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Goody_Ouchless last won the day on July 17

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About Goody_Ouchless

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  1. This ^^^. I love how they quote paragraph one, while leaving out the above. Hopefully some Illini will chime in with correct procedure, but judge messed this one up.
  2. My Dad's brother-in-law is terrified of being spied on. I was telling him about my Wyze security cam and he freaked out that the Chinese are watching me. It was positively Seindfeldian - I told him, if that's the case, then I'll turn the camera to face inside so the People's Commissariat of International Espionage can "enjoy the show." I mean who really thinks they are so important that anyone else cares? (Other than crazy people in Big Foot County, living "off the grid.")
  3. We were victims of something similar. Got a call about about a bunch of damage, my wife said we didn't do it, and rental person actually said something like "OK, we'll call next person on the list," They had no idea who damaged vehicle, and were calling everyone who had rented it, hoping someone would just say "OK." Wonder if that's part of what caused class action. Your case is different, since it sounds like you did cop to some damage.
  4. We had a similar situation - a defaulted Wells Fargo card while all of our banking was with them. They sold the account rather than just take the money. Looks like SQL is either three of five years, depending on whether they call it "open" or "written."
  5. We have encountered this many times in arbitration where plaintiff tries to argue that since they are suing on "Account Stated," that there is no underlying "contract" and hence no Arbitration Clause. That argument has never worked, for reasons @Harry Seaward explained.
  6. I have seen nothing, so far, that get's past the uncomfortable facts that this is your CC, which went into default and was purchased by a debt buyer, which sued to collect. I go back to the words of a lawyer friend, when discussing the Jodi Arias case - "Kirk Nurmi's defense was ultimately doomed by having to work with 'bad facts.'" In other words, the only way for you to win this was with technical mumbo-jumbo, which the judge, in this case, wasn't buying.
  7. Looks, from your posting history, that this wasn't your first rodeo. Any reason you didn't just elect arbitration and take the easy win?
  8. Signed applications went out with quill pens and powdered wigs. Every time you used the credit card you agreed to the terms of the contract. Since we are living in the computer age, they have everything they need to win in court. Read the sticky thread on the main page about Arbitration. It is your only chance.
  9. What would you have done differently had they presented their affidavit(s) earlier?
  10. The case they cited gives a pretty good description of what the court considered to be substantial litigation. I believe the case also reaffirms the court's preference for arbitration, but, in that case, the defendant was abusing the option.
  11. Interesting - we'd been seeing a slew of TX cases where they fold when faced with an answer, and here they wasted time fighting arb.
  12. Typical desperation play - note the definition of significant litigation from the case they cite: "The Plaintiffs vigorously opposed (indeed spurned) arbitration in their pleadings and in open court;  then they requested hundreds of items of merits-based information and conducted months of discovery under the rules of court;  finally only four days before the trial setting they changed their minds and decided they would prefer to arbitrate after all.   Having gotten what they wanted from the litigation process, they could not switch to arbitration at the last minute like this." I would ask plaintiff to provide the "hundreds of items" and "months of discovery" that the OP requested in this case...
  13. I see a year has passed, but has anything happened, other than this just sitting around waiting for court? I don't see that as rising to level of "substantial litigation."