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Blackbeard's Delight

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Everything posted by Blackbeard's Delight

  1. So long time no update, but I filed the appeal, won, and got the whole thing dismissed! Hameroff never filed an appellee response (claimed that due to a clerical error they thought they had more time to respond and motioned to extend the time to file the response, but were denied). I won the appeal, it was remanded back to the lower court who scheduled a new pretrial hearing, and Hameroff dropped the suit. I've had to contact the credit reporting agencies to dispute the "public record" (from the initial summary judgement that was vacated by the superior court) that was still showing up on my report, but that's about it!
  2. Putting the finishing touches on my appeal memorandum, I've started off with building my case around ARS 1501 and 1502, would it do me any good to also include the federal arbitration act and other federal-level statutes/caselaw or would that just be wasting mine and the court's time?
  3. And yet, according to the website the judge signed the MSJ against me yesterday
  4. Anyone know if I have to file for a stay of proceedings pending the outcome of my appeal, and if so, have any example case law? I would assume that it would be common sense to automatically stay proceedings but I'm just about to head out to a pretrial conference so.... guess not?
  5. In regards to responding to that MSJ- am I filing a response to that MSJ wherein I move that it be dismissed, or do I just file a MTD? Or does it really matter? The actual content seems simple enough but I just wasn't sure about the title/header/whatever it's called .
  6. So I just recently received notice that about 2 days after I filed the appeal the plaintiff filed a MSJ (I have yet to respond to their discovery requests so as not to jeopardize my MTC arb chances- kinda putting all my eggs in one basket, but that was the only place I could really gain any leverage anyways, so yeah probably not hurting myself that much). I'm assuming that the 30 days I have to respond to their MSJ wouldn't start until the appeals process is over, but I may be giving the AZ justice system too much credit...
  7. Oh yeah notice of appeal and cost bond are already in, forgot to mention that last night since it was late and I was more focused on the other part. Looks like I should be fine though, I emailed the AAA and they said if the motion is granted I can just refile
  8. So I got an email from AAA today saying that since Cortez has failed to follow me into arbitration and pay their portion of the fees, the AAA is closing my case...
  9. Cortez didn't respond, and the pro temp judge didn't give a reason
  10. Well apparently they were needlessly worried, as my motion was denied yet again. Time to hop on the appeal train I guess
  11. Alright so quick update- refiled back in December, basically the same MTC as the first, but added 1. that I had filed with the AAA (and attached a copy of the filing acknowledgement) 2. That there was no legal precedent for a settlement conference being a suitable substitution for contractually obligated arbitration 3. That I was requesting oral arguments. Well today I received a motion to strike & request for sanctions, as they allege that this second MTC is nearly identical and therefore was filed only to "unduly expand the proceedings and simply for the purpose of delay or harassment in violation of ARS 12-349" So basically my response is just going to note that the circumstances are different for the second filing (since no agreement was reached in the first settlement conference), and list the above additions, any thoughts?
  12. @Coffee_before_tea, that's my plan. While I admit that an appeal would be preferable, I neglected to learn how to appeal or even how long of a window I had to do so until 2 weeks after I had received the judgement, so I figured that ship had sailed (but decided it wouldn't hurt to call to see when the judgement had actually been entered). Interestingly enough, I regularly check my case history on the Maricopa County website that you linked @Harry Seaward and I have yet to see any judgments filed (but didn't know if my denied MTC counted as a "judgment"). Not sure if that's relevant at this point, but I suppose it wouldn't hurt to request a docket printout when I'm there refiling the MTC. @Coffee_before_tea, I remember you suggesting asking for oral arguments, I assume that's just so I can pressure the judge to defend his position in person, ask them why they're disregarding all the case law I had included in my MTC, that sort of thing?
  13. I called, but the clerk was less than helpful- when I asked when the judgement had been entered he said that he couldn't find it, then he asked what date was listed on the judgement that I had been mailed, then said that must be the date to go by, and that I was (obviously) past that window. Unfortunately, I didn't know that it would behoove me to save the envelopes (although in hindsight it seems pretty obvious that keeping track of postmarks can be beneficial). I guess I can call again on Monday and hope to get a more helpful clerk.
