titans1987

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About titans1987

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  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 things: (a) Arbitration Provision. Please read this arbitration provision carefully. It provides that any past, present, or future legal dispute or claim of any kind, including statutory and common law claims and claims for equitable relief, that relates in any way to your account, card or your relationship with us ("claim") will be resolved by binding arbitration if either you or we elect to arbitrate. ( b ) Applicable Law: These terms involve interstate commerce and this arbitration provision is governed by the Federal Arbitration Act, 9 U.S.C §§ 1 et seq. (the "FAA"). ----- HSBC Paragraph: 3. The parties are bound by the HSBC Bank Nevada NA Credit Card Agreement. The Arbitration Agreement states among other things: (a) The parties acknowledge that they have a right to litigate claims through a court before a judge or jury but will not have that right if either party elects arbitration. The parties hereby knowingly and voluntarily waive their rights to litigate such claims in a court before a judge or jury upon election of arbitration by either party. (b)This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1 – 16 (the "FAA"). ---- Then both follow up with this language: 4. The Federal Arbitration Act (FAA) 9 USC Section 1-2 provides: A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration, a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract transaction, or refusal, shall be valid, irrevocable and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. 5. The Supreme Court Ruling, decided April 27, 2011, ATT MOBILITY LLC v. CONCEPCION 131 S. Ct. 1740 (2011), 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, and the fundamental principle that arbitration is a matter of contract,Rent-A-Center, West, Inc. v. Jackson , 561 U. S. ____, ____ (2010 (slip op., at 3). 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 (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 (1989) ." Furthermore, "The principal purposeof the FAA is to ensure that private arbitration agreements are enforced according to their terms. Volt , 489 U. S., at 478; see also Stolt-Nielsen S. A. v. Animal Feeds international Corp. , 559 U. S. ___, ___ (2010) (slip op., at 17). This purpose is readily apparent from the FAA text. Section 2 makes arbitration agreements valid, irrevocable, and enforceable as written (subject, of course, to the saving clause); requires courts to stay litigation of arbitral claims pending arbitration of those claims in accordance with the terms of the agreement; and requires courts to compel arbitration in accordance with the terms of the agreement upon the motion of either party to the agreement . "
  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 that my offer was for them to dismiss the case with prejudice. So no movement on the case and as we are leaving she says "I suppose there's no reason for us to talk about an offer?" to which I responded "If you have an offer for me I will be willing to listen to it". So we went out into the hallway and she starts "So the way this works is if you agree to pay a lump sum amount my client will take a substantial amount of off the total. So how much do you want to pay." I replied "You have my offer in the questionnaire, if your client want to make me an offer I will listen". We both sat looking at one another for several seconds waiting on the other to flinch and she finally said "So you don't want to make an offer? If you don't they won't work with you on anything then." At this point I almost broke and said a very lowball number but decided against that and just responded "OK then. As I said, you have what my offer is, I will listen to an offer if one is made otherwise I'll see you back here in a month". She basically just said "OK then. By the way I was wondering, do you have an attorney helping you with all this?" Me "No, I'm doing all of this myself". She replied that "She thought maybe I knew an attorney and they were helping me out with this" So - I think it went pretty well overall and once again want to thank all of the people on the board for getting me this far!
  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 ideas of what I need to return with? My initial thought is simply to refile the information from my motion to compel arbitration - or do I need to research and find some other cases where arbitration has been granted in these types of cases?
  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 interested in making any deal I'm also wondering that if I do go to "talk" in the hallway how much is appropriate for me to say: For instance, I imagine that she will tell me that arbitration is going to cost me way more money and I'll lose anyway so I may as well settle -> to which I would like to reply: actually arbitration is going to cost you and your client a ton of money, and if I by some chance I did lose I would appeal to a three party panel of arbitrators which will cost you even more money, then if I should happen to lose there as well you would still have to get the decision upheld by a court (costing you even more time and money) - and if a court did enforce the decision you would continue to receive nothing from me as I would either declare bankruptcy or keep all money out of banks and live off of pre-paid credit cards which I can use to pay every bill I have. Do not know if that is appropriate response, considered a threat etc. Or is it just best to keep quite? Thanks for any input
  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 have a legal standing to collect on this alleged debt. 3. Request for amendments to your pleadings: a. None 4. Request for admissions and stipulations: a. The Court has the proper jurisdiction; however I have elected to compel private arbitration on this matter 5. List of names and addresses of all witnesses you intend to call at trial: (Identify as an expert any witness you intend to call as an expert.) a. Any witnesses will be called through arbitration 6. List all exhibits you intend to offer at trial and identify any which have not already been shown to opposing counsel: a. Any exhibits will be offered during arbitration 7. Motions: a. Motion to compel private contractual arbitration and dismiss plaintiff's claim or in the alternative, to stay proceedings pending arbitration. 8. Trial Assignment: a. Private arbitration has been elected in lieu of trial 9. Guardian ad litem: a. No 10. Expert or Cumulative Witness Limitations: a. Any limitations will be set during arbitration 11. Questions of fact: a. Defendant is owner of alleged debt b. Defendant owes Plaintiff the alleged debt c. Defendant owes Plaintiff the alleged amount d. Amount of the alleged debt is accurate e. Plaintiff owns the alleged debt 12. Questions of law: a. Plaintiff does not have standing to sue over the alleged debt 13. Unusual questions of evidence: a. Evidence will be handled through arbitration 14. Anticipated problems relative to jury instructions: a. Matter will be handled through arbitration 15: Settlement: a. Acceptable settlement terms are plaintiff dismisses case with prejudice 16. Do you plan to file trial briefs? If so, set forth proposed time schedule for filing. a. Matter will be handled through arbitration 17. State any procedural problems or recommendations: a. Procedures will be set during arbitration 18. Discovery: (It is presumed that all discovery is completed at the time of pretrial.) a. Discovery will be handled during arbitration
  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 believe to be FDCPA violations against the JDB? Also - for submission to my "Local" JAMS Resolution Center - do I simply choose the location closest to me? If the agreement says that I only pay $50 or they pay all - do I mail it in with my $50 and note that the agreement states the creditor will pay the rest? If they are to pay it all, can I send it in with no payment making a note of that or do I need to demand the payment from the JDB before filing these with JAMS?
  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)