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About janedoenotme

  • Birthday January 19

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  1. I never called them names and I have called them numerous times. I just got off the phone with them again and I was told the management was handling it. I left a message for Karen again and I am faxing the emails in again.
  2. They know that Asset is suing me. I included that information in what I disputed. And of course they know or they wouldn't be including all of the documents. I couldn't dispute it after they filed because they never sent me a letter or got in touch with me. I did dispute my credit report way back in 2012.
  3. That isn't an account statement. It is a computer generated accounting of things. They don't have any statements. None were included and none were sent. It's impossible to to post the Return authorizations without including all my info. They do show the purchase numbers and the return auth to return. The reason I kept paying is because I was in contact with them about their error in posting the correct amounts to credit so I just kept sending my minimum in. I was in Mexico for three months before moving to AZ.
  4. Hi BV80. No, I disputed it with them twice, once over 2 years ago and again about 8 months ago. This was in response to my phone conversation with Karen over 3 months ago.
  5. Okay, NEW INFORMATION!! Today in the mail I got a letter dated November 25, 2014. However the postmark is dated Dec. 3, 2014. Anyways, it's a letter from Midland. It says that they are writing in regards to my recent dispute. It says that they have opened an investigation and are ceasing all collection efforts until the conclusion of the investigation.... I am attaching it. So, this good. However, since they dated this on November 25th but clearly didn't mail it until after the Judgment, and allowed the judgment to go through isn't that a complaint I can file. They are infact admitting that I disputed it. That dispute was done over 3 months ago. They had plenty of time to put of the MSJ! crossed off Midlandletterofdispute001.pdf
  6. While Goraj may not be legally binding it is and was appealed and the appeal was won in AZ. I found an attorney in AZ who will take it for $750 in $75 monthly payments. I have previously posted all the documents. Thanks, will follow up after I talk to the attorney on Monday. Also, no matter what you say, the opposition that I filed stated clearly the things that were in dispute, MTC Arbitration, documents submitted that were not submitted in disclosure, affidavits created simply for trial, dates not near the purchase date of the account. Suspicious affidavit, New York document that has notary from TX. Allowing an affidavit to be evidence, evidence has to be in person testimony to the affidavit, not a document. The items in the affidavit that were supposedly used to decide that it was my account, none of those items were specifically named nor did they have my name, account number or amount on them. Based on that alone, with a Pro tem Judge allowing a MSJ it is appeal-able. Just the simple fact that the MTC is and should have been allowed. You can not sue me for Breach of Contract if the contract allows for arbitration and they do not follow that! I will appeal til the end of time. The law is the law even if dumb Mother __ _ uckers in AZ don't follow the law.
  7. Okay, the entire amount of charges was somewhere around 2k in 2009. Then I returned 4 computers and they only credited $27.00 per item instead of 294 and change. Then they kept adding late fee's and interest. I never got a statement and knew that they had not credited things correctly. By my records at that time I had paid it off and I thought they closed the account like they said that they did in the email. That is why I think the paper work is messed up and belongs to someone else. I am attaching the Opposition I filed. Also, the Return emails. The reason that I didn't include all the pages of the charges that I received is because I was having trouble with my scanner so I only included what they looked like to show that. The emails that I have I have to print and then black out. But they show the order number, the RMA and instructions etc... It's clear that they are the right ones because the returns that they credited only $27 on are the same ones. How long does Dell keep these records. I don't understand why they don't have all email correspondence? nameblackedFinal OMSJ.docx
  8. Harry, I don't understand. What do you mean about personal knowledge? It's clear that they didn't even read the documents. The law is the law except for in AZ. There is a clear genuine issue of material fact. Many issues. It is black and white. All one has to do is look at the documents. If I had a Jury trial I would bet my life that the jury would not have ruled in their favor based on the evidence and documents submitted up to this point. If they have anything stronger I still doubt it. I was not give the benefit of anything. And how can I be sued for Breach of Contract when there is no contract presented and if there were it says I have to right to demand JAMS which I did. You can't hold someone to a contract and then not follow that contract yourself. You also can't collect money when there is clearly no proof that you have the right to because the company that owned the account, WebBank, never signed nor sold anything to Asset Acceptance. THIS IS SO CRAZY. Then again, while I was being sexually assaulted and help a knife point and beaten the Glendale police, knowing I was in there just sat outside my condo and waited for the perpetrators to come out. The knew, had gotten a tip from an informant that it was going to happy but did anyone care about me. NO. Where I come from that sort of thing doesn't happen. I am not some pitiful disgusting lowlife. Yet here in AZ that is how I have been treated. If I live long enough to inherent my fathers money I am going to spend it making sure that this doesn't happen in this state. My family is very wealthy. But they don't believe in "trusts" ext. I have had to stand on my own two feet and I am really tired of standing.
