HellGato

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HellGato last won the day on November 3 2017

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About HellGato

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  1. No I had posted them as ideas for feedback in the end I assumed and wrongfully so the judge would know the correct stature or has twisted this up so is sounds like a simple motion to dismiss which of course it is not was motion to compel and asked for dismissal or a stay at the courts own digression. In the end I did not address his motion to dismiss the appeal since I thought it was moot. I am leaning toward the motion for reconsideration and pointing these items out clearly as I can in that motion. I may be able to do this one in time and file it monday or tuesday.
  2. maybe a motion for reconsideration citing the statues they should have followed first if i do it swiftly enough and special action if that does not work idk https://govt.westlaw.com/azrules/Document/ND369EAA03FB211E4B4D7C67CCE44C05C?viewType=FullText&originationContext=documenttoc&transitionType=DocumentItem&contextData=(sc.Default)
  3. I would like to try it but how much would a special action proceeding cost it is the same as the filing fee i already paid for appealing? I know if I prevail I should get that back and I would like to have them follow Statute. I paid $292 to file the appeal and I would be prepared to file that amount again or something close to that if I had some help with a concise special action motion.
  4. It appears so they are taking zombie debt collector creditor friendly to a whole new level
  5. here is the arb clause off the terms and conditions that the plaintiff thoughtfully provided for me.. (a) THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE. PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ANY CLAIM RELATING TO YOUR ACCOUNT MAY BE RESOLVED BY BINDING ARBITRATION. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT, AND ARBITRATION DECISIONS ARE SUBJECT TO VERY LIMITED REVIEW. CLAIMS MAY BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. IF EITHER PARTY CHOOSES TO ARBITRATE A CLAIM, NEITHER PARTY WILL HAV
  6. No I was going to but I got confused who to send it to since the lawyer filed his in Justice Court I assumed they would know the law already
  7. I did submit a motion to compel arbitration MOTION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION AND DISMISS OR IN THE ALTERNATIVE STAY PROCEEDINGS PENDING ARBITRATION
  8. Update on my appeal to the superior court apparently they just followed the plaintiffs motion to dismiss my appeal due to not a final judgement they did not do any homework apparently and find that that the denial of a motion to compel arbitration is substantively appealable. A.R.S. ยง12-2101.001(A)(1). see US Insulation, Inc. v. Hilro Const. Co., 705 P. 2d 490 - Ariz: Court of Appeals, 1st Div., Dept. A 1985 they denied it on lack of a final judgement and that I did not respond to the plaintiffs motion to dismiss since I assumed they should know.. Here is what the ruli
  9. I would have preferred to arbitrate as I feel the scales of Justice are weighed against the consumer in these type of junk debt suits but is better than a full judgement and court costs and lawyer fees tacked on. I just simply could not find a terms and conditions to fit this situation in time. I personally appreciate all the advice and hard work you guys give us in our cases.. I have one more ongoing and we see how it goes .. Thanks everyone!
  10. Thought I would up date this thread.. I still never hear anything about the terms and conditions for this loan and I simply decided to settle the loan for a little over a third of it.. Lesson learned be sure your terms and conditions match your account close as you can before you file a MTC. My other MTC is in appeals court now and we see how that proceeds.. Thanks for the help guys.
  11. Interesting update I am still awaiting the Terms and Conditions but yesterday I personally went to the OneMain Financial office in Mesa .. there the girl helped me by making 3 calls into her company departments but in the end they were unable to provide me any terms and conditions and referred me to CACH LLC with a phone number.. during her talks I overhear her tell the party on the other end that the loan I had was something called a Synchrony loan and was written off.. She concluded by telling me they do not have anything left of the loan after it is sold. Only CACH would have the
  12. excellent points I think I will even though i have withdrawn the Motion the courts website shows the MTC is there will file a Opposition to MTD and bring up these excellent points.. Plaintiff is claiming that CitiFinancial is the OC but we know is OneMain so I can bring that up too. The key now is the Terms and Conditions I am waiting now for them.
  13. Thanks for the response I called them today and they told me I can ask to amend it or withdraw it and resubmit it but to make a note or motion what I am asking to do. they have a one page form generic called Motion / Pleading kinda fill in the blanks thing. I simply am asking for a Motion to Withdraw Motion to Compel Arbitration. They say they actually don't run across that alot, so they are unsure what procedure I need to use. Most times they say people or lawyers simply ask to correct the documents. I will know more when I go there this afternoon. I simply putt