NH-Warrior

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About NH-Warrior

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  1. @fisthardcheese I filed myself for the move to Superior Court - which is actually filing for a Jury Trial here. Once you request a jury trial, if the amount in dispute is over $1,500.00, then they move the case to Superior Court. When the amount exceeds $1,500 then you are entitled to due process and all the rules of evidence apply. And I agree, having someone there to guide and move this along is going to be great. I don't have time to really do al lthe research that would be needed but I am going to give it a go so that I am in the know! I really dislike how Small Claims has been coo
  2. He will represent me for all of it. He thinks I could do it myself tho and was impressed at the MTC. I'm still waiting to hear on the move to Superior Court....
  3. Just an update - I have filed for a jury trial so that we actually go by the rules of evidence and be able to do full discovery. Again, I will keep you all posted Is it important that I keep updating so that others might glean some info.? I don't want to keep posting useless info if it's not, well, useful Thanks all!
  4. Thanks again! I have spoken with an attorney and will be meeting with him today! I'll let you know what he says.
  5. @fisthardcheese and @BV80 Thank you again Yes, they filed on 09 March, 2017 - the DV was sent/postmarked 10 January, 2017. The original DV request was in May of 2015! This is the same law firm that send me the (for Midland) DV and offered settlement so we wouldn't have to go to court; 40 days AFTER they filed suit and while we were waiting on MTC judgement. Now that doesn't matter to this instance but, I think that there is a pattern here UGH. I plan to file a MTC for this as well but wonder if I have a chance with the way citibank arbitration is laid out in the card agreement? I had
  6. Yes, Atlantic is the Plaintiff in the Complaint and Niederman represents Atlantic. The packet was (I am to assume) for fulfillment of the DV? But that request I made for DV was over a year ago! Suit filed a month or so after the packet received. I filed my answer last night - Deny Same firm that was representing Midland - and sent over the DV package after they sued me; asking to settle and not go to court....
  7. Unfortunately I am back in small claims. After receiving a notice in 2015 from the same law firm regarding a Citibank card, I send a DV (within 30 days). I never heard back. This account went through several players and not one would budge on settlement payment/plan. So I forgot about it. In January 2017 I suddenly received a package in the mail. Please see the attached below. I am thinking I may have yet another violation of the FDCPA - the DV cover letter states "Plaintiff Citibank" and Defendant "Me". Nothing was filed until March 09 2017. The amount on the complaint is $4,50
  8. Good evening! I just received notice that the Plaintiff filed a Voluntary Nonsuit WITH Prejudice (can I cheer now???? ) Pretrial on the MTC was scheduled for April 12. There were at least 2 FDCPA violations in this case; I wonder if Plaintiff's counsel was reading these boards? Is there anything I must do now? Should I show up to the pretrial "just in case"? I am thinking no....but I'm suspicious..... Thank YOU ALL for this forum and your expert guidance. I was ready to go and prepared a Memorandum of Law for the defense of the MTC - is it worth it to anyone that I post?
  9. @BV80 Apologies! I meant the credit card agreements that contain the arbitration clauses - all the same since 2013. As far as the bill of sale and the sales agreement, it is normal for these to be dated a year or more apart?
  10. @debtzapper Yes, you did call it indeed! It boggles the mind though; why didn't the judge just deny? I suppose that I may be a ground breaker in this regard. I have 3 copies of the agreement with various dates and will bring all 3 of them. I think I am ready - but I hate public speaking. I will practice though!! And I will take comfort in knowing that I might actually be helping others. Can I say that the small claims venue has been coopted by these unscrupulous jdb companies? Or would that be bad? Thanks again @debtzapper @fisthardcheese and @BV80 I will continue to report back.
  11. Judge decided to not take action on the MTD/C at this time! No action taken on MTC ? Pre-Trial Conference has been scheduled - for April 12, 2017? The last 2 pages of the Pre-Trial Notice speak about the Small Claims Mediation Program - so this is an attempt to force court mediation. I believe my next step is to file an appeal and/or show up at pre-trial with my notebook full of all the reasons why the forum for this is arbitration and Small Claims is not. Or, I file an appeal to the NH Supreme Court...... And there is the issue of the DV documents coming after the s