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Filed Motion for Arbitration - Now JDB Attorneys filed Motion for Summary Disposition - HELP!!


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First a little background.

A few years ago I got into some financial hot water and stopped paying several credit card accounts in order to pay my mortgage and put food on the table. I had about 6 different credit accounts that were defaulted on. Over the last 6 months I have been clearing these accounts up by settling the debts in full with partial payments. There are 2 accounts remaining and both of the accounts are being represented by the same Michigan based lawfirm (Weber&Olcese).

The accounts are as follows:

Portfolio Recovery Associates: $1077

Capital One: $10,500

  • I was served a Summons in February for the Portfolio Recovery account. The summons included a copy of the bill of sale from Synchrony Bank to Portfolio Recovery Associates, a couple of statements from the underlying account (Synchrony- Discount Tire), 2 Affidavits, and a Certificate of Conformity.
  • I filed an answer to the Summons within 10 days, disputing the complaints of the Plaintiff.
  • I filed a Motion to Compel Arbitration with the courthouse several days later. Included in my Motion was a copy of the underlying credit card agreement and an affidavit stating that the credit card agreement was the correct agreement to the best of my knowledge - signed and notarized. I sent a copy of this motion to the Plaintiffs Attorneys.
  • I recieved Notice that the Preliminary Hearing would be 3/31/21
  • I received in the mail a response to my motion "Plaintiff's Response and Brief to Defendendant's Motion to Compel Arbitration and Stay Processing with/ Proof of Service." Basically the response states that I've had plenty of time to request arbitration in the past, and that it is too late to do so now- as legal proceedings have already begun.
  • Someone from the court contacted me directly and told me that I needed to file a Notice of Hearing to set a hearing date for my Motion to Compel - I completed the Notice of Hearing form and was given a date of 4/14/21

Today I received in the mail a Notice of Hearing on behalf of the Plaintiff - in which they are filing a Motion for Summary Disposition pursuant to MCR 2.116(c)(9) and (10) against me. The date is the same date and time as what the preliminary hearing was scheduled for, if there motion for summary disposition is granted does this mean my motion for arbitration may not ever even be heard?

Importantly, included in there Motion for Summary Disposition is an argument that the Affidavit of Account was not properly responded to by me. It states "Thereafter, Defendant filed an Answer to Plaintiffs Complaint. However, Defendant failed to include a counter-affidavit as required by law. The affidavit of account statute, MCLA 600.2145:MSA 27A.2145...."

My strategy for these two accounts was to file an answer with the court so that I would not have a default judgement against me. Then my hopes were that I would gain some leverage in order to settle both of the accounts at the same time. So far, the discussions that I have had with the JDB attorneys have not been fruitful in trying to get an amicable settlement agreement. They are not willing to budge much. Was my strategy wrong to begin with? Do the JDB attorneys have a leg to stand on with there claim that my failure to file a counter-affidavit should allow them to obtain a summary disposition.

Sorry if some of the legal terminology is incorrect. This is the first time I have ever been involved with any type of legal matter and I have to look up the definitions of alot of these legal terms. I am feeling a bit overwhelmed, I guess I thought it would be easier as there is an arbitration agreement included in the Synchrony agreement. These attorneys are fighting tooth and nail though, and its clear they've invested alot of time and energy into beating me. It almost feels like they are taking it personally!

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