shellieh98

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shellieh98 last won the day on May 21 2017

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About shellieh98

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  1. shellieh98

    Not a Lawyer, not a loser

    While you did your homework, I am afraid it will be a moot point in the AZ courts. They allow the jdb to authenticate records sold to them. My question is, The account has an arbitration clause, why did you not compel for arbitration? That seems to be the best way to beat the AZ courts as of yet. like to get @Harry Seaward opinion on this.
  2. shellieh98

    MIDLAND FILED MOTION TO DENY MY ARB MOTION PLEASE HELP!

    It is an alleged account, but I would not put it's an alleged agreement, that gives other side argument. You want to say this is the agreement governing the alleged account.
  3. yea I caught that, I changed it but you saw it first lol
  4. The ONLY way you will get the delete tradelines is if you win with prejudice in court, or if you pursue arb, and they don't go, and can't sue you again. You will not negotiate a remove trade-lines from a OC. unless you pay the full amount, and even then they won't usually do it.
  5. here's a thread that you can learn from about arbitration. Also read threads in the arbitration forum on this site. come back and ask questions.
  6. shellieh98

    Sued by Cavalry in Arkansas

    also you can look into ARK. rules of civil procedure. Different states have different rules on when you can and cant use arbitration. Citibank has an arb clause if it's not small claims. You may be able to file a MTC private contractual arbitration with JAMS, even though you have done some litigation. I have seen where a defendant has asked for arbitration at the trial, and it was granted. search your rules. It's very doubtful Calvary will go, Iv'e never seen them. The OC would go, but rarely will a JDB go.
  7. shellieh98

    Sued by Cavalry in Arkansas

    Accounts with a written contract is 5 years. However it would be dependent on what the cause of action was. if it is account stated, that is not a written contract, and is subject to 3 years. BUT in your 1st post you say they filed against you in 2015. If your last payment was in 2013, they are still within the SOL.
  8. shellieh98

    Post bk7 Discharged 8-28-17 No credit file?

    you are 2 weeks out of BK, and are trying to get a CC? No bank in their right mind would do that, secure or not. Give it a few months anyway.
  9. well for 1, jdb lawyers troll this board. What if he was yours? He would know your every move. 2. Not saying we have any weirdos here, but you still don't want any joe blow calling you, or popping in for a visit.
  10. shellieh98

    Being Sued in WA/ DIscover

    if you go to JAMS, the most it will cost you out of pocket is 250.00. That being said, if it is Discover that is suing you, they will go, and you will probably lose. you can try to negotiate a lesser amount, but they will have the goods.
  11. colorado WA may have mandatory arbitration, and you do NOT want that, it is a court arbitration, and you will lose. you want to get this out of the WA court. The plantiff will oppose a motin to compel private arbitration, and state WA has an arbitration process. you will need to respond to that asserting your rights with the credit agreement and request JAMS or AAA. Midland will not go, but they will fight to keep it in court.
  12. sample motion. MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND MOTION TO DISMISS OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION NOW COMES Defendant xxxxxx, appearing Pro Se for its Petition to Compel Private Contractual Arbitration and as grounds thereto states the following: 1. That on or about XX/xx/xxxx, Plaintiff filed its Complaint against Defendant 2. Defendant moves this court to compel binding Private Arbitration based on the terms and conditions of the Credit Card Agreement (see Exhibit A attached). 3. The parties are bound by the Credit Card Agreement. The Arbitration Agreement states among other things: (put what your agreement actually says) a) YOU AND WE AGREE THAT EITHER YOU OR WE MAY, AT EITHER PARTY’S SOLE ELECTION REQUIRE THAT ANY CLAIM BE RESOLVED BY BINDING PRIVATE ARBITRATION. ( IF YOU OR WE ELECT PRIVATE ARBITRATION OF A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY. c) YOU OR WE MAY ELECT ARBITRATION UNDER THIS ARBITRATION PROVISION WITH RESPECT TO ANY CLAIM, EVEN IF THE CLAIM IS PART OF A LAWSUIT BROUGHT IN COURT. YOU OR WE MAY MAKE A MOTION OR REQUEST IN COURT TO COMPEL PRIVATE ARBITRATION OF ANY CLAIM BROUGHT AS PART OF ANY LAWSUIT d) CLAIM MEANS ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND OR NATURE BETWEEN YOU AND US. 4. The Supreme Court Ruling, decided April 27, 2011, AT&T MOBILITY LLC v. CONCEPCION et ux, states that courts must enforce arbitration agreements according to their terms. If there is an arbitration clause in the contract, that clause must be honored. "We have described this provision as reflecting both a 'liberal federal policy favoring arbitration,' Moses H. Cone, supra, at 24, 103 S.Ct. 927, and the 'fundamental principle that arbitration is a matter of contract,' Rent-A-Center, West, Inc. v. Jackson, 561 U.S. ___, ___, 130 S.Ct. 2772, 2776, 177 L.Ed.2d 403 (2010). In line with these principles, courts must place arbitration agreements on an equal footing with other contracts. Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 440, 443, 126 S.Ct. 1204, 163 L.Ed.2d 1038 (2006), and enforce them according to their terms. Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ., 489 U.S. 468, 478, 109 S.Ct. 1248, 103 L.Ed.2d 488 (1989). 5.The Defendant elects arbitration with JAMS to settle this dispute. WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration pursuant to the Cardmember Agreement. Respectfully submitted this day xxxx, 2017 Me, Defendant, pro se VERIFICATION BY AFFIDAVIT Personally appeared before me, the undersigned, who on oath states that the facts set forth in this MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND DISMISS OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION are true and correct to the best of (his/her) knowledge and belief. _______________________________________ XXXXXXXXXX, Defendant Pro Se Witness my hand and official seal this the _________ day of __________, _________. (SEAL) ____________________________________ Notary Public My Commission expires: ____ / ____ / ________. I CERTIFY that I mailed a copy of this MOTION to: XXXXXXXXXXXXXXXXX., Plaintiff's attorney Their address By: Your name typed, Defendant Date: __________________, 2017
  13. you can drop 3, you already stated it in 1. Your motion. You basically copied and pasted the credit agreement. Also, take it down, you have your personal information posted on an open forum internet. do it now. I will look for a copy of a motion you can alter to fit that has fed. case law.
  14. So if it is not small claims court, citibank sears has an arbitration clause. in your answer deny all allegations, you can put true to things like your name addy, but everything else you can deny. for a reason you can put there is insufficient information for defendant to admit or deny, therefore denied. Don't give them Anything else. Then in your Affirmative defenses number 1 should be 1. The alleged account carries an arbitration agreement according to the contract. Defendant demands arbitration with private arbitration such as JAMS. 2. Plaintiff lacks standing. Then same day or a day or 2 after, file a motion to compel private contractual arbitration. You can find a copy of the Citibank Sears credit agreement at the CC database https://www.consumerfinance.gov/credit-cards/agreements/ Print it out and attach it to your motion. You can search here in infocenter forum for a sample of the motion. Just use key words such as motion to compel private contractual arbitration. You will need to change some things in it to match your credit agreement exactly. If the judge grants your motion, midland will most likely go away, ask you for a mutual dismissal. Study and then come back with questions.
  15. is this civil court. or small claims?