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About SBD

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  1. I think you are reading too much into the statutory meaning of the word and ignoring the the plain meaning of the word "or" which is referring to the word bankrupt. It says IF you become INSOLVENT or BANKRUPT, then..... The words insolvent and bankrupt are not adjectives, but are nouns. As we all should know that a noun is a person, place, thing, or idea. The use of the word "or" means synonymous or similar. In fact if you look up either word in a dictionary you will find that they are both synonyms of each other. I.E. Interchangeable not separate or distinct. Also, regarding the SOL, it is not based on what law the contract states it is governed by, but rather the State where the contract was signed or where the consumer lives when the action is filed per the FDCPA. 811. Legal actions by debt collectors [15 USC 1692i] (a) Any debt collector who brings any legal action on a debt against any consumer shall -- (1) in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or (2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity -- (A) in which such consumer signed the contract sued upon; or ( in which such consumer resides at the commencement of the action. ( Nothing in this title shall be construed to authorize the bringing of legal actions by debt collectors.
  2. Is it possible that these debt collectors or creditors know about your loan that you are about to get from the bank? If they do know due to a settlement offer or somehow finding out through pulling your credit report, then it is in their best interest to try and get a judgment against you as quickly as possible so that they can collect directly from the bank account where your loan funds are deposited. I would try to force them into arbitration which will extend the time for you to attempt to settle with them and anyone else for that matter.
  3. A statement is not proof that you agreed to pay what they say you owe. Nor is it proof that you ever received any of those statements that they produce. They must prove the obligation first based on a writing, not a writing as a basis for proving a contract that the terms of which the court is left to guess.
  4. A contract does not have to be in writing to be considered a contract. A contract can be express or implied and can be written or oral. They are saying that they lent you some money and you did not pay them back all of what you owe them. This would be considered an oral contract if not in writing and the SOL for an oral contract is much less than a written contract. I think it is 2 years in California. Here are some arguments based on the oral contract or Insufficiency of Contract Allegations. Regarding the selling of the account to investors in a pooled trust as a derivative, the basic argument is that the Plaintiff never loaned you anything because he has already been paid in full by the investors in the service pool. The Plaintiff was at most servicing the loan for the investor owner and was never entitled to any payments you may have sent to them. The entity that may have given you the loan has not been brought into the lawsuit and Plaintiff has not shown they they have any authority to bring the case on their behalf. The case below is analogous in some ways to this scenario in that the Plaintiff is suing on an alleged contract without offering any consideration which is no contract at all.
  5. Here are the instructions. Here is a link to a document to use for the proof of service. The court will not hear the case unless you serve the other party and file the proof of service along with the request for exparte and the documents you want to file. All must be submitted to the court.
  6. I believe that the other party must be served all papers at least 16 days before the hearing date. You can file the documents at anytime, even after 16 days before the hearing as long as the other party doesn't object. The way that I have done this is by filing a Supplement to your motion to read something like this: TO THE HONORABLE JUDGE XXXXXX Defendant [your name] files this Supplement to his Motion to Compel Arbitration for one narrow purpose: to inform the Court of developments that are relevant to the issues in this motion and have occurred since Defendant filed his Motion to Compel Arbitration. To that end, Defendant files herewith Defendant's Supplement to Defendant's Motion to Compel Arbitration, which documents the following recent events. Then list the events that have occurred like filing with JAMS and their response. Then finish with your request to stay pending arbitration. SBD
  7. I am very confused about what you wrote above. It sounds like they filed a lawsuit against you in the Superior Court and then dismissed it when they found out you were actually going to defend. Is this correct? Then you filed a lawsuit against them in the Superior Court and right before the time allowed for them to file a response, they instead filed a Notice of Removal to the Federal Courts. Is this correct?? If what I have written above is correct, then the ball is your court, not theirs. They do not need any extension but might be trying to delay you from challenging the Removal to the Federal Court. One the Notice of Removal is filed in the Federal Court, you have 30 days to object to the removal and to argue that the case should stay in the Superior Court. If they originally filed their lawsuit in the Superior Court, they would probably have a hard time convincing the judge not to remand your case back. They like the Superior Court when they are the Plaintiff and get judges not familiar with the FDCPA and the FCRA. This works in their favor. The same is not true when they are the Defendant in the Superior Court because they may lose due to the judge not being familiar with the FDCPA and the FCRA. Crap1 will always be Crap1 and their attorneys get their law degrees and their ethics from Crap1 Crook University no matter how nice they claim to be. They do not need an extension but are instead waiting out the time you have to ask for a remand.
