scc42

MSJ filed after my MTC arbitration (Arizona)

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I have almost the same situation here in Arizona.

Being sued by Jefferson Capital for a $818.00 debt from Fingerhut/Webbank.

We were to a have a pre-trial phone conference on 12/11 and the attorney never showed. So asked one of the clerks what was the process now. She said she couldn't advise me, but gave me a sheet and said read it. On the pre-trial conference sheet it stated that if one of the parties did not show up for the conference, then the other party could "File a Motion to Dismiss", which I did. ( Nice lady!) The clerk told me that the judge has 20 days to rule on it and we left.

JC had filed the MSJ on 12/2 which meant I had until 1/1/2020 to respond. The judge was to have ruled on the MTD by today and as far as I can tell he hasn't. JC's attorney filed a response to the MTD that his wife had a child and could not attend that day's call. That kind of put me in a bind, as I had hoped that the MTD would have been ruled on before the deadline to file a response to the MSJ by today (12/31).

So I filed a Motion to Dismiss the SJ (with verbiage on the MCA) and filed the Motion to Compel Arbitration together today 12/31, as I didn't want to not answer the MSJ. 

I filed the MCA with a copy of the Fingerhut agreement I found online which allows arbitration in the verbiage. I explained in the MCA that JC has never submitted their copy of the Cardholders Agreement (which we know they cannot) so I attached the copy I found online as Exhibit A for the MCA.

So now, unless the Judge has decided on the MTD because the JC attorney blew us off on 12/11,

Because of the multiple response timelines to reply, I may have missed an opportunity to have it dismissed. But now I've filed a MCA which mutes the MTD.

Anyone care to chime in?

 

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14 hours ago, scc42 said:

The judge was to have ruled on the MTD by today and as far as I can tell he hasn't. JC's attorney filed a response to the MTD that his wife had a child and could not attend that day's call.

So now, unless the Judge has decided on the MTD because the JC attorney blew us off on 12/11,

The Judge will deny the MTD.  While it was inconvenient for you and the court his wife giving birth is an excusable event that the court will allow for.  If they had got a default judgment because you were at the hospital with a spouse giving birth you could have it vacated for the same reason.

14 hours ago, scc42 said:

I filed the MCA with a copy of the Fingerhut agreement I found online which allows arbitration in the verbiage. I explained in the MCA that JC has never submitted their copy of the Cardholders Agreement (which we know they cannot) so I attached the copy I found online as Exhibit A for the MCA.

Why do you believe they cannot submit a card agreement?

If you worded your opposition and MTC well you have a good chance of prevailing.

 

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22 hours ago, Clydesmom said:

Why do you believe they cannot submit a card agreement?

If you worded your opposition and MTC well you have a good chance of prevailing.

 

JC's attorney never submitted a copy of the cardholder agreement. So I had to find it to submit the MCA

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8 minutes ago, scc42 said:

JC's attorney never submitted a copy of the cardholder agreement.

They get them as they need them. They don't need evidence for the 95% of the cases that end in defiant judgment. If a consumer contests the lawsuit, they first try to settle. If that doesn't work, then they start collecting the evidence they need. 

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Looks like I won the Motion to Compel Arbitration...I haven't received the notice from court.

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

Events
Event Type Sub Type Result Result Date
Affidavit of Service  Private Process  Filed  10/21/2019 
Answer  Civil Complaint  Filed by Defendant  10/30/2019 
Notice  Comprehensive Pre Trial Conf Hearing  Mailed  10/31/2019 
Disclosure Statement  Notice of Service Re 26.1 Disclosure  Filed by Plaintiff  11/15/2019 
Motion  Appear Telephonically  Filed by Plaintiff  11/15/2019 
Order  Appear Telephonically  Granted  11/18/2019 
Motion  Summary Judgment  Filed by Plaintiff  12/2/2019 
Motion  Dismiss  Filed by Defendant  12/11/2019 
Pre-Trial Conference Report    Filed  12/11/2019 
Response  To Motion  Filed by Plaintiff  12/20/2019 
Motion  Compel  Filed by Defendant  12/31/2019 
Response  To Motion  Filed by Defendant  12/31/2019 
Ruling on Motion  Dismiss    // 
Ruling on Motion  Summary Judgment    // 
Reply  To Response  Filed by Plaintiff  1/28/2020 
Response  To Motion  Filed by Plaintiff  1/28/2020 
Ruling on Motion  Compel    /

