Luvmybabas

Help with appeal MTC arb. DENIED!

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9 minutes ago, BV80 said:
 

The supervisor is not supposed to give legal advice.  She does not get to determine what should or should not be filed.  The appeal should be filed, and it up to the court to determine whether or not it is proper. 

Exactly I told her that. And she said no I cant because I talked to a judge already and another person higher than me both said no. 

She didnt even want to look my at LAW forms but she did before😡

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10 minutes ago, BV80 said:
 

The supervisor is not supposed to give legal advice.  She does not get to determine what should or should not be filed.  The appeal should be filed, and it up to the court to determine whether or not it is proper. 

Cant I sue them for this ?? Im just very upset. I worked so hard with the help of @brotherskeeper and it was all for nothing😔

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1 hour ago, Robby8900 said:

Not necessarily. It also is how you present yourself and case before the court. 

Well the judge said he didnt have the chance to read my motion and he didnt give me a chance at all in court. He sided with the plaintiffs atty. the whole time. I was only there for like 5 mins and he said DENIED even though he didnt read my motion and evidence. But I wish I did speak up more because the atty. was very aggressive. It was my first time doing that so I was nervous.

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12 minutes ago, Luvmybabas said:

Well the judge said he didnt have the chance to read my motion and he didnt give me a chance at all in court. He sided with the plaintiffs atty. the whole time. I was only there for like 5 mins and he said DENIED even though he didnt read my motion and evidence. But I wish I did speak up more because the atty. was very aggressive. It was my first time doing that so I was nervous.

I understand the crazy nervous feeling that comes on at court i hate it. However, i did one ime, ask the judge if he had my motion before him, which he said yes, then i asked if he had the opportunity to read it he said yes. i then finished with your honor i am going to rely upon my written motion before the court and have nothing further. he said ok and turned to the plaintiff's attorney and gave him the floor. . 

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18 minutes ago, Luvmybabas said:

Cant I sue them for this ?? Im just very upset. I worked so hard with the help of @brotherskeeper and it was all for nothing😔

I don’t think you can sue the supervisor.  I would get a consultation with a consumer attorney.  It’s possible you could file the appeal after 10 days by showing good cause as to why your filing was late.  I would also be filing complaints about that supervisor with every person who is over her.  

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4 minutes ago, Robby8900 said:
 

I understand the crazy nervous feeling that comes on at court i hate it. However, i did one ime, ask the judge if he had my motion before him, which he said yes, then i asked if he had the opportunity to read it he said yes. i then finished with your honor i am going to rely upon my written motion before the court and have nothing further. he said ok and turned to the plaintiff's attorney and gave him the floor. . 

Wow your good. But the judge didnt read my motion at all even before court and during court!

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1 minute ago, BV80 said:

I don’t think you can sue the supervisor.  I would get a consultation with a consumer attorney.  It’s possible you could file the appeal after 10 days by showing good cause as to why your filing was late.  I would also be filing complaints about that supervisor with every person who is over her.  

Yes I really want complain because she was very mean but I still tried to be nice. Im just not good with this kinds of things.  I will try to search who I can complain to

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4 minutes ago, BV80 said:

I don’t think you can sue the supervisor.  I would get a consultation with a consumer attorney.  It’s possible you could file the appeal after 10 days by showing good cause as to why your filing was late.  I would also be filing complaints about that supervisor with every person who is over her.  

I also did find some lawyers from the referral service but most of them kept saying that I cant file a non final judgement appeal!😤

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9 minutes ago, Luvmybabas said:

I also did find some lawyers from the referral service but most of them kept saying that I cant file a non final judgement appeal!😤

Read to them the VA Supreme Court ruling, and ask them to explain why that court  disagrees with them. 

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4 minutes ago, BV80 said:

Read to them the VA Supreme Court ruling, and ask them to explain why that court  disagrees with them. 

I even told the supervisor, I have here in my hand the va law, federal law and the general district manual 2020. But she didnt want to see or hear anything I got to say. Her mind was already made up😔

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7 minutes ago, Luvmybabas said:

I even told the supervisor, I have here in my hand the va law, federal law and the general district manual 2020. But she didnt want to see or hear anything I got to say. Her mind was already made up😔

I would read the ruling to the attorneys to whom you spoke and ask why the law and VA Supreme Court disagrees with them.  Then, perhaps they would be able to tell you who to contact.  

