Quote:
Originally Posted by FootballGuy
Did you get notice of this:
"MB got an arbitration award by the National Arbitration Forum. "
If they have a arbitration award they must have send you a notice of the arbitration hearing??
|
Quote:
Originally Posted by FootballGuy
Did you get notice of this:
"MB got an arbitration award by the National Arbitration Forum. "
If they have a arbitration award they must have send you a notice of the arbitration hearing??
Actually, yeah. That's when I called them the 2nd time.
When I originally received a correspondence from MB, I called and that's when the guy said I had to deal with them - not Chase. Figuring they were a 3rd party not legally entitled to the debt, I told them I want to receive correspondences from Chase since that's who I had a contract with.
Later, at some time, I received a letter about Arbitration. I think that's what you're referring to. When I received it, I called MB again. I refused to give them my social security number and was called "uncooperative." After all the stuff I read about Mann-Bracken, the last thing I wanted to do was give them my Social. :mad: Even when I said I had the file ID number, or whatever it might be called, the lady I talked to said I'm wasting her time because she wouldn't look for my records without my social. The odd thing is that the first time I called, all I had to do was verify my address. :confused:
After doing some research on Arbitration and Debt Collectors, I found that Arbitration, on its own, doesn't carry any legal weight. Once I found that out, I again refused to talk to them. I obviously couldn't call them and I was hung up on on repeated occasions. Well, actually only 2, but that's just rude! :mad:
I was looking over the summons again and the entire thing is a "Petition to Confirm an Arbitration Award." Is this looking like a bad sign? :( Or, do I still file to defend and then ask for the documentation as mentioned earlier?
It make your case harder, but do defend. Follow the advice given.
Okay, I'm back. I hope everyone had a great Thanksgiving! :D
Regarding this situation, I called the Circuit Court of Baltimore City today. It was an autimated number. When I pressed "0" for the operator, it just kept ringing and then said "Operator is not available. Exiting the system."
I was calling to find out how exactly I file an Intent to Defend. :( Does this PDF document appear to be what I want? I found this from the Baltimore City Circuit Court website that was linked to from the link Mr.Yet provided. But, right at the top under the directions, it says that this form it says
"This information report cannot be accepted as answer or response" - which, unfortunately, is what I was "summoned" to do. :confused:
At this point, I believe I'm just looking for an Intent to Defend. But, am I also looking for a Motion for Discovery at the moment? I'm kind of looking to avoid a physical trial - if possible.
Thanks!!
PLAINTIFF IN THE CIRCUIT COURT
FOR BALTIMORE CITY
V CASE #
DEFENDANT
NOTICE ON INTEND TO DEFEND
Introductory Certification
YOUR NAME HERE, the undersigned Affiant,
Hereinafter “affiant” does solemnly swear, declare, and state as follows:
1. Affiant's is competent to state matters set forth herewith, and of legal age.
2. Affiant's has personal knowledge of the facts stated herein.
3. All facts stated herein are true, correct, and complete in accordance with
Affiant's best firsthand knowledge and understanding, and if called upon to testify
As a witness, Affiant's shall so state.
STATEMENT OF PLAIN FACTS
State only the fact to the case,
Admit or deny only.
Awesome! Thanks Mr.Yet! A couple more questions though...sorry. :o
1. This is just something I can put on MS Word and fill out and return to the circuit court?
2. Under the title "Introductory Certification", do I put anything beyond my address/contract information?
3. If properly filled out, do I just send this in? No attachments or anything?
4. And lastly, under the "Statement of Plain Facts", is this were I basically defend myself - citing examples of my effort to contact MB?
Thanks for all your help! I do sincerely appreciate everything! And again, I apologize for being so "green" if you know what I mean. ;)
Oh, and just to add, I called the Circuit Court again but failed to reach even an operator. When I went to their website, it doesn't say their closed or anything. :confused:
2. Nothing else
3, no attachment, they come later at the hearing
4. state only what the facts are in this case.
Mostly read the paper work again, and either admit or deny their statements .
You must deny you owe the debt, or they will get summary judgment
Hello,
I just wanted to post an update about my situation. Per Mr. Yet's advice, I sent in exactly what he told me to both the plaintiff's attorney, (MB), and the court. As I receive some kind of correspondence from either of them, I'll post back.
Regardless of the outcome, I just wanted to say "Thanks" for all you guys' help! I went from feeling like I was in a whirlpool to at least being able to enjoy the upcoming holidays! :D
Again, thanks and I'll update as I receive more information!
Just updating ... with some bad news. :(
I got a letter from the city circuit court today saying that there was an award found in favor of the plaintiff and against me for the amount and court costs.
Any thoughts on the next step? I find it hard to believe that any credit card company/collector can get an award without ever having to present a contract. :confused:
EDIT:
Just thought of something. When I received the original summons from the court, it had the stuff from Mann-Bracken already attached. About a month or so later, I received something with those same letters/proof that was included with the original summons as "evidence." When I sent a letter back to the court, I never received anything back until now - this award. Does that make sense?
