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Showing content with the highest reputation on 11/15/2016 in all areas

  1. Finally, after a lot of waiting, I received good news. The court agreed with my argument that they don't have jurisdiction, because I opened private arbitration (pursuant to the contract). Note that Velocity did not file an opposition to my motion to reconsider. The court has dismissed without prejudice, and the private arbitration company now has jurisdiction. I will post a copy of the order here later, after I have time to redact and scan it.
    2 points
  2. Welcome: Here are some answers to your questions. I agree that you should serve a BOP. 01. They have not proven ownership of the debt nor even tried to, and are asking for private banking information VIA Discovery? They have to prove things at trial, not in the complaint or during discovery. But we will ask for all documents regarding ownership and they must give you what they have. 02. The account numbers in the complaint are not the original Bank of America account number (Though they did later list the original account # in Discovery)? This will help you at trial. 03. Their SPECIAL INTERROGATORIES are basically empty except for a few definitions that relate to the REQUEST FOR ADMISSIONS, there are no questions in the SPECIAL INTERROGATORIES? Can definitions within SPECIAL INTERROGATORIES be applied to REQUEST FOR ADMISSIONS?! Yes. I am quite sure they checked the box that says, "If your answer to a RFA is anything less than an unqualified admission, state all facts, etc" When is your discovery due? 04. Within the REQUEST FOR ADMISSIONS, they have a single request asking me to verify the documents in EXHIBIT 1 — EXHIBIT 1 is 52 pages of Bank of America credit card statements that COULD possibly be from my account, but I do not have many records of this account to compare to so I have no way of authenticating for certain? and they have already forged a fake transaction history document in EXHIBIT 2 so I have means to believe they could have done the same in exhibit 1? Further the last 12 pages of EXHIBIT 1 are Bank of America monthly credit card statements IN SPANISH, I do NOT speak Spanish?! Isn’t this also unjustly compounded? Using one request to ask me to authenticate over 52 pages of documents that are separate monthly credit card statements? The documents in EXHIBIT 1 are NOT NUMBERED or sequenced in ANY WAY so it would be impossible for me to individually accept or deny certain parts, I’d have to accept all 52 pages of statements in entirety as authentic? Great. Object on the ground that the RFA is compound and unintelligible. Then deny. 05. One of the Discovery documents has my name spelled incorrectly. Typical. Lack of attention to detail. Important detail. 06. I read something saying that they are required to try Alternate Dispute Resolution/ADR but they have not, they included an ADR Packet, but the ADR Section of the complaint was empty/not filled in and appears it is supposed to be? This varies by county.
    1 point
  3. Their only argument was "you don't have the right card agreement". But you offered nothing to force their hand. If you had said ANYTHING, like "then what IS the correct agreement" or "I have not been provided any other agreement" or "what is the basis of your lawsuit if you don't have a contract to sue on"? ... almost anything would have required them to prove that your agreement isn't the right one. They did not change their strategy or aren't folding as in the past. That is just a basic, throw stuff at the wall and see if it sticks, which you were told about several times. If you appeal, they will again question your agreement or say off the wall things to get out of going to arb. You need to know the laws, case laws and what your argument is FOR arbitration and let the judge know your argument if there is a hearing.
    1 point
  4. I haven't met an attorney yet who will tell a consumer they will help them get a case into arbitration because they just don't understand and refuse to accept that this strategy works if done right. If you have the money for an appeal, I would do it. Nothing that happened in Magistrate can be brought up, it's a brand new trial. Therefore, you do the MTC all over again. This time, you get the card agreement for the correct year and get a notarized affidavit testifying that it is the correct agreement. As norm said, combine this with a copy of the AAA welcome letter with your case number on it and the State court should grant your MTC. You better read the magistrate appeal rules closely, you only have a short amount of time and must notify the court and other side you intend to appeal.
    1 point
  5. It does not matter if you lost in Magistrate Court. State Court will hear the case from the beginning as if the Magistrate case never existed. State Court tends to require more paperwork than Magistrate Court. Anyway, if you go into State Court with a MTC, a AAA case number, and proof you paid AAA the filing fee, you would be in pretty good shape. Since it will be more work and more paperwork, you should seriously consider consulting a Consumer Attorney to take care of the appeal as well as negotiating a settlement with the Plaintiff that will pay the attorney's expenses and your expenses. A junk debt buyer would be insane to pay ~ $4000 in AAA fees to try to recover a $1200 debt, so an attorney MIGHT take your case with no payment up front. Nelson Chambers is pretty good. nelsonchambers.com
    1 point
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