  8. There could be another reason this was done in this manner, one which will be to your benefit if your company pays their bills on time. The reason that they checked your credit could be to add you onto the card as a joint card member with you company. In that case, each and every charge along with each and every payment made on that card will show up on both the company credit report and your credit report. This is one of the ways those that are trying to build or rebuild their credit use to increase their credit scores. For instance, a while back I had my mother add me to her Visa credit card account which had a $20,000 limit. She used it every month by charging several thousand dollars and paid it off every month when she got the bill. Adding that account to my credit report gave me an additional $15,000 - $20,000 per month in additional available credit.
  9. The following information is from Jurisdictionary, one of the best and easiest to understand legal reference I have ever used. It was the first legal reference I had bought and to this day, I still go back to it now and then to remind myself what I need to do to win my case in court. The text below is from several PDF sources titled "How to Win", "Motions", and "Forms". Jurisdictionary® Winning lawsuits begins with knowing the rules. Can you imagine winning at poker or baseball if you didn’t know the rules? Of course not! The same is true going to court. And, the consequence of not understanding what’s going on in court is much more severe. The stakes are higher and potentially catastrophic. On the other hand, if you know the rules and are a person who should win your case, you probably will win. That’s why we have the rules we have: So the good guys can win! Indeed, the rules are written for that purpose. Justice for all (who know and abide by the rules). The court system itself is established on these rules. Without them courts could not function. There must be rules. Lawsuits are fights. See this now. Litigation is not a parlor game. In the balance hang the lives and fortunes of both sides. If you don't know what weapons are at your disposal, you’re not prepared to fight. No need to suffer loss from ignorance. The principles of civil law are easy to understand. In fact, it’s quite a bit of fun using the official rules to force your opponents to follow them to-the-letter and obey the law. Live free! Learn the rules! When I was just a 1st year law student, local circuit judge Harry Fogle (whose widow gave me his notes so I could write The Trial of Jesus offered free with all Jurisdictionary® tutorial orders) came to “preside” over some mock hearing exercises. We were there that day to learn how to make motions. When it came my turn I tentatively approached the bench where I encountered the demanding stare of this venerable old judge who asked in a somewhat gruff voice, “And what do you want?” I replied, “I’d like to make a motion that the …” He didn’t let me finish. “Well,” he demanded impatiently, “make your motion!” “If it please the court,” I began again, only to be interrupted once more. “Are you going to make your motion or not?” “Well, your honor,” I stammered, “I’d like to move the court to …” At this the kind but stern old gentleman leaned forward a bit and with a softened voice suggested, “Why don’t you move the court, Mr. Graves?” The familiar lightning of instant awareness struck, and I immediately responded with a knowing smile, “I move the court to …” I don’t remember what the motion was, but once I got to the point of moving the court, instead of trying to be polite and respectful and merely suggesting what I wanted to do or telling the court what I’d like to do and got the meat-and-potatoes of the matter and moved the court, Judge Fogle said not another word until I’d finished my motion and then declared, “Motion granted!” The point of this exercise was for us to understand that motions are intended to move the court, to cause the court to act … not to beg it to act or to tell it how much we wish it would act. No. No. Motions move the court. They’re not disrespectful. They are efficient. They tell the court o what you want the judge to do, o why you’re entitled as a matter of law, o what citations to statute or case law justify the court’s action, and o to move! Remember this: Every judge is a public servant, paid for by taxes and duty-bound to follow and do what the law requires. He or she is not authorized to make up the rules as your case moves through the Courthouse. It’s always wise to be polite to the court, but unless you instruct the judge in the law and the facts and insist on your rights (rather than standing there with your hat in your hand, obsequiously staring at your shoes and begging the court for mercy) you’ll be missing the power that is yours to win your lawsuit. Make