KiCkiNGChiCken

MTC filed, Attorney asking for Summary Judgment

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1 hour ago, KiCkiNGChiCken said:

Their lawyer's office told me it was canceled because the judge didn't respond to their MSJ.

How is a judge supposed to "respond" to a Plaintiff's MSJ prior to a scheduled (and court calendared) motion hearing under your court rules? If a motion is filed and a hearing is scheduled with the court, and the opposing party properly submits a response in opposition, wouldn't the judge hear both sides at a hearing, then make a ruling? After the ruling, wouldn't a judge issue an order to grant or deny (all or in part) of the Plaintiff's MSJ? 

Who exactly "canceled" this hearing? The Plaintiff or the court? It sounds like the Plaintiff:

1 hour ago, KiCkiNGChiCken said:

I called the court, who ended up telling me to call the lawyers office to see if there was a change in the case.

 If the judge is responsible for the scheduled hearing not taking place, then the court would have some record of why.

Did PRA withdraw their motion? Was this hearing continued over to another date? Was the hearing for the MSJ denied or adjourned due to the court issuing the Notice of the ADR?

On 12/31/2020 at 9:55 AM, Brotherskeeper said:

Did you check on this to be certain that your motion was properly filed with the court? 

In some states, the rules for motions require you to schedule the hearing date with the clerk and send a notice of the hearing date, time and place to the opposing side. In other states, the judge decides if s/he will rule on the motion papers with or without an oral argument. 

You need to know that your motion is properly before the court. If it isn't, PRA may not have had to address the arbitration issue in its MSJ or file an opposition response to your motion to compel. 

On the "MOTION AND ORDER  INFORMATION FORM AND COVERSHEET" that you filed with your attached MTC, you did not check a box on the form to select a motion hearing or no hearing, or that you provided a proposed order for the judge to sign. Would you expect your court clerk to catch this for you and let you know so you could correct it? Or, is your court a stickler for rules or too busy to contact you? Or, is it customary for this section of the form to be left unchecked and let the judge decide whether to hold a motion hearing or not? 

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That, I am unsure of. The lawyer's office lady never told me who canceled it. Even the women at the courts seemed to be "lost" when I asked them what was going on the day of the hearing. I may just call again Monday to get a better understanding of what's really going on. I'm very much in the dark and don't know, AGAIN :(

Here'a glimpse of the court case I blacked out their lawyer's name and whited out my name. The only thing I've ever gotten from the court was instructions on attending the hearing since they are all virtual until further notice, but other than that I haven't received or gotten a call from them directly.

Screenshot_20210206-163934_Chrome.thumb.jpg.478c9be15de655d9e64d1ea2ee01f687.jpg

This is all very new to me and all I know of this is what I've researched so far as SC Court rules for filing answers, motions and etc. I don't really know what to expect of the court system. I constantly check the public records for changes.

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21 hours ago, Brotherskeeper said:

On the "MOTION AND ORDER  INFORMATION FORM AND COVERSHEET" that you filed with your attached MTC, you did not check a box on the form to select a motion hearing or no hearing, or that you provided a proposed order for the judge to sign.

Would you expect your court clerk to catch this for you and let you know so you could correct it?

Or, is your court a stickler for rules or too busy to contact you?

Or, is it customary for this section of the form to be left unchecked and let the judge decide whether to hold a motion hearing or not? 

You filed your Answer and MTC on 8/24/20. As I pointed out, you did not check any box to indicate whether you wanted a hearing or not on your Motion. You did not check the box that you included a proposed order for your judge to sign. Was this an error on your part or did you leave this blank on purpose? 

If your court requires you to have indicated on the form what you wanted the court to do, and you did not, then perhaps your Motion is in limbo. I would certainly ask the court clerk about this. The clerk can't give any legal advice, but should be able to tell you if your failure to fill in this section of the Motion and Order Information Form prevented your Motion from going forward. As a pro se defendant, you are expected to know and follow the rules. Some leeway may be given by the judge, but that is up to the judge. 

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9 minutes ago, Brotherskeeper said:

You filed your Answer and MTC on 8/24/20. As I pointed out, you did not check any box to indicate whether you wanted a hearing or not on your Motion. You did not check the box that you included a proposed order for your judge to sign. Was this an error on your part or did you leave this blank on purpose? 

