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FL - MTC ARB - Midland


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Hello,

I've got a hearing set to argue why the judge should grant my MTC Arb, what should be my talking points. In the MTC I provided points from the Arb agreement from Comenity Bank.

 

Arbitration may be elected by any party with respect to any Claim, even if that party has already initiated a lawsuit with respect to a different Claim. Arbitration is started by giving a written demand for arbitration to the other party.

(b) IF YOU OR WE ELECT TO ARBITRATE A CLAIM, YOU WILL NOT HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM. ALSO, YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE LIMITED IN AN ARBITRATION THAN IN A LAWSUIT

 

Those are my two standing points. Any other advice before my hearing? 

Attaching the original arb argreement. 

Screen Shot 2023-03-07 at 3.09.04 PM.png

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Did opposing party file a response the attorney I was against filed it day before hearing.  If they do that ask for continuance to file a proper response.  

this is how I defended my MTC 

https://www.creditinfocenter.com/community/topic/335720-protas-spivok-collins-llc-file-suit/page/2/

This isn't you first rodeo is judge different in this case? If not should go same as last time. 

 

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Yeah, judge is different, this one seems more relaxed and more consumer friendly. He asked how much time I would need to argue my Motion and scheduled it for a virtual hearing. 

Opposing party did not file any counter or response. It's the same law firm on the other MTC I had granted, they didn't have a response and had a rent a lawyer come to the hearing. 

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If you get any pushback from opposing counsel or the judge, here are the arguments I would make:

It's your right under the contract.

The law, including rulings by the US Supreme Court, favor arbitration.

You want arb because it is private, whereas everything done in court is part of the public record. You prefer to keep financial matters private.

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  • 1 month later...
On 3/8/2023 at 2:43 PM, nobk4me said:

If you get any pushback from opposing counsel or the judge, here are the arguments I would make:

It's your right under the contract.

The law, including rulings by the US Supreme Court, favor arbitration.

You want arb because it is private, whereas everything done in court is part of the public record. You prefer to keep financial matters private.

My hearing for my Motion was cancelled and M C M filed for a Motion for Summary disposition

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1 hour ago, Crazynstupid321 said:

My hearing for my Motion was cancelled and M C M filed for a Motion for Summary disposition

Are you sure it was cancelled? And not moved to same time as MSD?

Your in Florida so all you have done if filed MTC and/or answer.

What grounds could MCM have to file a Motion for Summary disposition other than what was in complaint.  

Did MCM start discovery and you complied? 

file a response to MSD stating MSD is untimely as you already filed a MTC which has not been hear.  etc..

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On 4/17/2023 at 7:50 PM, Bulldoger said:

Are you sure it was cancelled? And not moved to same time as MSD?

Your in Florida so all you have done if filed MTC and/or answer.

What grounds could MCM have to file a Motion for Summary disposition other than what was in complaint.  

Did MCM start discovery and you complied? 

file a response to MSD stating MSD is untimely as you already filed a MTC which has not been hear.  etc..

The hearing date itself was cancelled, there hasn't been another date in the docket, I'll file my response stating that. 

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