the judge obey the law! Do it politely, if you can, but do it! Here's how to get what you want. Move the court. Everything that happens in court results from motions. Either one side or the other moves the court or the court may move itself. Every motion seeks to change the court's position. Motions force courts to decide issues. Motions require courts to move. Once a court is moved, the court must act. The court has no option. It cannot ignore a motion. It must grant the motion or deny it ... and, very importantly, if you move the court to state on the public record why it granted or denied your motion, i.e., "by what authority" it acts, the court must do so. The judge does not have a choice. Judges must obey the law just like everyone else! Use this power. Move the court! Don't expect any judge to act without a motion. Don't sit back and expect a judge to do what's right. Judges are humans, just like you. Don't wait. Don't hesitate. Move the court. This is how you win. Don't wait for justice to come your way. Life just doesn't work that way. Anything worth having (and justice is certainly no exception) is worth working for. Move the court. Move the court to do what's right and, if the court doesn't do what you believe justice and fair play demand, move the court to clearly state its reasons. Move the court to cite the law upon which it relies. Don't allow the court to make its own laws. Require the court to obey the rules and laws of the land just like everyone else must do in free societies. Force the court to honor the Rule of Law. Refuse to allow any judge to act without clearly stating the law that justifies the judge's decisions. Say, "I move the court to state by what authority it denies my motion." Don't take no for an answer. Fight for your rights. Justice is secured by moving the court to grant justice. Justice is not secured by hoping. Justice is not secured by wishing. Justice is secured by moving judges to grant justice ... and by demanding that the court state its reasons for doing anything you believe is unjust or unfair. Move the court to explain itself. Move the court to take judicial notice of the rules and laws that control it. Move the court to take judicial notice of commonly known facts about which reasonable persons cannot disagree. Move the court to prevent the other side from violating the rules in any way whatsoever. Finally, move the court to grant its judgment in your favor. If the court denies your motions, move the court to tell you why ... on the record. You can move your courts, and by moving them properly you improve justice for us all and secure liberty for future generations. It is perfectly proper to demand that courts act fairly to dispense justice. It is perfectly proper to require courts to answer you in writing. It makes good sense to do so. Require the court to state on the record by what authority it acts or refuses to act. This is your power to win. Use it! Move the court to open a window if the courtroom is too stuffy for you. Move the court to explain on the record everything it does to restrict what you believe should be your free right to continue living without interference from others. Move the court in any way you believe necessary to obtain justice, and make a record of every word that is said. It is your right to move the court. Do so! Move the court until you get what you want. Exercise your rights. Speak the truth. Make a record of every word. Demand a successful outcome … on the record. This is how you win your case!!
  10. From what you have written, you have two conflicting orders. Do you actually have the order from the court? Has an official order been made by the judge? When the case is filed in the court and you file a motion to compel arbitration and to stay the case, the judge has to rule one way or the other. If he orders arbitration, then you will need that order to submit the case to the arbitration forum which gives the arbitrator subject matter jurisdiction. If he denies the motion to compel, you can immediately appeal that decision which will stay the trial court action until the issue is resolved in the appellate court. The same is not true for the party opposing arbitration. They can not appeal the decision and have to wait until the case is decided in arbitration.
  11. The letter below worked for me on a repo motorcycle!! I wrote the following letter in response to a collection letter from Arrow Financial regarding a repossessed Kawasaki motorcycle. The Certified letter was sent to HSBC, Kawasaki, and Arrow Financial. Arrow Financial Response Letter
  12. I wrote the following letter in response to a collection letter from Arrow Financial regarding a repossessed Kawasaki motorcycle. The Certified letter was sent to HSBC, Kawasaki, and Arrow Financial. Arrow Financial Response Letter