Cstrong

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About Cstrong

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    Florida

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  1. Unfortunately the no assets doesn't apply to me. I have no income but they can attach a lien to my house for up to 20 years in FL. I don't plan on ever moving so it's not really a big deal. I was wondering since the judge deemed there is no enforceable contract for arbitration if I could argue that the jdb has no standing to sue since the only right they have as an assignee is in the cc agreement. Or could I counter claim for breach of contract which would bring the agreement back into play. I know that the judge is very creditor friendly as he argued for the jdb lawyer while the lawyer just sat there and he will probably shut me down no matter what case law I present on the contrary.
  2. Thanks. I think I am just out of luck. My motion was based on FAA because that is what it said in the cc agreement. The judge said I have no right to arbitration because the cc agreement doesn't matter with an account stated claim. I don't know how to argue this.
  3. There is no judgment yet to appeal. The motion was denied and a new pretrial date set.
  4. I am being sued by midland funding and portfolio recovery. Both are synchrony accounts. I filed my motion for arbitration and both were denied. The lawyer from midland told the judge it would be inconvenient for them and too costly. Then she said the card agreement with the arbitration clause was not valid because they are suing on account stated. I thought I was prepared for this response and even quoted the supreme court ruling from my motion about arbitration contracts being upheld. The judge agreed with the lawyer and denied my motion. The lawyer from portfolio recovery just quoted a few stipulations from the agreement about arbitration not being required for debt collection disputes. I argued that just because it is not required does not mean it is prohibited. The judge (same one) argued for the lawyer that the basis of the claim was for account stated and the cc agreement didn't apply. When did the judges start arguing the cases for the lawyers? Should I just give up and let them enter a judgment? I have nothing to pay to even try to settle. It seems impossible to win when I am fighting against the lawyers and the judge.