Help with Amended Motion to Compel

[RickyBobby101]

Update: 

I found out what I did wrong for my Motion to Compel.  First I used SoloSuit and trusted what they recommended for my state and county.  I didn't include things recommended from this website.  This debt is with a debt buyer, Portfolio Recovery Associates  for $3,500 for Amazon.  I responded with an Answer and Motion to Compel Arbitration (in Maricopa County AZ).  At first the court cancelled the schedule mediation and awarded my Motion to Compel Arbitration!  I promptly opened the AAA case and paid my $200.  Then Portfolio filed docs with the court (Plaintiff's Opposition to Defendant's Motion to Compel Arbitration and Stay Proceedings. Then a Motion to Set Aside. There were three problems as seen below.  I think I can submit an amended Motion to Compel, but it would have to be tomorrow.  I can easily figure out problems #1 and #2, but can't figure out the problem for #3.  No lawyer will take this part on, because the three lawyers are not supporting the Motion to Compel argument for people!

Any advice would be so greatly appreciated!  Thank you!

Problem #1 - Defendant's motion should be denied because it fails to comply with JCRCP rule 128 (that I include a needed sentence - which I do know now).

Problem #2 - Defendant failed to attach the alleged credit card agreement she claims mandates private arbitration.  I will include that now as a marked exhibit

Problem #3 - Defendant waived her right to arbitrate this matter therefor jurisdiction is proper (I did though write it on my answer as was advised here, but they are maybe saying I should have no - the word is arguendo.  

 

Mary

 

[Bulldoger]

Case 1,  either call attorney ASAP and beg for a payment plan you can afford otherwise your going to get your wages garnished.

Wage garnishment in Arizona is limited in accordance with the federal Consumer Credit Protection Act (CCPA). This means that garnishees may withhold no more than 25%* of your non-exempt disposable earnings to be paid to a single judgment creditor. It's first come first served so if you get two judgements the second one will have to wait till the first one is paid off.  You can't be fired if you have one garnishment but you can be fired if you have two. 

you may be able to stop it garnishment depending on your financials of course.  Bankruptcy would take care of all your debts if you qualify for chapter 7 is may be the best option as it  would stop the case 2 and anyone else down the road that my come after you.   

read this: https://lernerandrowelawgroup.com/wage-garnishment-in-arizona/#:~:text=Generally speaking%2C if multiple judgment,repaid to begin garnishing wages. 

Case 2 not enough info. submit redacted copy of PRA motion and the credit card agreement's arbitration clause.  also are you rounding the 3500 as that is the limit for small claims.   

[RickyBobby101]

I provided an update 3/27 - and new title:  Help with Amended Motion to Compel  

 

 

 

 

 

 

 

 

 

 

 

 

[Bulldoger]

@RickyBobby101 

#1 deals with discovery Rule 128: Sanctions for discovery violations.  I have no idea what's happening there. 

#2 Problem #2 - Defendant failed to attach the alleged credit card agreement she claims mandates private arbitration.  I will include that now as a marked exhibit

Make sure you include an affidavit stating it's the correct CC agreement.  

#3 They say because you filed an Answer you elected the court as jurisdiction and waived your right to arbitrate. You should have just filed the MTC and no answer is what they are arguing. 

My understanding is that you can file a MTC as long as you don't utilized the courts. You listing MTC as an affirmative defense makes it clear in my book that you haven't waived your right to file an MTC.  

That said you are in Maricopa County Justice Court, don't be surprised if it's still denied.  it appears the Judge there is not keen or doesn't know how the law should be applied on contractual arbitration see @Mistymouse4590 posts.