Jump to content

WI MTC and answer


sillycanoe
 Share

Recommended Posts

I need to file my answer and MTC this week.
I am trying to figure out how to do the MTC. Is there a court form to fill out or do I just type up a random letter and add it to the answer as an attached letter?

Please help I am new to this and confused.

Link to comment
Share on other sites

2 hours ago, sillycanoe said:

I need to file my answer and MTC this week.
I am trying to figure out how to do the MTC. Is there a court form to fill out or do I just type up a random letter and add it to the answer as an attached letter?

Please help I am new to this and confused.

There is no pre-printed form for a MTC that I am aware of.  You need to research your court's rules of civil procedure and draft a motion according to the style and format required by the court.  You cannot just attach a letter.  Defending yourself requires a lot of work and self study to do it properly.  Do not rely solely on the internet for guidance.

Link to comment
Share on other sites

14 minutes ago, sillycanoe said:

I cannot find anything in the WI rules about arbitration or how to draft

There is a sample MTC on the first page of the following thread.  Look for this :

Sample MTC
(Note that is Sample is to show you an idea of what an MTC should look like. Never Copy/Paste this directly into your motion. Adding case law from your own state is a good idea)”

Tailor it to fit your case.  For instance, the sample contains this:

“4.  The parties are bound by the Credit Card Agreement. The Arbitration Agreement states among other things:”

Then it states the language from a credit card agreement.  Do not use that language.  Use the language from YOUR agreement.

Numbers 5 & 6 are fine as they are because #5 is from the Federal Arbitration Act and #6 contains U.S. Supreme Court rulings.  To go along with the Supreme Court rulings, go to Google Scholar and search arbitration case law from Wisconsin state courts.

https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/

 

https://scholar.google.com/scholar?hl=en&as_sdt=4%2C50&q=“federal+arbitration+act”&btnG=

Link to comment
Share on other sites

1 hour ago, sillycanoe said:

I cannot find anything in the WI rules about arbitration or how to draft

A motion to compel arbitration and stay the case is a type of motion. The WI rules for written motions are to be followed. Pay attention to rules when the word "shall" is used. Your local court may have its own rules, and even your individual judge. Are there any publications for WI pro se defendants or any legal aid websites? You will need to ask the clerk about scheduling a motion hearing date and time. Depending on how experienced your clerk is, s/he may think you're talking about court-ordered mediation. Your motion is for private, contractual arbitration in either JAMS or AAA, depending on your arbitration clause. Once you have the hearing date, you need to "notice" the opposing side of the motion hearing date. The motion and the notice of motion hearing may be combined into one document under your rules. Your heading will need to caption this motion as you did your answer and title it something like "DEFENDANT'S MOTION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION AND STAY THE CASE AND NOTICE OF MOTION" or something similar. (I am not a lawyer, so verify on own.) 

 

801.15 ;Time.

(4) A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than 5 days before the time specified for the hearing, unless a different period is fixed by statute or by order of the court. Such an order may for cause shown be made on ex parte motion. When a motion is supported by affidavit, the affidavit shall be served with the motion; and opposing affidavits may be served not later than one day before the hearing, unless the court permits them to be served at some other time. All written motions shall be heard on notice unless a statute or rule permits the motion to be heard ex parte.

802.01 ;Pleadings allowed; form of motions. 

(2)  Motions.

(a) How made. An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion. Unless specifically authorized by statute, orders to show cause shall not be used.

(b) Supporting papers. Copies of all records and papers upon which a motion is founded, except those which have been previously filed or served in the same action or proceeding, shall be served with the notice of motion and shall be plainly referred to therein. Papers already filed or served shall be referred to as papers theretofore filed or served in the action. The moving party may be allowed to present upon the hearing, records, affidavits or other papers, but only upon condition that opposing counsel be given reasonable time in which to meet such additional proofs should request therefor be made.

(c) Recitals in orders. All orders, unless they otherwise provide, shall be deemed to be based on the records and papers used on the motion and the proceedings theretofore had and shall recite the nature of the motion, the appearances, the dates on which the motion was heard and decided, and the order signed. No other formal recitals are necessary.

(d) Formal requirements. The rules applicable to captions, signing and other matters of form of pleadings apply to all motions and other papers in an action, except that affidavits in support of a motion need not be separately captioned if served and filed with the motion. The name of the party seeking the order or relief and a brief description of the type of order or relief sought shall be included in the caption of every written motion.

(e) When deemed made. In computing any period of time prescribed or allowed by the statutes governing procedure in civil actions and special proceedings, a motion which requires notice under s. 801.15 (4) shall be deemed made when it is served with its notice of motion.