  14. Thanks for all the info! Unfortunately now that I understand the guidelines for appealing, I've found that I'm going to have to try another option, as I didn't even receive notice of the denied MTC until after the 14 day window was up.
  15. Sans the emoticons of course, no idea where those little guys came from.
  16. It may not matter, but the person who denied the MTC isn't my actual judge in the case, but rather a pro tempore (who I guess just lends a hand on misc. paperwork? I'm not really sure), so I'm hoping that I get someone else this time around. What's the difference between an appeal and a motion to reconsider? Besides the form title, wouldn't they both contain the same or similar excerpts of case law? Btw I realized I had never posted my original MTC, so I guess I'll do that now:
  17. They offered to settle for $7500, I countered for much lower. Told them that they weren't going to get much out of me (everything is in the wifey's name and this whole debt situation transpired before we married), we set a new settlement conference for a month from now, during which time he suggested I send copies of our tax returns, stuff like that which might convince his client that they really can garnish me all they want but it probably won't be worth their time. I'm still planning on filing a motion to reconsider the MTC arb, but not really sure what that should look like. Do I just change the title on my MTC arb, maybe add a bit at the end about how "there is no legal precedent for a settlement conference being a suitable replacement for contractually obligated arbitration," something along those lines?
  18. Right up there in the previous post- "moot- a settlement conference has been set for a later date"
  19. Settlement conference is tomorrow (or I guess technically later today). Their opposition was filed November 24th, while the MTC was denied on the 13th (looks like they didn't find out any sooner than I did, I received the ruling in the mail within the past week). I've since initiated the Arb, and printed out the proof. We'll see what happens this afternoon. On a side note, I found this on another site: Which would explain why when I searched for cases in the justice court that I am currently being sued in, they all seemed to have exorbitant fees tacked on (if I remember correctly, many were around 10k)
  20. So quick update, as I haven't really posted anything since the initial response (after a week of basically work->research->sleep, real life finally caught up with me)- Long and short of it is a settlement conference was scheduled (for this upcoming Monday) while my MTC was apparently working its way through the system. The plaintiff went about their normal business (disclosure statement, request for admissions, etc.) and also responded to my MTC, essentially saying that if the judge were to uphold my MTC then instead of dismissing he should stay for 30 days so that I could initiate the arbitration through AAA (which I hadn't done yet- just been swamped and it would always slip my mind whenever I was actually around a computer and actually able to do it). Not initiating may not have been such a bad thing after all, as I may have just been dumping money down the drain- I just recently received the response that my MTC had been denied by a judge pro tempore, because it was "Moot- A settlement conference has been set for a later date." So yeah, not sure what to do now. If the settlement conference doesn't resolve things, can/should I refile the MTC? Is it something else like some sort of motion to reconsider? Or what? That is probably my only leverage, as (at least to my limited knowledge) the plaintiff seems to have an adequate paper trail on me (or at least adequate enough for AZ)- 1. Disclosure statement included an affidavit of indebtedness from a guy that is the counsel for Absolute Resolutions Corp, which is an outfit that I guess acts as the middleman between OCs and JDBs. 2. Two bills of sale, one between the OC and an initial JDB, then another between that and the current JDB. 3. A long list of accounts purchased by said bill of sale, with everything redacted besides my info. 4. Copies of what my last two billing statements.
  21. And here is my letter electing arbitration, forgot to post it earlier.
  22. Alright, so this is what I've got so far, planning to submit tomorrow but figure a little feedback won't hurt. Anything glaringly wrong with it or will it be adequate? Working on MTC next, almost done (will be submitted simultaneously with my answer).
  23. Thanks to both of you for the input! Those are the forms I found as well, wasn't sure if I should be looking for a previous iteration (couldn't find anything pre-2007) but it appears that they're essentially the same anyways. I'm assuming that this isn't the only affirmative defense I should list? Or does it matter, as I'm (hopefully) not going to have to deal with the court anymore?
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