M

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Actually, the judge has not ruled on any of the Motions - MTD, MSJ, or MTC. Those are all placeholders for his/her ruling. As it has been over 30 days on the MTD & The MSJ, you might want to call the clerk & ask if there is a ruling that has not yet made it on to the site. I have experienced that error before in previous cases. 

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These rulings often take 60 or more days. There's no fixed period of time in which the court "must" rule on motions. But both of plaintiff's reply and response were way past the deadline. I'd file a motion to strike them on these grounds. They only had 10 days on the response and 5 days on the reply. 

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After 8 months, I finally won!

Three months ago after I filed the abitration defense in my answers, the attorney called me at the end of April and offered to close this out with a stipulation to dismiss with prejudice and without hearing!

Events
Event Type Sub Type Result Result Date
Affidavit of Service  Private Process  Filed  10/21/2019 
Answer  Civil Complaint  Filed by Defendant  10/30/2019 
Notice  Comprehensive Pre Trial Conf Hearing  Mailed  10/31/2019 
Disclosure Statement  Notice of Service Re 26.1 Disclosure  Filed by Plaintiff  11/15/2019 
Motion  Appear Telephonically  Filed by Plaintiff  11/15/2019 
Order  Appear Telephonically  Granted  11/18/2019 
Motion  Summary Judgment  Filed by Plaintiff  12/2/2019 
Motion  Dismiss  Filed by Defendant  12/11/2019 
Pre-Trial Conference Report    Filed  12/11/2019 
Response  To Motion  Filed by Plaintiff  12/20/2019 
Motion  Compel  Filed by Defendant  12/31/2019 
Response  To Motion  Filed by Defendant  12/31/2019 
Reply  To Response  Filed by Plaintiff  1/28/2020 
Response  To Motion  Filed by Plaintiff  1/28/2020 
Ruling on Motion  Compel  Trial Set  2/14/2020 
Ruling on Motion  Dismiss  Denied  2/18/2020 
Ruling on Motion  Summary Judgment  Trial Set  2/18/2020 
Notice  Court Date  Mailed  2/20/2020 
Notice  Trial Date  Mailed  2/20/2020 
Motion  Appear Telephonically  Filed by Plaintiff  2/28/2020 
Order  Appear Telephonically  Issued/Ordered  3/4/2020 
Telephone Call    Completed  4/16/2020 
Stipulation  Dismiss With Prejudice  Filed by Plaintiff  4/30/2020 
Order  Dismissal With Prejudice  Issued/Ordered  5/4/2020 
Judgments
There are no judgments on file
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JCS is suing me. I filed a MTC arbitration. I owe about $3000. In VA we are not required to file answer but must appear in court. I'm up against house counsel, actual lawyer on JCS payroll IDK if that will make a difference.  After first hearing I will make my own tread to get help and to help others in my situation.  

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9 hours ago, Bulldoger said:

JCS is suing me. I filed a MTC arbitration. I owe about $3000. In VA we are not required to file answer but must appear in court. I'm up against house counsel, actual lawyer on JCS payroll IDK if that will make a difference.  After first hearing I will make my own tread to get help and to help others in my situation.  

What is JCS?

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court today JCS had local attorney show up said they wanted continuance as they have sent me a settlement offer. Hired attorney had no copy or new nothing about it new nothing about my motion she was there to get continuance. So case is continued till June 11th. 

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