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dazednconfused79 last won the day on May 23

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About dazednconfused79

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  1. I just want to thank everybody who helped with my husband's case Especially Fisthardcheese. The case was dismissed without prejudice. I wanted it dismissed with prejudice but I'm just happy it's over.
  2. we had court today and the judge ordered a case review to see if there is an arbitration clause. Even though the other lawyer stated he was "pretty sure" there is an arbitration clause. My husband just stands in front of the judge and let's the JDB do all the talking. Not staying we filed his MTC in February and the plaintiff failed to respond. I'm wondering if the is any way I could help him? Like stand next to him and tell him what to say? It is killing me to just sit back and watch the JDB run the show.
  3. So this happens to my husband other case. Do they typically drop a case before the first hearin?
  4. § 811. Legal actions by debt collectors (a) Venue Any debt collector who brings any legal action on a debt against any consumer shall -- (1) in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or (2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity -- (A) in which such consumer signed the contract sued upon; or (B) in which such consumer resides at the commencement of the action. Would this be a good counter claim/ claim to start arbitration with?
  5. My husband thinks if he gets a dismissal with prejudice that prevents any future lawsuits for this debt. I told him it only prevents Merchant creditors from coming after him. But it could be sold and JDB could sue him. Is that correct or am I mistaken?
  6. My husband keeps allowing the plaintiff to continue. I told him do not allow any more continuances. He was also served another suit. Should I start a new thread or put it on here?
  7. So I was wondering why the plaintiff was stating they never received my response . Even though I sent it certified mail. So I look up the tracking information and guess who did not pick it up until March 5, 2019? (The day after we had court) . I'm tired of them playing games. So I'm thinking I should file a motion. The question is should I file a motion for summary judgment, motion for judgment on the pleadings or both? Wouldn't they both be similar due to the arbitration clause and lack of jurisdiction? Is one better than the other?
  8. I'm almost done answering the motion for summary judgement. Just need some help wording things a bit better. DENIED defendant answered plaintiffs request for admissions and there is an issue of material facts. should I also add that they don't have jurisdiction?
  9. Ok Thank you so much for all your help fisthardcheese... Today was the deadline to answer and the court was closed. How do you think this will effect my case?
  10. 435.460. Notice of arbitration provisions required. — Each contract subject to the provisions of sections 435.350 to 435.470 shall include adjacent to, or above, the space provided for signatures a statement, in ten point capital letters, which read substantially as follows: "THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES." Does this mean I have to put this on ALL documents I send in like my answer to the petition, MTC? or just on the actual contract I'm submitting with the MTC?
  11. NFM sent the bills to the Cass County address (where the suit was filed).The credit card agreement that he signed has his Vernon County address on it.
  12. I believe so. We have a house in Cass County together but he's never there. He's registered to vote and owns a house in Vernon County Missouri which is where he spends the majority of his time. Also I just found out he has another credit card case in Vernon county they just have not served him yet... there have been no recent moves. He owned the house in Vernon County before I met him. The house in Cass County we have owned for over 11 years.