If your court requires you to have indicated on the form what you wanted the court to do, and you did not, then perhaps your Motion is in limbo. I would certainly ask the court clerk about this. The clerk can't give any legal advice, but should be able to tell you if your failure to fill in this section of the Motion and Order Information Form prevented your Motion from going forward. As a pro se defendant, you are expected to know and follow the rules. Some leeway may be given by the judge, but that is up to the judge. 

I did leave it blank on purpose. Our courts are still closed and I didn't know if there would be hearings. A lot of "rules" are changing since Covid, so in this situation I didn't know what to put, but I will update tomorrow after I call the court and get some light on what's going on.

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On 2/7/2021 at 12:08 PM, Brotherskeeper said:

You filed your Answer and MTC on 8/24/20. As I pointed out, you did not check any box to indicate whether you wanted a hearing or not on your Motion. You did not check the box that you included a proposed order for your judge to sign. Was this an error on your part or did you leave this blank on purpose? 

If your court requires you to have indicated on the form what you wanted the court to do, and you did not, then perhaps your Motion is in limbo. I would certainly ask the court clerk about this. The clerk can't give any legal advice, but should be able to tell you if your failure to fill in this section of the Motion and Order Information Form prevented your Motion from going forward. As a pro se defendant, you are expected to know and follow the rules. Some leeway may be given by the judge, but that is up to the judge. 

Just got off the phone with the non-jury coordinator and she said she'd schedule a hearing for my Motion to Compel. She also told me that Portfolio were the ones that withdrew the MSJ. I'm not sure why the lady at the lawyer's office didn't just tell me that to begin with. I guess we'll see where it goes from here.

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On 2/7/2021 at 12:08 PM, Brotherskeeper said:

You filed your Answer and MTC on 8/24/20. As I pointed out, you did not check any box to indicate whether you wanted a hearing or not on your Motion. You did not check the box that you included a proposed order for your judge to sign. Was this an error on your part or did you leave this blank on purpose? 

If your court requires you to have indicated on the form what you wanted the court to do, and you did not, then perhaps your Motion is in limbo. I would certainly ask the court clerk about this. The clerk can't give any legal advice, but should be able to tell you if your failure to fill in this section of the Motion and Order Information Form prevented your Motion from going forward. As a pro se defendant, you are expected to know and follow the rules. Some leeway may be given by the judge, but that is up to the judge. 

Update: Plaintiff's attorney did not show for the virtual hearing last Friday. Judge granted my MTC this morning. On to the next steps.

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UPDATE: I've received an email from the JAMS Case Manager. He also sent an invoice, the $250 filing fee. After it's paid we will proceed. Question is, do I go ahead and pay? Based on contract, Synchrony originally agrees to pay for fees. Now that Portfolio uses this contract, Do I email Portfolio's Lawyer and ask about this and how I'd be reimbursed if we proceed?

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21 hours ago, KiCkiNGChiCken said:

UPDATE: I've received an email from the JAMS Case Manager. He also sent an invoice, the $250 filing fee. After it's paid we will proceed. Question is, do I go ahead and pay? Based on contract, Synchrony originally agrees to pay for fees. Now that Portfolio uses this contract, Do I email Portfolio's Lawyer and ask about this and how I'd be reimbursed if we proceed?

What I would do is point out to the JAMS Case manager that the contract specifies that the respondent is supposed to pay for fees.  Portfolio has stepped into the shoes of the OC here.  Ask JAMS to bill the JDB for the $250.   You shouldn't have to pay the filing fee.

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24 minutes ago, nobk4me said:

What I would do is point out to the JAMS Case manager that the contract specifies that the respondent is supposed to pay for fees.  Portfolio has stepped into the shoes of the OC here.  Ask JAMS to bill the JDB for the $250.   You shouldn't have to pay the filing fee.

I emailed the case manager yesterday and this was his response. 

"Good afternoon,

 

Thank you for your email.  I have updated the email address in our system. 

 

I have also attached a copy of the invoice for the filing fee.  Payment is due upon receipt.  We cannot proceed forward without payment. 

 

Regarding your last question, whether the Respondent agrees to reimburse you for the filing fee is between you and Respondent.  Note that this matter meets our consumer minimum standards meaning the only payment that will be required from you is the $250 filing fee."

 

I've also emailed Portfolio's lawyer and he hasn't responded AT ALL. He didn't even respond when I resent him the contract that said I'd have a right to private arbitration. (He already had it but the judge told me to forward it to him again after the hearing that he also never showed up to). I'm going to email the case manager again.

 

 

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