Pursuant to Code § 8.01-581.016:

879*879 An appeal may be taken from: (1) An order denying an application to compel arbitration ... (2) An order granting an application to stay arbitration ... (3) An order confirming or denying an award; (4) An order modifying or correcting an award; (5) An order vacating an award without directing a rehearing; or (6) A judgment or decree entered pursuant to the provisions of this article. Seguin v. Northrop Grumman Sys. Corp., 277 Va. 244, 672 S.E.2d 877 (2009).

Read this case.

https://scholar.google.com/scholar_case?case=2281389106825008716&q=“++§+8.01-581.016)”&hl=en&as_sdt=4,47

Code § 8.01-581.016 confers upon this Court jurisdiction 743*743 to review a circuit court's order that denies or compels arbitration.”

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52 minutes ago, BV80 said:
 
 

The supervisor is not supposed to give legal advice.  She does not get to determine what should or should not be filed.  The appeal should be filed, and it up to the court to determine whether or not it is proper. 

This is not what happened--as I understand it. The clerk at first refused to accept the appeal form. OP asked for the supervisor. The supervisor went to ask a judge that was there. The judge told the supervisor that no appeal was possible because it wasn't a final order or judgment. That is the usual rule in Virginia. The appeal for a denied MTC is under Virginia's arbitration statute. And of course, FAA section 16. Once the judge told the supervisor no, the clerk refused to look at anything else OP brought to show the authority for the appeal form to be filed. OP brought the printed-out pages on appeals for a denied MTC from the 2020 General District Court manual! She would not even look at that and refused to accept the form. OP asked her to please just accept the form, because it could always be rejected by the Circuit Court if no appeal was possible. Clerk would not listen to anything further. 

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2 hours ago, BV80 said:

I would read the ruling to the attorneys to whom you spoke and ask why the law and VA Supreme Court disagrees with them.  Then, perhaps they would be able to tell you who to contact.  

Pursuant to Code § 8.01-581.016:

879*879 An appeal may be taken from: (1) An order denying an application to compel arbitration ... (2) An order granting an application to stay arbitration ... (3) An order confirming or denying an award; (4) An order modifying or correcting an award; (5) An order vacating an award without directing a rehearing; or (6) A judgment or decree entered pursuant to the provisions of this article. Seguin v. Northrop Grumman Sys. Corp., 277 Va. 244, 672 S.E.2d 877 (2009).

Read this case.

https://scholar.google.com/scholar_case?case=2281389106825008716&q=“++§+8.01-581.016)”&hl=en&as_sdt=4,47

Code § 8.01-581.016 confers upon this Court jurisdiction 743*743 to review a circuit court's order that denies or compels arbitration.”

Yes, OP had these things. One attorney gave OP help with filling out the proper appeal form, but was out of the office today and couldn't offer any more help other than some referral attorneys.They, of course, asked why OP wanted to go to arb, the cost, yada yada yada. Other than an attorney walking in with authority the clerk would recognize, OP was not going to get this clerk to accept the form or even discuss it. The Circuit Court clerk said the appeal form has to be accepted and handled by the District Court clerk. Catch 22. 

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21 minutes ago, BV80 said:

I would read the ruling to the attorneys to whom you spoke and ask why the law and VA Supreme Court disagrees with them.  Then, perhaps they would be able to tell you who to contact.  

Pursuant to Code § 8.01-581.016:

879*879 An appeal may be taken from: (1) An order denying an application to compel arbitration ... (2) An order granting an application to stay arbitration ... (3) An order confirming or denying an award; (4) An order modifying or correcting an award; (5) An order vacating an award without directing a rehearing; or (6) A judgment or decree entered pursuant to the provisions of this article. Seguin v. Northrop Grumman Sys. Corp., 277 Va. 244, 672 S.E.2d 877 (2009).

Read this case.

https://scholar.google.com/scholar_case?case=2281389106825008716&q=“++§+8.01-581.016)”&hl=en&as_sdt=4,47

Code § 8.01-581.016 confers upon this Court jurisdiction 743*743 to review a circuit court's order that denies or compels arbitration.”

