SeeUinCourt

JDB (Midland) wouldn't Settle, So I elected Arbitration- Texas **UPDATE** 1YR & 3MONTHS LATER ON LAST PAGE

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1 hour ago, WhoCares1000 said:

I have asked others to help you because although I understand the basics, I have never been in a position to actually use this strategy. I do think though that you need to understand this forward and backwards yourself because whatever MTC you file, you are going to have to defend it against a plaintiff that will be looking to find any way to stop you from using that right because of the cost involved (which is why they filed this as one case rather than 2 to begin with). I suggest reading @fisthardcheese's link again and keep reading until you think it looks right. Also review this thread to see what he has to say on the formatting. Some cookie cutter stuff in fine but this has to be specific to your own case and needs.

I understand how arbitration works now Ive read his post on arbitration 4 times. I have points to argue my case already too. I followed what @fisthardcheese said put a section for both cases. I have all credit card agreements printed, jams & aaa printed, the sell of paypal credit printed. The only thing I hugely struggle with is the format of a MTC and knowing if it's right because there are so many on this website that people said they filed and I dont know if its right plus what they have filed was for one case not two. Also I don't have any of my info on it like case number so i dont know where i should put that. If he doesnt answer back ill just wing it on the format and hope for the best. 

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Look on the court website to see if someone else filed for arbitration in your county. If you find a case, go to the courthouse and look at the MTC to see how they formatted it and use the same format. Hell, you could probably use the heading of a motion for summary judgement as long as you change the title to Motion to Compel Arbitration and put in your case information.

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1 hour ago, WhoCares1000 said:

Look on the court website to see if someone else filed for arbitration in your county. If you find a case, go to the courthouse and look at the MTC to see how they formatted it and use the same format. Hell, you could probably use the heading of a motion for summary judgement as long as you change the title to Motion to Compel Arbitration and put in your case information.

Thanks! Ill do that!

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On 10/2/2019 at 2:29 PM, SeeUinCourt said:

I get what you posted you didn't need to post it 3 times it just makes you come off condescending and rude clearly I read it the first time so that's why I went back and changed the MTC this was before I found the paypal agreements so at that time I was only going to arbitrate one case hints the one agreement content.

If you think I am rude, wait until you get to court.

If you don't know how to make a proper motion format, the best thing to do is to look up other cases from your state and see how an attorney files motions. I don't have time nor the desire to type up or search example motions for every person on here.  These things are easily found with google.

I would title each section with a centered and underlined heading titling what that section is. Additionally, I think there is way too much copy and pasted from your card agreements.  You need one or two paragraphs at the most.  The judge can look at the exhibits if he wants to read it in its entirety.

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2 hours ago, fisthardcheese said:

If you think I am rude, wait until you get to court.

If you don't know how to make a proper motion format, the best thing to do is to look up other cases from your state and see how an attorney files motions. I don't have time nor the desire to type up or search example motions for every person on here.  These things are easily found with google.

I would title each section with a centered and underlined heading titling what that section is. Additionally, I think there is way too much copy and pasted from your card agreements.  You need one or two paragraphs at the most.  The judge can look at the exhibits if he wants to read it in its entirety.

I can handle people being rude don't get me wrong. You just don't need to be when someone is lost and looking for help. If you're tired of helping people who don't understand then simply don't comment when you're tagged. I can get how it could be exhausting answering the same ol questions, but it doesn't help anyone who is already stressed from this situation to be rude. Clearly I've searched for motions in my state and even here on these fourms and showed it to you and you said wrong wrong wrong... so searching did no help. Anyways i already printed and will file what i have. If its wrong oh well its wrong at this point idc. They'll either grant or deny. 

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PRA filed objection to my MTC

PRA filed an objection to MTC arbitration - stating that "I purposefully or accidentally misread the terms of the agreement." They go on to further state that one of the items that are "NOT" subject to arbitration any individual case brought to small claims court to collect money owed the plaintiff. That there is a formal process that I would need to request arbitration my self with an arbitrator.

Well according to my card account agreement it states:2)  " We will not require you to arbitrate 1) any individual case in small claims court or your states equivalent court, so long as it remains an individual case in that court; or 2) a case wefile to collect money you owe us, however, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate.

How do I respond to his objection motion. There is a hearing scheduled on my MTC next week and Plaintiff attorney's is requesting the court to deny my motion to dismiss based on my demand for arbitration. 

 

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13 hours ago, thebear21 said:

PRA filed objection to my MTC

PRA filed an objection to MTC arbitration - stating that "I purposefully or accidentally misread the terms of the agreement." They go on to further state that one of the items that are "NOT" subject to arbitration any individual case brought to small claims court to collect money owed the plaintiff. That there is a formal process that I would need to request arbitration my self with an arbitrator.

Well according to my card account agreement it states:2)  " We will not require you to arbitrate 1) any individual case in small claims court or your states equivalent court, so long as it remains an individual case in that court; or 2) a case wefile to collect money you owe us, however, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate.

How do I respond to his objection motion. There is a hearing scheduled on my MTC next week and Plaintiff attorney's is requesting the court to deny my motion to dismiss based on my demand for arbitration. 

 

You should start a new thread to get better help and not confuse things with Op's case.

However, for my response I would just type "LOL" in 172 pt font.  (kidding).  You just respond by quoting what you just quoted to us and then list the Black's Law Dictionary definition of "require" and point out that "not require" would be the opposite of that. And then point out that "you" as defined by the terms of the agreement means the Defendant in this case, and how when you put all 3 together it means that I, the Defendant, am NOT required, however, I am exersising my OPTION and my RIGHT according to the Supreme Court of the United States.  And THEN, this is optional, but me being who I am, I would state that it is the Plaintiff who is the one "purposefully or accidentally misreading the terms of the agreement", however I am more inclined to believe that a state licensed attorney is not accidentally misunderstanding the simple term "not require".

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My court case of course got pushed back because COVID hit. Finally in August of 2020 they held my case over zoom meeting along with 5 other people. When they finally got to me I assumed it was my case for the motion to compel Arbitration (which was granted). It was not my MTC it was a debt hearing case. The judge was pretty dumbfounded when I said that I had filed the motion to compel Arbitration and Midland and their lawyers know that and they are disregarding that motion and still trying to go ahead with the debt settlement. The Midland lawyer scrambled with their paperwork and said "ohhh yea we do have a MTC Arbitration case to be heard first". The judge said since the MTC needed to be heard first case was dismissed and we would reschedule. Big failure on the courts side and Midlands side. A few months had passed and I did not hear anything. I emailed the court and got this response:

"Good Afternoon,

The plaintiff in your case requested a non-suit without prejudice so the case has been dismissed.  As it was without prejudice they do have the option of filing against you again in the future, but as it stands you no longer have any active cases in our court."

DISMISSED! Wooo! Even though it was without prejudice I highly doubt they will try to file against me again since I hit them with Arbitration for two debts it would cost them more to take me to Arbitrate then they would get out of me. So it's a victory in my book! I want to thank you all for the information you all gave through here on this thread and PM's. It was so stressful for me at the time. It made me lose focus on school I stopped going and got dropped from all my classes and couldn't sleep or eat my stomach was in knots. I was so stressed out and scouring the internet for every bit of info to help me with this case. But this is a huge relief and I can move on and file for bankruptcy (something I already planned on doing before Midland) in the near future so these JDB leave me alone. 

Goodluck to everyone else going through this same dilemma. Arbitration worked for me!!

 

 

 

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