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Everything posted by upcycleliving

  1. Sounds right but I thought Citibank got rid of arbitration? No?
  2. If I call Wells Fargo would they even have a record of it at this point considering the account was closed 9 years ago?
  3. I'm not disagreeing with you but at the same time I also don't think that the debt buyer law firms sit around at the National Creditor Bar Association meetings complaining about the arbitration clause that are in card member agreements because it's such a rare occurrence that a defendant actually tries to enforce it. The JDB's and JDB lawyers are not suing because they are trying to "right a wrong", they are suing because they are trying to make money period. Defendants filing a Motion to Compel happens so infrequently that I doubt it's going to cause the JDB lawyers to lose one penny of their end of the year Christmas bonuses. It reminds me of people that want to crack down on voter fraud. You are trying to fix a problem that really doesn't exist. The reason I used Steve Lehto is that he's a trial lawyer. He tries cases for a living and he says that if there's an arbitration clause, the judge will enforce it 99% of the time. That's good if you are hoping to get your case moved to arbitration.
  4. The point I'm making is if the amount of people that file for arbitration is 0.002% or 0.001% then there's no need for JDB's to "make a professionally produced brochure, juxtaposing quotes from people using arbitration to escape legitimate debts with snippets of law concerning "frivolous" actions, was made available to the local judiciary." Debt buyers buy debt very cheaply. They aren't worried about the miniscule needle in a haystack amount of people that file MTC's to move cases to arbitration.
  5. The law firm that suing me. I’ve gone through the last 3 years of cases and I haven’t found a single case where a plaintiff has filed a motion to compel. This tells me that arbitration isn’t even a blip on the radar to these guys. I wouldn’t be surprised an arbitration motion comes up less than one out of every 5,000 cases so I doubt this is even an issue to them. Furthermore it should not matter what people on a message board say. One of the most common legal strategies is for one side to drag a case out for as long as possible until the other side is broke and forced to settle or drop the lawsuit. You could easily spend well into the six figures litigating a lawsuit. If all you had to say was “the other side is just trying to bury me in legal bills” to win a lawsuit there wouldn’t be very many lawsuits. A contract is a contract. A deal is a deal. If the contract says “If you or we decide to arbitrate you and me must arbitrate” then 99% of the judges are going to enforce that clause. That’s not coming from me that’s coming from Steve Lehto who is a consumer rights lawyer that does a legal podcast who I have been taking to. He tells me he tries to stay out of arbitration but if the contract has an arbitration clause he loses that battle 99% of the time.
  6. Watch the documentary hot coffee and you will understand. One of the reasons OC’s are more likely to use arbitration than junk debt buyers is because the big companies (like credit card companies) generally have a long term contract with the arbitration companies and they work out some form of rate that is decent. If it was unfair to the credit card company they’d go somewhere else.
  7. This is not a loophole. If the contract says that the case must be arbitrated then it must be arbitrated. The law is very clear on this. Right now there is an epidemic where consumers are waiving their rights to have their day in court in front of a jury of their peers because of these arbitration agreements in almost every contract.
  8. I would think if it was denied the judge would issue an order and the defendant would have the oppurtunity to appeal.
  9. I don't understand why they ruled on her motion for a more definitive statement but didn't rule on this one. Maybe it's because the judge is pro creditor and knows that this ruling will f*ck up their case so he's hoping that the case will just go on like nothing ever happened... Fist said in his arbitration strategy that until the judge grants the MTC the JDB attorneys will work as if no MTC has ever been filed.
  10. Still can't these guys on the phone! I wonder if they switch numbers on a daily basis!
  11. So how would Mloske go about getting a hearing? So I guess nobody even reads these motions until you bang down their door demanding a hearing?
  12. Was talking to a friend about this case yesterday because he's actually works for a collection agency. He doesn't actually chase debtors, he sells the collection services to corporations so he's in sales. He told me that social security numbers are pretty easy to get. If he wanted to he could easily get social security numbers.
  13. actually on Thursday when I actually was able to get them on the phone (Called them like 10 times yesterday and no answer) I ask them what company they were with and they said "ADR Alternative Dispute Resolution". lol isn't Alternative Dispute Resolution another name for arbitration or mediation?
  14. That's the court website I checked and no results. Again though I do believe it's possible that I really do "owe" Wells Fargo $350 because I would have never closed my account at the time, I would have kept it open with a miniscule amount of funds in case I needed a different bank account for whatever reason down the line. It's possible that they started charging a bunch of fees and I wasn't getting anything in the mail because they were sending statements to the wrong address or I might have even when I signed up for the account requested paperless statements who knows. Anyways what's strange is I tried calling the "filing party" several times and all I get is a ringback and a voicemail. I wonder if they changed their phone number and abandoned that phone number. I get the message "Thank you for calling our office, If you receive this message we are either with another customer or you are calling outside of business hours" This shows up in search results when I google the number http://findwhocallsyou.com/4434062580 and this http://www.whycall.me/443-406-2580.html
  15. Nope it was an oral contract made over the phone. I used to know this guy named Garrett DeVore and then I lost touch with him. He got sued like 8 years ago because somebody thought their eBay ads were misleading. Keep in mind the person that sued him was in California and Garrett was in Utah. The first court sided with DeVorre on their motion to dismiss for lack of jurisdiction. This was overturned on appeal despite the fact that "Devore and Bruun are life-long residents of Utah and had never lived in California. Nor did either of them own real property in California or make any business-related trips to California in connection with the sale of Lipovox." https://www.fearnotlaw.com/wsnkb/articles/boucher-merritt_v_devore-36881.html
  16. btw we are getting way off topic. I need to worry about this MTC I'm filing. I'm 1 for 2 with lawsuits in my lifetime. hoping this will make me 2 for 3.
  17. I had a business deal with somebody in California and I got completely screwed on this deal so I told them I wasn't going to pay them and they sued and the lawyers argued that the contract was made in California and the contract was to be performed in California therefore the defendant purposefully availed himself of the laws and protections of the state of California.
  18. Not true. I was a defendant in a lawsuit 15 years ago over a contract dispute. We were in two different states. The judge sided with the plaintiff when my attorney tried to get it thrown out for jurisdiction and my attorney even told me before filing this motion that there was a 75% chance I would lose this motion.
  19. Not if you "purposefully availed yourself of the benefits and protections of Arizona's laws" which they can easily argue since I opened up the bank account there.
  20. Actually I do think jurisdiction would fly because I opened the bank account at an Arizona branch, the services were provided in Arizona, and having lived their for like 15 years I probably meet the low standard for "minimum contacts" that gives them personal jurisdiction over me. Also if you listen to the voicemail message which I posted, he only gives the number of the "filing party". When I called them they started trying to scary about triple damages.
  21. Actually I do think jurisdiction would fly because I opened the bank account at an Arizona branch, the services were provided in Arizona, and having lived their for like 15 years I probably meet the low standard for "minimum contacts" that gives them personal jurisdiction over me.
  22. was this a legit debt they were calling about? So I guess the New York Time story was correct and there really are JDB's that buy debt well past the SOL.
  23. I will do it later, I have to file a MTC in my other case and this distracting. I will say on the maricopa online court website when I type my name in it says "no results found".
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