Sued by Goldman Sachs and MSJ

[MM85]

1. Who is the named plaintiff in the suit? Goldman Sachs (Marcus)

2. What is the name of the law firm handling the suit? Zwicker & Associates

3. How much are you being sued for? $16,718.67

4. Who is the original creditor? Goldman Sachs

5. How do you know you are being sued? Received Original Complaint, filed answer and now receiving MSJ 

6. How were you served? In person

7. Was the service legal as required by your state? Yes

8. What was your correspondence (if any) with the people suing you before you think you were being sued? None

9. What state and county do you live in? Texas, Dallas County

10. When is the last time you paid on this account? Oct 2019

11. What is the SOL on the debt? 4 years

12. What is the status of your case? Suit served? Motions filed? Trial date set May 2022, but plaintiff filed MSJ

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No

14. Did you request debt validation before the suit was filed? No

15. How long do you have to respond to the suit? 7 Days I believe for the Opposition to MSJ 

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? They submitted the loan agreement and payment history in the original complaint and in the MSJ they submitted the same along with an affidavit for a duly authorized agent for plaintiff. 

 

I've researched and searched this forum for the answers I'm looking for however I'm not pulling anything up. I received the original complaint and filed my general denial. A trial date was set about a year later in May 2022. I haven't filed a MTC arbitration yet and was preempted by the plaintiff as they filed a MSJ.  I know I need to file an Opposition to the MSJ, however, my only defense would be that the contract for which the suit is being bought forth is bound by private arbitration (JAMS/AAA). Do I file my MTC first then answer in an Opposition to MSJ based on Arbitration clause and venue? Or can I file both together? Also is there a general verbiage template for opposition to MSJ for arbitration/venue?

 

Edited July 12, 2021 by MM85
Removing court docs as I didn't redact name/s

[BackFromTheDebt]

Here is the thing.  

As you mentioned, you would pretty much lose an MSJ.  

That means your only hope is to file an MTC.  Maybe that will work.  

You need to file an objection to their MSJ.  Since you mentioned the only defense you have against an MSJ is the MTC, your objection should be based on the court being the improper venue for the MSJ because you filed the MTC.

Yes, you could file them together, unless there is something in the RCP in your jurisdiction preventing you from doing so.  

[MM85]

Does anyone have a sample draft of an Objection to MSJ based on improper venue?

[BackFromTheDebt]

Sorry, it's been over a decade since I did this, and I tossed out all the court papers years ago.  

 

Basically, all you need is to file a paper called an Objection to Plaintiff's Motion for Summary Judgment.

 

In it say something like: 

Now comes Defendant, XXXX YYYYYYY, pro se, in Objection to Plaintiff's Motion for Summary Judgment.

Defendant has filed a Motion to Compel Arbitration.  This Motion will remove the case from the venue of this Court.

Therefore, this Court is not the proper venue for the Plaintiff's Motion for Summary Judgement.

[nobk4me]

You say the plaintiff is Goldman Sachs.  What kind of debt is this?  A credit card?  I haven't heard of them issuing credit cards.   Is it a business or consumer debt?

The reason I ask is, if this is a business debt, you cannot use the consumer rules in the arb forums, which generally limit your fees to either $200 (AAA) or $250 (JAMS).  If it is a business debt, I believe you may have to pay half of the arb fees.  You would be better off staying in court.

Edited to add:  more thoughts.  Not trying to be a downer here, but you have been sued by an OC for a large amount of money.  Even if you do go through arb, it is likely they will follow you and pay the fees.  Arb works best with JDBs, which are more likely to fold and move on to easier prey than pay the arb fees.  If you have a bad case in court, you have a bad case in arbitration.

You may want to consider bankruptcy.  One good thing about Texas is it is a debtor-friendly state.  Judgment creditors can't garnish wages in TX.  

[MM85]

This was a personal loan originated with Marcus which is owned by Goldman, not a business loan. But nevertheless, I need to object to their MSJ so they don't get a default judgment awarded. Strategy wise, I know getting it thrown out by going the route of arbitration isn't going to happen because they're going to follow me into arbitration. So getting them to settle is my best case scenario at this point. If anyone else has any examples of Objections to MSJ templates/verbiage, I would welcome it. 

[BackFromTheDebt]

I assume there is an arbitration provision in the loan agreement.  Otherwise you are wasting time with this. 
 

If there is, your strategy may work.  Some of that depends on the law firm.  If they snatch it away and give the case to an experienced arbitration litigation firm, you are in for a bumpy ride.  If it stays with the same firm you have now, there is always the chance they will mess up.  

[MM85]

Yes, there's an arbitration clause pursuant to the FAA 9 USC. Which for some reason seems to always be clause 18? But I'm researching and drafting my Objection to MSJ and MTC arbitration. Has anyone filed/used a MTC arbitration that has been updated with more recent case law? I've used the one in the arbitration strategy thread once before and was successful in that case. Looking for possibly something a bit more updated. 

[BV80]

3 minutes ago, MM85 said:

Yes, there's an arbitration clause pursuant to the FAA 9 USC. Which for some reason seems to always be clause 18? But I'm researching and drafting my Objection to MSJ and MTC arbitration. Has anyone filed/used a MTC arbitration that has been updated with more recent case law? I've used the one in the arbitration strategy thread once before and was successful in that case. Looking for possibly something a bit more updated. 

Unless the SCOTUS has reversed itself, that case law is never outdated. 

[MM85]

Yes, you're correct. I guess I was referring to citing state cases (specifically in Texas where I'm located) within the MTC argument to button it up. I believe the sample MTC refers to a T-Mobile case but I see that went all the way up to SCOTUS so makes sense and is still valid because regardless of what cases are cited, the contract is bound by the arbitration clause and falls under FAA, not in a Texas court. Thanks for clarifying.