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Everything posted by trueq

  1. All attorneys blather that to intimidate you to back off. they have to bring a motion to get it. If you complete the arbitration, they cannot bring a motion in court for that. You will be better off without this judge!
  2. Carreon vs Seidberg Law, et. al. in the USDC Tuscon AZ. I got a copy of complaint on pdf. PM me with email for a copy. Plaintiff is wife of pit bull attorney. Seidberg and Citibank messed with the wrong person on this one. complaint validates everything I've been saying...FDCPA violation for litigating when arbitration is in play.
  3. making the demand. Copy the court. Silence could be deemed as acceptence of your request for OC to pay. Make them come out and say "No I'm not paying". You could then argue they have no interest in proceeding with arbitration and demand dismissal.
  4. and read the annotated case law. Wisconsin's looks like this: http://www.legis.state.wi.us/statutes/Stat0788.pdf WI's "waiver" provisions are in the case law listed in section 788.02 (Meyer vs. Classified Ins. Corp) However even that ruling is not clear. There is no "bright line" test when the waiver actually occurs. A Court of appeals in WI last week (I'm fairly sure defendant was reading my stuff hear) ruled waiver of arbitration occured after defendant did not initiate arbitration under 60 stay order...here's the unpublished case... http://www.wisbar.org/res/capp/2010/2009ap001340.htm So hear the Defendant ignored the court order to initiate and attempted to say that did not waive. Court of appeals said he did, but as you read the Appeals court was not "bent" on saying any activity to defend was waiver. Still no bright line test, but gives you insight to the issue.
  5. you have to schedule a motion to vacate. Continuence could be correct in MN, not in WI at this stage.
  6. its somewhat unreadable, but its readable enough to make out JAMS is the chosen forum. I also have a document that sorts out the mess of MBNA, Bank of America, and FIA....I think it was posted here somewhere as well.
  7. If one insists on going pro se'....I always suggest the consumer copy successful pleadings from top consumer lawyers. In the area of consumer law, it doesn't get more top than NCLC, they are the foremost authority on consumer law. Nearly every GOOD consumer lawyer I know consults NCLC. If there is a better authority and research on consumer law, I'm definitely willing to look at it. So my whoring for NCLC is not purely monogamous if someone else looks better in this area of supercharging the pro se' legal cause of putting the debt collection industry in bondage.
  8. You should buy the Consumer Pleadings Index because it gives you web site access to over 2000 pleadings from Consumer lawyers from Federal Court covering every consumer topic you can imagine. The other ones, you could borrow from library and make notes. If you can buy the whole set, I'd reccomend that.
  9. ask for a motion to vacate judgment motion time. The suit was barred because Midland did not provide "Notice of right to cure default" under 425.104 &105 properly 15 days prior to suit. Put this in an affidavit. You need to notice the hearing and motion (along with affidavit) to the other side. Make sure you schedule a hearing with court clerk you can make. Expect Kohn to scream bloody murder, but they do that all the time... Here's someone who did this to Kohn... http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298798&page=1 You have to read thread from start to finish.
  10. http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298824&highlight=trueq CAUTION: its geared for WI consumer Law. The "VD letter" is good too BTW
  11. I am not aware of any rulings or case law where the arbitration clause does not apply to an assign or successor, when the arbitration clause says that. Contracts can be amended on transfer by mutual agreement, but we are talking about unilateral contracts here. If we were to take our argument that the assign or successor language can be ignored, it would gut the entire FAA....which is good or bad depending on your arbitration biases. I think the "picking and choosing" which section of the contract they bought applies is a near impossible argument for a JDB to make in a court. It certainly will not get far with the arbitrator.
  12. If the arbitration clause says its applies to assigns of the debt, like Midland claims to be, the arbitration clause does apply. 95% of arbitration clauses make specific provisions to apply to the successors and assigns of the account! JDB's cannot pick and choose which contract terms apply! If that were the case, I'd pick and choose interest and fee clause don't apply when its transferred! Arbitration clauses survive default, termination, and assignment of the account! Arbitration clauses apply AFTER SOL and Bankruptcy! This idea the JDB can wiggle out of arbitration clause by their choice is an absurd argument. They could possibly get a court to nullify the clause, but that can be difficult and time consuming process. There is little scenerio where a JDB lawyer can claim, at this stage, the arbitration clause does not apply to them without violating FDCPA. If you overlook suing on this, you are missing opportunity. My consumer attorney is absolutely convinced this type of behavior violates the FDCPA.
