titans1987

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About titans1987

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    Kansas
  1. thorslaw - could you clarify the document you are referring to? I think I've found the one you reference, but it only goes up to page 94. It does have the part from page 20 that you mention about the accuracy. Thanks
  2. No - he had been helping me with my issues over private messages recently, then one day never heard back from him
  3. It seems that this ruling would be in my favor as well, if I am understanding it correctly http://www.kscourts.org/cases-and-opinions/opinions/ctapp/2009/20090731/100231.htm
  4. Thanks Linda. They attorneys have given no response to me at all about my election of arbitration
  5. No worries LInda, I'm grateful for your help period so won't be complaining about "timeliness" Yes - I am being sued by the same plaintiff on two different cases. I submitted a seperate MTC Arbitration on both of these cases. The motions both include the language from the agreement which states thing will be resolved by arbitration if elected. I also included under it an excerpt from the FAA 9 USC Sections 1- 2 and a paragraph about ATT v Concepcion GE Money paragraph: 3. The parties are bound by the GE Money Bank Credit Card Agreement. The Arbitration Agreement states among other
  6. I wanted to share that because that comment is 85% this board and 15% me. I've gotten good advice and no matter how things eventually play out, without the help from this forum I'd not be about to mount as effective of a defense as I have thus far.
  7. Linda - I only sent the Plaintiff's Attorney a Meet and Confer letter electing arbitration (and a copy of the MTC Arbitration filed with the court). I can PM you those letters if needed. I did not sent to the JDB as well. The agreements filed with the MTC were a 2010 GE Money agreement and a 2006 HSBC agreement (two different matters have suits on them). Both of my agreements in the MTC included an affidavit stating those were the terms in effect for the alleged debts.
  8. Thanks for the input everyone. Had court yesterday and did not talk to the opposition before we were called up (because the opposition showed up about 3 minutes after our scheduled start time). What did happen though was: During the pretrial conference the judge asked if we had an opportunity to talk about settling outside of court to which I responded that my settlement offer was included in the pretrial questionnaire I had submitted to the court and to the plaintiff. She responded that they had not had time to discuss the matter with the client and would need 30 days to do so and tha
  9. Had the Pretrial Conference yesterday and things didn't go exactly as expected. The judge was reviewing my motion to compel and told us that he was not sure about it and he ordered myself and the opposition to "research arbitration clause and how it applies to claims against cardholder or issuer" I just wasn't prepared to argue at that point so we are appearing again in a month with our findings. I am not not sure why he is questioning this - it seems clear to me from the language that essentially any dispute can be sent to arbitration if either the creditor or consumer elects it. Any i
  10. Quick question for anyone - I have court tomorrow and am wondering about the appropriate way to handle dealing with the opposition attorney. I know that before the judge calls me that the opposition is going to ask me to come out into the hallway to "talk" (I've seen her do it first hand with several people when I went to the courthouse to observe a month ago) So I'm wondering if I should: A. Go into the hallway, listen and then polite refuse any settlement offers or arrangements with them B. Politely tell her that I have already filed my motion to compel arbitration and am not interes
  11. Thanks for the feedback. I have already filled a motion to compel in December - after doing so the answer heating was canceled and this pretrial conference scheduled. For #4 I put that because the form on the court site had the following after #4 as kind of a sub question (I think) a. The Court has jurisdiction over the parties and the subject matter. I don't have a way to remove that and get this filed tomorrow so what damage does that have to me? I don't want to cross out my answer there I imagine.
  12. I have elected arbitration but there is a pretrial conference set & the court rules require a pretrial questionnaire be filled out. So even though I have elected arbitration I want to be sure to submit this questionnaire as well. Can some of you smart people look this over and see if I should answer these differently or if this looks ok? Thanks! ------------- 1. Name a. titans1987 2. Contentions and theories of recovery: a. The alleged debt in question is governed by an arbitration clause which I have enacted. b. If arbitration is not granted, the defendant does not ha
  13. I am filling out the JAMS paperwork to get it ready to go and am stumped on a couple points: Nature of Dispute: Claimant hereby demands that you submit the following dispute to final and binding arbitration.Do I include the court case information here? Not sure what to put at this part. Claim & Relief Sought by Claimant: claimant asserts the following claim and seeks the following relief.How in depth do I get on this - do I point out that the entire claim should be dismissed and it is because of Reasons A, B, C, & D with an explination of each point. Do I also include what I believ
  14. So the letters & order of events should be: #1 - Send a Meet and Confer letter to the Plaintiff's Attorney (CMRR) - does one go to the court as well? #2 - Send my response to the Petition to the Attorney & a copy to the Court. This will include a copy of my Meet and Confer letter electing arbitration (CMRR in both cases)