Yup I got that already. @brotherskeeper been helping me with everything. But I told lawyers that but they seem to not understand. Maybe because they havent had anyone fighting like this? Most of the lawyers are like oh its not a final judgment even though I told them the laws 😤 nobody wants to listen to a pro se here!

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50 minutes ago, BV80 said:

I would read the ruling to the attorneys to whom you spoke and ask why the law and VA Supreme Court disagrees with them.  Then, perhaps they would be able to tell you who to contact.  

Pursuant to Code § 8.01-581.016:

879*879 An appeal may be taken from: (1) An order denying an application to compel arbitration ... (2) An order granting an application to stay arbitration ... (3) An order confirming or denying an award; (4) An order modifying or correcting an award; (5) An order vacating an award without directing a rehearing; or (6) A judgment or decree entered pursuant to the provisions of this article. Seguin v. Northrop Grumman Sys. Corp., 277 Va. 244, 672 S.E.2d 877 (2009).

Read this case.

https://scholar.google.com/scholar_case?case=2281389106825008716&q=“++§+8.01-581.016)”&hl=en&as_sdt=4,47

Code § 8.01-581.016 confers upon this Court jurisdiction 743*743 to review a circuit court's order that denies or compels arbitration.”

I dont understand why the supreme court can review a circuit courts order but when I tried calling circuit court they said I have to do the filing in district court even thought I told the circuit clerk they wont let me file an appeal. 

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2 hours ago, BV80 said:

I don’t think you can sue the supervisor.  I would get a consultation with a consumer attorney.  It’s possible you could file the appeal after 10 days by showing good cause as to why your filing was late.  I would also be filing complaints about that supervisor with every person who is over her.  

I'm hoping this is the case.  As long as you've kept a log of everything you've done and all the calls you've made in an effort to file the appeal, they should accept it after 10-days.  I'm sure Midland would do everything they could to appeal this.

Looks like lady justice was a total bit*h in this case.

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16 minutes ago, LaneBlane said:

Looks like lady justice was a total bit*h in this case.

In this case, Lady Justice was the likely victim of an uninformed, or perhaps misinformed, dismssive, grouchy male judge. xThudx

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1 hour ago, Luvmybabas said:

I dont understand why the supreme court can review a circuit courts order but when I tried calling circuit court they said I have to do the filing in district court even thought I told the circuit clerk they wont let me file an appeal. 

I don’t know why she told you to file the appeal in the district court.  The Circuit court hears appeals from the district court.  

In addition, the circuit court hears cases appealed from the general district court and from the juvenile and domestic relations district court.”

http://www.courts.state.va.us/courts/circuit/home.html

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35 minutes ago, LaneBlane said:

I'm hoping this is the case.  As long as you've kept a log of everything you've done and all the calls you've made in an effort to file the appeal, they should accept it after 10-days.  I'm sure Midland would do everything they could to appeal this.

Looks like lady justice was a total bit*h in this case.

I hope so too😔

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15 hours ago, BV80 said:

I don’t know why she told you to file the appeal in the district court.  The Circuit court hears appeals from the district court.  

In addition, the circuit court hears cases appealed from the general district court and from the juvenile and domestic relations district court.”

http://www.courts.state.va.us/courts/circuit/home.html

@BV80 For the sake of clarity: the actual (interlocutory) appeal of the denied District Court motion is heard de novo in the Circuit Court. The Notice of Appeal--Civil  form DC-475 must be submitted to the District Court clerk and entered within 10 days of entry of the judge's signed order of the motion being appealed. The District Court clerk's office and a District Court judge determine writ tax and fees, with the judge determining if a bond must be posted. The District Court clerk forwards the case files to the Circuit Court. It was the Notice of Appeal-Civil form that the District Court clerk and her supervisor refused to accept because a judge they asked said OP could NOT appeal this motion as it was not a final order of judgment. The Circuit Court clerk by phone told OP that the DC-475 form had to be filed with the District Court. 

