

REQUEST FOR DOCUMENT NO. 6: Copies of all documents identified by you in response to plaintiff's first set of interrogatories, set 1, served concurrently with these request for production of documents.

 

ANSWER NO. 6: Objection. Defendant has exercised his/her right to utilize arbitration as the forum to revolve Plaintiff's claims, and responding to this discovery request may constitute a waiver of that right.

 

REQUEST FOR DOCUMENT NO. 7: Copies of all documents  identified by you in response to request for admission, set 1, served concurrently with these request for production of documents.

 

ANSWER NO. 7: Objection. Defendant has exercised his/her right to utilize arbitration as the forum to revolve Plaintiff's claims, and responding to this discovery request may constitute a waiver of that right.

 

REQUEST FOR DOCUMENT NO. 8: Copies of all documents that support your contention you do not owe the amount claimed in the complaint on file with this lawsuit.

 

ANSWER NO. 8: Objection. Defendant has exercised his/her right to utilize arbitration as the forum to revolve Plaintiff's claims, and responding to this discovery request may CONSTITUTE a waiver of that right.

I certify that i mailed a copy of  Answer to:  “Plaintiff’s Request for Production of documents (Set one)” to the following postage prepaid on, April      , 2019

 

 

NAME NAME

Attorney of Record for Plaintiff,

Mandarich Law Group, LLP

P.O. Box 109032 Chicago, IL

60610.

   

Dated: April,      ,2019                                                                                                                              SIGNATURE

 

 

 

does this look okay? 

                                                                                                                         


Share this post


Link to post
Share on other sites

You got it. Worst case they file a motion to compel you to respond, but that's no big deal, especially when you have started the ball rolling on arbitration. 

Share this post


Link to post
Share on other sites
15 minutes ago, Harry Seaward said:

You got it. Worst case they file a motion to compel you to respond, but that's no big deal, especially when you have started the ball rolling on arbitration. 

Thank you so much, so i was planning on sending out my answers as well as a letter to the DC stating something like:

"NOTICE OF ARBITRATION ELECTION

 

Pursuant to Elan Financial Services cardholder agreement, I ELECT arbitration via AAA to resolve all of our disputes.

 

As per the agreement, "If you or we elect arbitration of a claim, neither you nor we will have the right to litigate a claim in court or to have a jury trial on a claim."

 

The agreement further states, "You or we can choose to have binding arbitration resolve any claim, dispute controversy between you and us that arises from or relates to this agreement or the Account and credit issued."

 

As of this notice you must dismiss or stay any and all actions in regards to the alleged debt pending the result of the Arbitration.

 

NAME NAME

 

Certified Return Receipt #_________________________"

 

at the same time as i file my MTC with the court. Was going to include an affidavit  with all things being sent to court and the DC, is this necessary and is this an okay plan? or should i file MTC first?

I have my MTC written out just need to print include my agreement and possibly a copy of the letter above being sent to DC.

Share this post


Link to post
Share on other sites

My suggestion is to not bother with a letter unless specifically required by state law.  Just sending a copy of your MTC is the same as a notice to arbitrate letter. 

Also, your Request for Production of Documents, that first request for any documents between you and the OC, I may respond with "See Defendant's Motion to Compel Arbitration, Exhibit A", which would be a copy of the card agreement between you and the OC.

If this were me, I would send them the MTC and the responses to their discovery at the same time and on the same day I filed the MTC in court.

  • Thanks 1

Share this post


Link to post
Share on other sites

@Harry Seaward so when I submitted my MTC i was told i had to schedule a hearing for my motion. what can i expect from this hearing will the judge just look at the MTC i submitted and just decide? i had to mail a notice to the JDB as well. will i need to say anything special?

Share this post


Link to post
Share on other sites

to be honest i am not sure, i was just told to file a hearing date which is scheduled on the 3rd and that i had to inform them of the motion hearing. i can find out more info soon, i am planning on heading to the court today to get more info. i just included the hearing paperwork with my copy of the MTC and answers to their discovery. I've tried finding more info with my states rules but didn't find much about them being involved.

Share this post


Link to post
Share on other sites

With a hearing scheduled less than a week, I'm guessing they won't have time to file an opposition to your MTC and any arguments will have to be 'on the fly' at your hearing.