You got a letter? You mean the judge didn't offer a ruling at the hearing? Did he say he was taking the case under advisement? Generally, they don't send such things in a letter unless it's a default judgement. Such rulings should be delivered in person at the time of the hearing.
Are you sure you didn't miss a hearing?
File Moton to Vacate, lack of due process, Lack of personal jurisdiction, and subject matter jurisdiction.
You have the right to face your accusers, I that did not happen you were denied due process.
Add this statement to your Motion also
Defendant who is unschooled in the law
And ask that the court take Judicial Notice of the enunciation of principles as
Stated in “Haines v. Kerner, 404 U.S. 519,” wherein the court has directed that
Those who are unschooled in law making pleadings and/or complaints shall have
The court look to the substance of the pleadings rather than the form, and also
Hereby makes the attached memorandum, including the related documents
Attached herewith, in the above-referenced case. Furthermore, Defendant hereby
Requests the judge notify them of any sua sponte, rights or remedies they may
Overlook.
Furthermore, Defendant ask that the court take Judicial Notice that statements of
Counsel in Brief or in oral argument are not facts & before the court, only the
Parties statements made under oath, and the PARTIES pleadings, motions, etc
Carry any weight & counsel is not a & “Party to the suit.”
Mr Football Guy--- are you saying that you never took out a credit card and never defaulted on the payments? Or are you just going to court to try and get out of paying?
It seems that the Court will want you to either deny the debt or to say what the plans are for paying it.
Okay, so I finally found the last correspondence I received - this one from Mann-Bracken. It was a copy of what was sent to the courts. Specifically, it was a "Motion to Confirm Arbritration Award and Enter Summary Judgement Against The Defendant"
After that, I never received anything from the court until I just received the judgement. No trial date missed or anything like that.
As for the debt, I did deny the charges. More specifically, I sent this in:
Quote:
NOTICE ON INTEND TO DEFEND
Introductory Certification
NAME, the undersigned Affiant, hereinafter “affiant” does solemnly swear, declare, and state as follows:
1. Affiant's is competent to state matters set forth herewith, and of legal age.
2. Affiant's has personal knowledge of the facts stated herein.
3. All facts stated herein are true, correct, and complete in accordance with Affiant's best firsthand knowledge and understanding, and if called upon to testify as a witness, Affiant's shall so state.
STATEMENT OF PLAIN FACTS
The defendant, despite numerous requests to the attorney representatives – Mann-Bracken, LLC - for the Plaintiff, have not received any copy of the Cardmembers Agreement, referenced in the filed Petition to Confirm Arbitration Award. Without this contract nor documented correspondences supporting alleged expenditures, the defendant has no knowledge of this alleged debt AND DENIES OWING THE ALLEGED DEBT.
Following the notice from Mann-Bracken, LLC regarding the Arbitration Award attempt and preceding the arbitration forum's findings, the defendant contacted the Plaintiff's attorneys again demanding the presentation of the Cardmembers Agreement and expenditures inclusive to the debt in question. Plaintiff's continued refusal to provide verification of the alleged debt speaks of fraud. Defendant hereby demands strict proof of the alleged debt.
Defendant hereby challenges the jurisdiction of this court to hear the alleged matter before it.
Whereas, defendant was never service any document for the plaintiff, defendant hereby request the court to dismiss for lack of jurisdiction and improper service.
I ask the court to take Judicial notice to the court of HAINES v. KERNER, ET AL. 404 U.S. 519, 92 S. Ct. 594, 30 L. Ed. 2d 652. Pro se , to hold to less stringent standards than formal pleadings drafted by lawyers, it appears "beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.
CONCLUSION
WHEREAS, PLAINTIFF'S FAILURE TO PROVIDE VERITFICATION OF THIS ALLEGED DEBT, FAIL TO PROPERLY SERVE THE ALLEGED Arbitration Award TO THE DEFENDANT. THE COURT LACKS SUBJECT MATTER JURISDICTION TO HEAR THE ABOVE TITLED ACTION BEFORE IT.
THEREFORE, the defendant requests that the court dismiss with prejudice the above title action, for want of jurisdiction and no proper service from the plaintiff. Defendant further request that the court grant judgment against the plaintiff for the defendants time and cost in this matter.
Regarding the next step, I just started a new job. While I really needed it, it might be disastrous if my wages are garnished. :eek: But, with this new job, I would rather not take any time off to try to slug this out. Then again, I shouldn't have to pay this!! All in all, if I send in a notice to vacate, what will happen next? Will I have to meet in person with these people? Should I hire a lawyer? The amount of the award is $2500. I'm not sure how much a lawyer or anything like that would cost and I have no clue what my odds for getting this off my back would even be if I pursued that option.
Also, there are no directions in the letter from the court. How long do I have to file a response? Can they start garnishing my paycheck next period?
Lastly, when I sent my response into the court, I thought I sent two copies with a SASE. The more I think about it, I may have only sent in one copy - but with a SASE. Should the court have copied and returned the aforementioned letter if I sent only one copy? Really, I getting paranoid that maybe they didn't get a copy...