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@BV80 @Luvmybabas Here is another Virginia Supreme Court case that affirms a denied motion to compel and stay can be appealed. Midland's attorney argued that the Comenity agreement from the CFPB archived database, required under the Card Act of 2009, was just some agreement off of the Internet and that there was no arbitration in the correct agreement. The judge never asked where that agreement was or why it had not been provided. 

Bank of the Commonwealth v. Hudspeth, 282 Va. 216, 221, 714 S.E.2d 566, 569 (2011)

"The circuit court found that there was no evidence of an express arbitration agreement between the parties, but explained that this finding "d[id] not end the inquiry" because arbitration may be imposed in the absence of an express agreement if the Bank was a "customer" under the Customer Code. The circuit court observed that determining whether the Bank was a "customer" for purposes of the Customer Code does not end at the conclusion that the Bank is not a dealer or broker, as the Bank asserted. Rather, the circuit court stated it would adopt a more "holistic point of view," finding that the "definition [of customer] within the [Customer] Code is a contextual one, and it must be fleshed out in individual cases with regard to the factual assertions being made in the individual case and the position of the parties in the case." The circuit court determined that the Bank was not a member of the "investing public," and held that it was not a "customer" for purposes of the Customer Code because the brokerage agreement established between BI Investments and the Bank established independent roles for each entity. Therefore, the circuit court denied the Bank's motions to stay and to compel arbitration.

The Bank timely filed its notice of appeal[5] and we granted an appeal on the following assignment of error:

1. The [Circuit] court erred in refusing to stay the case and compel Plaintiff to submit his claim against Bank of the Commonwealth to arbitration before the Financial Industry Regulatory Authority ("FINRA") because Bank of the Commonwealth was a customer of BI Investments, LLC and entitled, pursuant to FINRA Customer Code Rule 12200, to demand arbitration of its dispute against Plaintiff, who is a member of FINRA and an associated person of a member of FINRA.

# # #

 

"The first duty of a court asked to compel arbitration of a dispute is to "determine whether the parties agreed to arbitrate that dispute," and when the arbitration agreement is within the coverage of the Federal Arbitration Act, as is conceded here, the court "is to make this determination by applying the `federal substantive law of arbitrability.'" Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 626, 105 S.Ct. 3346, 87 L.Ed.2d 444 (1985). In 570*570 this case, the circuit court found, and the parties have not appealed from the ruling, that the parties have not entered into "an actual [arbitration] agreement." However, the United States Court of Appeals for the Fourth Circuit has recognized that "[t]he obligation and entitlement to arbitrate does not attach only to one who has personally signed the written arbitration provision. Rather, well-established common law principles dictate that in an appropriate case a nonsignatory can enforce, or be bound by, an arbitration provision within a contract executed by other parties." Washington Square Sec., Inc. v. Aune, 385 F.3d 432, 435 (4th Cir.2004) (internal quotation marks and citations omitted).

Additionally, the United States Supreme Court has stated that, "in applying general state law principles of contract interpretation to the interpretation of an arbitration agreement within the scope of the [Federal Arbitration] Act, due regard must be given to the federal policy favoring arbitration." Volt Info. Sciences, Inc. v. Bd. of Trs. of Leland Stanford, Jr. Univ., 489 U.S. 468, 475-76, 109 S.Ct. 1248, 103 L.Ed.2d 488 (1989) (citation omitted)."

 "[5] Denial of a motion to compel arbitration is an appealable order under the provisions of Code § 8.01-581.016(1)."

 

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On 6/18/2020 at 5:11 PM, WhoCares1000 said:
 

Either that or wait for the judgement and then file an appeal right after the case before the ink on the judgement even dries. When the appeal is filed, inform the appeals court judge that you were denied an interlocutory appeal by the court staff and hence, you are doing it now.

@WhoCares1000 I'm dealing with something similar, where my MTC (for Unifund) was denied, but their MSJ was granted (the same day).  Are you saying that this is called an interlocutory appeal?  This isn't a final judgement? I'm kind of scared to do appeal myself as well.

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In your case, because the MSJ was granted, the case is done and it would be a regular appeal. An interlocutory appeal is one done while the case is still open. However, if the appeal is successful, the MSJ can be set aside and the case reopened and the judge has to act accordingly to the appeals ruling.

I suggest doing a separate thread for you discussing so that people can deal with your unique situation.

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