Link to comment
Share on other sites

This is what I can find under my counties civil section. There is nothing under small claims

All motions to compel discovery pursuant to Wis. Stat. § 804 must be accompanied by a statement in writing by the movant that after consultation with the opposing party and sincere attempts to resolve their differences the parties are unable to reach an accord. Such statement shall recite the date, place and name of all parties participating in such discussions. The court may upon its own initiative after reasonable notice, or pursuant to a motion, limit the number of depositions and interrogatories and may also limit the length of depositions. The frequency and extent of the use of the discovery methods otherwise permitted or limited by these rules may be further limited if the court determines that:the discovery sought is unreasonably cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive; the party seeking discovery has had ample opportunity by discovery in the action to obtain the information sought; or the burden or expense of the proposed discovery outweighs its benefit, taking into account the needs of the case, the amount in controversy, the parties’ resources, the importance of the issues at stake in the litigation, the importance of the proposed discovery in resolving the issues.

 

Other Motions Motion Practice. Motions shall be heard at a date and time set by the judge or judicial assistant. It is the attorney’s responsibility to schedule the motion with the court, and a motion filed only with the clerk of court will not be scheduled until a specific request by phone or in writing is made of the court for a hearing date and time. Motions, supporting documents and briefs should be filed with the court and served on the nonmoving party at least twenty (20 days before the hearing date unless provided otherwise by these rules or order of the court. The opposing party should serve and file a written response at least five (5) days before the hearing. Motion hearing dates will not be set until motion is filed.

Link to comment
Share on other sites

@sillycanoe We have another Wisconsin member, @Percyb, who recently filed a motion to compel arb in small claims court and had it granted. Percyb's junk debt buyer plaintiff actually paid all of the JAMS fees in arbitration and the hearing is coming up soon. Perhaps @Percyb would be able to share a redacted copy of the motion to compel, other motion papers, and have helpful advice to share. 

Link to comment
Share on other sites

@sillycanoe I just now saw that you have another thread going on a summons for judgment that valued member @BackFromTheDebt has been walking you through. Is this the same case as this thread's? If yes, it's best to keep it all in one thread. You get the best and most informed help if all the information is in one place. Members don't have to switch back and forth between threads to have current info. You won't get uninformed or duplicate advice. 

Link to comment
Share on other sites

53 minutes ago, Brotherskeeper said:

@sillycanoe I just now saw that you have another thread going on a summons for judgment that valued member @BackFromTheDebt has been walking you through. Is this the same case as this thread's? If yes, it's best to keep it all in one thread. You get the best and most informed help if all the information is in one place. Members don't have to switch back and forth between threads to have current info. You won't get uninformed or duplicate advice. 

Yes its the same case. @BackFromTheDebt mentioned to look into this subfourm so I thought asking here for the mct would help.
@BulldogerI did and it says I have the right to arbitration.

Link to comment
Share on other sites

As far as the MTC --

Pretty much use as much as you can of other people's MTCs.  

At the top, you need the court, the case # and the parties.  I know you told the county, but I forgot.  

 

Something like:

Small Claims Court for XXXX County 

SC YYYYYYY

Bad Guys 

v. 

Noble Debtor

 

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

Motion to Compel Arbitration

 

(and then the body of the motion here).

 

In your motion make sure to quote the section of the agreement which says you are entitled to arbitration.

Of course, include the ENTIRE agreement.  

Link to comment
Share on other sites

49 minutes ago, BackFromTheDebt said:

As far as the MTC --

Pretty much use as much as you can of other people's MTCs.  

At the top, you need the court, the case # and the parties.  I know you told the county, but I forgot.  

 

Something like:

Small Claims Court for XXXX County 

SC YYYYYYY

Bad Guys 

v. 

Noble Debtor

 

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

Motion to Compel Arbitration

 

(and then the body of the motion here).

 

In your motion make sure to quote the section of the agreement which says you are entitled to arbitration.

Of course, include the ENTIRE agreement.  

Thanks

Link to comment
Share on other sites

On 5/23/2021 at 10:19 PM, sillycanoe said:

Do I sign the answer and  MTC and sign and notarize the affidavit then make the 2 copies or make 3 copies of everything and sign them all and notarize 3 copies of the affidavit?

I would usually notarize one copy and make copies of the original, but notarizing all 3 would work.  

Link to comment
Share on other sites

  • 2 weeks later...
On 5/29/2021 at 9:31 PM, sillycanoe said:

OK everything is filed. Received a letter 2 days later for hearing set in about 2 months.

Is that normal or does that mean the judge is not going to grant the MTC?

It’s normal to schedule a hearing.  Judge will address the motion during the hearing.   At least that’s how my case was handled.  

Link to comment
Share on other sites

  • 2 weeks later...

Received a letter that I have a notice of hearing on 6/24 as a status conference.

Received a packet from their lawyer saying my request for review was denied because it is my debt according to them. Included a whole bunch of
statements, bill of sale to midland, and a affidavit for a witness.

Is this a good thing or bad?

Link to comment
Share on other sites

  • 1 month later...

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...