Share this post


Link to post
Share on other sites

She just informed me that they can file a response to my motion. What would happen if they try to say I waived it by doing a discovery?

Share this post


Link to post
Share on other sites

You need some caselaw that participating in discovery is not enough to constitute waiver of your right to arbitration. 

Share this post


Link to post
Share on other sites

Wait a minute....  Did you actually participate in discovery?  I just looked at what you posted for your responses to their discovery requests and you objected to each request on the basis that responding could constitute a waiver of your right to arbitrate.  If that's the extent of you "doing" discovery, there's no way they could claim that is waiver.  Did you make your own discovery requests on them?  Did you assert your right to arbitration in your initial Answer to the lawsuit?

Share this post


Link to post
Share on other sites

 @Harry SeawardI see now why you said to keep it to one post, I made another post that you helped me with first. this is what it said:

 

***"First off thanks for reading i understand i have no idea what i am doing but have been trying to learn as much as possible. Any help is greatly appreciated,i am trying to join the military and until this is resolved i cannot join.

Received Summons that a lawsuit was started against me by a Debt collector who hired a debt collector/attorneys office? 

 
Plantiff alleges:
 
1. lantif is a limited liability company in good standing, has all necessary licenses and has paid all applicable fees including being duly licensed as a washington state collection agency.
 
2. Defendant is believed to comprise of martial community under laws of the state of Washington and are believed to reside in SKAGIT county. Each of the acts or occurrences set forth herin benefited them individually and benefited their marital community.
 
3. Plantiff is successor in interest to (Bank) and to account xxxxxxxxxxxxxxx5175
 
4. (Bank) extended defendant credit in exchange for Defendant promise to pay the balance of the credit account they used.
 
5. Defendant failed to pay (Bank) the balance of the credit account.
 
6. Defendant owe Plantiff, as the successor-in-interest the sum of 3,473.00.
 
Plantiff prays for judgment against defendant has follows: 
sum of 3,473.000 minus any payments
for cost of suit and
for such other and further relief as the court deems just and equitable.
 
After reciving this I responded with an answer, Affirmative defenses and Request for Production, requesting:
1. Please produce any credit application signed by defendant
2 Please produce a copy of the executed contract in (credit card company)'s possession setting forth the term Defendant is alleged to have agreed to in connection with the card at the beginning.
3. Please produce a copy of any modifications to those terms specifically agreed to by the Defendant.
4. Please produce a copy of all statements from the beginning of time to present.
5. Please produce detail regarding alleged charged amount, type, and date.
6. Please produce evidence of all payments received.
 
I responded with: I lack knowledge about the truth and so deny the statements in paragraphs
1,2,3,4,5 and 6 of their allegations.
Affirmative defenses were: Failure of consideration and "Scieti et volenti non fit injuria". <---- which i now know is useless...
 
The Plantif responded with some bank statements and what appears to be a bill of sale for my debt maybe?
 
At the end of a mountain of paperwork and law jargon a page is found with the option to pay the law firm/debt collector via a website. At the very bottom in bold letters states:
 
This communication is from a debt collector. This is an attempt to collect a debt, and any information obtained will be used for that purpose.
 
A Case number is now included and i called the superior court and was told its legit but no court date has been set. Today I received request for admissions, request for production of documents and Plaintiffs first set of interrogatories to defendant."****
 
 
 
 
I participated in a discovery and did some other dumb stuff due to panic and the first thing I found on the internet that made sense to me.
did i shoot myself in the foot? I found this info too late, I didn't find this forum until I responded with a request for production and  some bad affirmative defenses. 

Share this post


Link to post
Share on other sites
On 4/29/2019 at 11:49 PM, Raum said:

I participated in a discovery and did some other dumb stuff

What does this mean?  What exactly did you do?

Share this post


Link to post
Share on other sites

It's hard to say. Responding to their discovery requests could hardly be considered waiver, especially if you had asserted your right to arbitration in your answer.  Considering that you made your own discovery requests and don't appear to have asserted arbitration in your answer, the court could see those actions as inconsistent with your right to arbitration.  All you can do is try.  If the court says no, you pick up where you left off with court and you've lost nothing.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.