  9. Can anyone shed some light on this? On my calendar events and hearings from the court, the document that they gave me on Oct. 2013 it shows Summons Issued 9/06/2013. Then the next line up is dated 9/23/2013 and it says on one line Notice pending Dismissal of lawsuit and on the next line it says Affidavit of Service Private Process. Under it it says Result: service 9/14/2013. Then on the Calendar Events and Hearings dated Sept. 10, 2014 there is no longer the line that was dated the 23rd anything about the Notice Pending Dismissal of Lawsuit. Only the Affidavit of Service Private Process is there. But on 6/18/2014 it says Notice Pending Dismissal of Lawsuit Result: Mailed 06/18/2014 heard by Judge ProTem. Why are they different? And I never got that notice that they said that they mailed. Just trying to understand this. This is the same thing that says on the 21st of January, PTC was set for today. No parties appeared and no continuance ever filed. Court vacates todays hearing and takes no further action.RM.
  10. I found a contract online and used it when I filed the MTC Arbitration. It's confusing to go through all of what I posted without reading the topic. They only supplied some of those documents in the MSJ, not in their Disclosure and they can say that those are the records but they did not list them in the affidavit etc...And Goody, I don't follow, the plaintiff attached the answer??? Non the less, this isn't getting me anywhere. I don't have the money for an attorney. AZ attorneys don't take things on contingency. I feel I do have legal basis to file for an appeal. I will post tomorrow. Also, see this link regarding the affidavit, http://www.creditinfocenter.com/community/topic/324561-affidavit-asset-acceptancemidland-shows-ny-but-notorized-in-tx/?hl=%2Basset+%2Bacceptance
  11. And, forgive you! you are reading and responding and trying to help. You certainly do not need to ask for forgiveness!!! I messed up and didn't file the Motion to Reclaim my MTC Arbitration. I don't have any real excuse other then that I am trying to start my business back up as an Executive Search Recruiter and working over 12 hours a day. I also kept checking the mail to find out when the hearing was going to be so that I could put it all in the mail before hand. Ever since my Home Invasion I have had a really hard time sleeping and that has caused me lots of problems concentrating on things as well. I still have quite a bit of anger over that and what occurred and this on top of that has just left me frazzled, angry and explorable at a hairs trigger. I am going to go and lay down now. I have a temp of 100... One last note, the Asset Acceptance vs Goraj appeal was found in the defendants favor. It is pretty much very similar in terms of the affidavit that I got. Here is that case. 1-ca-cv-12-0272.pdf
  12. Yes I did, I will post the documents from them again. Also, here is something that Harry said and I used it. "k, I had a chance to do some research and read their MSJ. I was correct in that your remedy on a denied motion to compel arbitration is to appeal the decision. See Arizona Revised Statutes 12-2101.01(1). If that decision has been more than 14 days ago you can file a motion to reconsider (which you can then try to appeal within 14 days) or forget about it and move forward with litigation. Their MSJ has a few flaws. Two are of significant importance. First, this is a 'breach of contract', yet they produced no contract. Second, the "affidavit of account" signed by Heather Andrus has two major flaws. First it talks about "records" but there are no records attached. Second, she also never claims to have "personal knowledge" as required by Rule 129(e), Justice Court Rules of Civil Procedure (same as Ariz. Civ. P. 56(e) in the citation below). Here is the link to the other original discussion. I did not post my final Opposition to their MSJ because I was pressed for time. I will post it later today or tomorrow morning. http://www.creditinfocenter.com/community/topic/324532-asset-accepnow-midland-msj-lots-of-stuff-need-some-help-az/ cut&pastemsj.docx
  13. I called it the correct thing in my argument. I just don't feel good right now and didn't look up the proper terminology. I don't believe that the court even read it because if it was read how could anyone in their right mind Order a Judgement. Their own paperwork clearly is missing vital things. The simple fact that you are not suppose to allow a MSJ if there are any genuine issues of material fact. There are and if anyone took the time to look at the documents it's as clear as day.
  14. HOW? I have contacted Dell, I have also filled a complaint with the other agency's against Dell as well. I can't really ignore all of the legal stuff I don't think.... I talked to an attorney who wanted over $1000 to do anything. I don't have the money.
  15. At Harry, I don't know why they ruled in their favor so the issues I feel I can appeal are all of the issues I raised that they probably didn't even read. Also, I did bring up the errors. How can I be expected to follow the procedures when the court vacated something that shouldn't have been vacated? It's so confusing. I did reach out to JAMS and told them what was going on and asked if she could extend it longer...
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