Jump to content

Leaderboard

Popular Content

Showing content with the highest reputation on 06/28/2015 in all areas

  1. Expect a Declaration in Lieu. Be ready with a subpoena for the Declarant.
    2 points
  2. That is the worst possible advice. Never call a JDB under any circumstances. Is there nothing here from Arizona besides trolls?
    1 point
  3. All of the OPs questions have been answered over and over again in reply to posts by other people. First thing any newbie ought to do is read, read, read. @Clydesmom was gracious enough to summarize...no real need for others to.
    1 point
  4. That is compliant with ccp 96. It doesn't matter if they are out of state or 500 miles away. The law office didn't have to be listed, but it's not a violation to do so (they are trying to trip you up here so you think you have to subpoena most likely) That's OK, they don't need to be (remember 2 entirely different statutes, ccp 96 & ccp 98). In my opinion you have no ccp 96 violation and requires no m&c letter (as well as short on time). However, I would only consider these witnesses as properly listed, NOT competent to testify. They still can't lay a foundation for OC records, and they didn't say they were custodians of records (so they may not be able to lay a foundation for anything (including records from plaintiff either). They are telling you that they are going to cancel the ccp 98 declaration and not use it anymore. This is the result of your last m&c letter, you told them you needed info to subpoena and that you will object to the declaration. They are saying you don't need to object to the hearsay ccp 98 declaration because they are going to withdrawal it and instead they are bringing 3 live witnesses (who will basically say the same thing that was in the ccp 98 declaration). You may want to go ahead and file that objection to the ccp 98 declaration anyway. You did send them a good message with that last m&c letter BTW, and have already defeated the ccp 98 declaration. Good Job...
    1 point
  5. Linda7, who was our resident arbitration member, recommends you include this Order for the judge to sign along with everything else you are submitting to him. It is supposedly to make it easier for him to draft an order in your favor. nd here are SAMPLES of Judge's Orders to go along with your MTC arbitration. You would put in your court header information, plaintiff vs defendant, case number, etc. and you could attach it as the last page of your MTC arbitration. It makes it easy for the Judge to check off the boxes that you want. Sometimes they will use your order and other times, they will draft their own order if it somehow differs in what they decide. ORDER GRANTING DEFENDANT’S MOTION TO COMPEL PRIVATE / CONTRACTUAL ARBITRATION WHEREFORE, in consideration of Defendant’s Motion to Compel Arbitration, it is hereby ORDERED and ADJUDGED that Defendant’s motion shall be GRANTED. It is further ordered: ________That this matter is Dismissed without prejudice OR ________To Stay proceedings pending Private/Contractual arbitration. SO ORDERED this _______ day of _______________, 2012 ______________________________________________ JUDGE Or if there is any reason to think the creditor might try and use AAA (Citibank is known for doing this!) instead of your choice of JAMS - then make an order similar to the sample below. If signed, this would keep the creditor from initiating at all as it gives the Defendant permission to initiate and with the order stating JAMS, the creditor could not initiate in AAA. ORDER IT IS HEREBY ORDERED that the Defendant will initiate in JAMS within thirty (30) days. The Defendant must notify both the Court and the Plaintiff in writing when arbitration has been initiated. If the Defendant fails to initiate arbitration within thirty (30) days of this order, the Plaintiff may proceed with its lawsuit. Dated this ______ day of _________________________, 2012. ___________________________________________________ JUDGE
    1 point
  6. Asset Acceptance was acquired by Midland and Home Depot cards are managed from Citi's web site. This evidence may not be as flimsy as it appeared on the surface. Like Harry, I'll bow out now and await the result, whatever that may be. Good luck!
    -1 points
  7. Just use the first paragraph above. Skip "claims and relief."
    -1 points
×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.