Thanks for everyone's responses. I don't know what I'm doing and thinking about this literally makes me ill. :o
When you do finally go to court demand to see the original contract, they must have it, if no contract than no claim. Deny all until they produce the original to compare signatures. Remember due process must be afford to both parties. Make should that the plaintiff is there. No plaintiff, no jurisdiction. ALso attorney cannot testify for there client.
Okay, so if I got this right, you're saying to file a motion to vacate judgement. Then, assuming the court is okay with that, they'll set a trial date.
Is that correct?
Also, regarding the trial, would I need anything that says I want to see the original contract? And, lastly, regarding the motion to vacate judgement, do I just send something to the court - kind of like the original response: 1 copy to the attorneys, two to the courts and a SASE with the copy to the courts?
Sorry to be such a pest, but I was just curious if I should send the 3 copies of the Motion to Vacate Judgement in? (1 to plaintiff attorneys, 2 to the court).
Also, assuming I didn't send anything in, what is the next step? It just kind of seems like everything is very informal right now.
Yes file them asap with the court ,and mail copy to attorney for the plaintiff.
Last question regarding the current situation: Would it be advisable to just hire a lawyer? If so, I'd like to do it prior to sending in a notice to vacate judgement... I think. At the same time, I'm not sure how much a lawyer would cost, but I imagine it would be less than the $2500+ this debt is for. But looking at it financially assumes I'd win and only have to pay a lawyer.
Any suggestions, please? :confused:
More questions...
I think I'm set on sending the File Moton to Vacate. But I'm trying to get my mind wrapped around this - more for myself than anything. :confused:
Right now, is the only thing I want to do is send in the File Moton to Vacate? Then, if I'm correct, assuming I get a court date, I can then demand to see the contract, right? My confusion is regarding the whole "Motion of Discovery" thing. Is that something I need to file with the court in order to demand to see the contract or can I just demand to see the contract without filing anything formally?
And lastly, regarding the original contract, if that is something I need to file, should I send it in with the File Moton to Vacate or wait to see if I get a court date?
Again, I apologize for asking so many questions. I really feel like hiring a lawyer, but I have no idea how much that would be and most of them suggest I come in and consult. That's fine, but I really can't take time off a job I just started to chat about something that I feel I'm already being properly guided in.
Sorry for the rant there and I appreciate anything anyone can suggest regarding this matter. I'm really anxious to send out the File Moton to Vacate and hopefully stop any kind of bank account seizing or wage garnishment :eek: but need to make sure I'm doing this properly.
Sorry to kind of bump this thread, but I just did what I think is the final copy of the Notice to Vacate Judgement. If anyone could please just give it a look over and please let me know if there is anything I should change, I would REALLY appreciate it.
Obviously I left out personal information relating to this case.
And should I file anything else with this? That is, should I just send this in and wait for a response from the court/plaintiff attorneys or should I also write in a motion of dismissal or motion for discovery?
I'm really just trying to get a chronological outline of what I should be doing.
Oh, and perhaps most importantly, do I have to "file" these papers at the courthouse or just send them in?Quote:
N THE SUPERIOR COURT OF THE STATE OF [STATE]
IN AND FOR THE COUNTY OF [COUNTY]
[Plaintiff] Plaintiff,
vs.
[Name] ,
Defendant.
No. [COURT REFERENCE NUMBER]
MOTION AND DECLARATION TO VACATE JUDGMENT
NOW COMES the Plaintiff, Pro Se and prays this Honorable Court to Deny the Defendant's Motion to Dismiss and Motion for Sanction for the following reasons:
1. Relief requested. The defendant moves the court for an order vacating the judgment entered in this action and staying enforcement of the writ of restitution until the motion can be heard.
2. Statement of facts and issues. This motion is based on the following grounds: Lack of due process, lack of personal jurisdiction, and subject matter jurisdiction. The defendant has the right to face his accusers.
Defendant who is unschooled in the law and ask that the court take Judicial Notice of the enunciation of principles as Stated in “Haines v. Kerner, 404 U.S. 519,” wherein the court has directed that those who are unschooled in law making pleadings and/or complaints shall have the court look to the substance of the pleadings rather than the form, and also hereby makes the attached memorandum, including the related documents attached herewith, in the above-referenced case.
Furthermore, Defendant hereby requests the judge notify them of any sua sponte, rights or remedies they may overlook.
Furthermore, Defendant ask that the court take Judicial Notice that statements of counsel in Brief or in oral argument are not facts & before the court, only the parties statements made under oath, and the PARTIES pleadings, motions, etc.
Dated: [Month] xx, 2007
______________________________
Defendant
Name:
Address:
Telephone:
DECLARATION
I, [NAME], declare as follows:
1. I am the defendant in this unlawful detainer action.
2. I request that the judgment entered in this action be vacated for the following reasons:
The plaintiff and respective attorneys for the plaintiff never responded to my request for validation, therefore never giving any proof that the debt was mine under the FDCPA.
I certify under penalty of perjury under the laws of the state of [State] that the foregoing statement is true.
Signed in [City], [State] on [Month] xx, 2007.
__________________________________
[Name Printed]
Thanks for all eveyrone's help so far! I truly can't convey that enough!! :)
| All times are GMT -7. The time now is 09:57 PM. |