  13. $250 is maximum outlay for consumer. JAMS does very few consumer arbitrations by comparison to its main business. (business to business arbitrations, construction arb., insurance arb., and international arb.) Its $250 if you are a consumer. JAMS does very few consumer arbitrations, so don't be surprised if you get a "$400 letter" by mistake. Just call case manager. To date, I've filed or been involved with 8 JAMS arbitration and only had to pay $50 for the HSBC one.
  14. Weltman represented to you the claim was a consumer claim.
  15. just a clerical mistake. So now its down to whether they pay.
  16. When a JDB buys a debt they buy THE CARDHOLDER AGREEMENT THAT COMES WITH THE DEBT. Ask them one question in discovery. Did (JDB) buy account #XXXXXXX from (monstermegabank) between (monstermegabank) and (poor abused debtor)? If they answered yes. They just acknowledged they are bound by arbitration clause. Which makes their statement about arbitration A LIE AND AN FDCPA VIOLATION! If they answered no. they have no claim to debt and the entire collection is a lie....FDCPA violation. So you can screw this guy good. I'd get a good FDCPA lawyer, they will eat this so called "legal professsional" for lunch. congrats, on "teeing up" this FDCPA lawsuit!
  17. A certain JDB owned 4 alleged accounts of mine. I sued them over 42 phone calls after cease. They agreed to write me a fairly big check and terminate AND INDEMNIFY the $20,000+ in debt they allegedly owned. deletion. no 1099. If you got them dead to balls like I had....SUE THEM! You will get paid and get rid of the debt. Make sure the check flows the CORRECT way....meaning toward you, not away from you!
  18. Its a matter of how the leverage changes as the arbitrator rules on various motions you may submit. Right now, you have good leverage. Cap1 has to cough up huge money to continue against you. However, I would only deal with Cap1 directly not this TSYS....other than to bait them into FDCPA violations, to sue them. Everything is negotiable at anytime, it depends on leverage you have. I had a judgement (no arbitration clause) where creditor would not negotiate down. Told him I would bring a motion to vacate over notice issues and he immediatly accepted 75% and agreed to vacate judgment and delete. (turned out to be a $9000 savings when you figured in statutory judgment interest) Judgments are less negoitiable for you because they "have you", before that, in arbitration, 5-10% in common....or outright defeat because creditor does not want to spend time and money to go after you. Point is: everything is negotiable at anytime....its all a matter of how many obstacles you put in other sides path before they can force collection from you. More crap you put in their path, the more leverage you have.
  19. While a 128 is useful 36 month, no interest payment plan, (and I utilize a 128 currently on a judgment) IT DOES NOT STOP CREDITOR FROM GETTING JUDGEMENT!!!!!!!!! WI 128 will stop collection action on the judgment (that is good). HOWEVER, YOU SHOULD NOT WILLINGLY TKE A JUDGMENT!!!!! Read this: http://www.wisbar.org/AM/Template.cfm?Section=Bankruptcy_Insolvency_and_Creditor_s_Rights_Section&CONTENTID=73094&TEMPLATE=/CM/ContentDisplay.cfm You should go to return date and say "I contest". (If you can't attend just file awritten answer in advance! Take it to courthouse on Monday...DO NOT TAKE DEFAULT JUDGEMENT!) Then exercise the arbitration clause in underlying cardholder agreeement. Midland has been folding on this from what I understand. If you beat them, you do not have to pay the 128. Its fine for you to pay the 128 while case is going on, but if you win, I'd just stop paying the 128. Its foolish for you to rollover and take judgment by ignoring the court action when you could beat it with arbitration procedure! Who's the underlying OC?
  20. and they don't want to talk about it OR just keep on threatening litigation. It makes my day...and adds to my people to sue/arbitrate against list!
  21. Even then I'd still demand other guy pay your fee because of your financial hardship! The arbitration will not proceed unless they pay you fee! THE ONLY SCENERIO WHERE I WOULD PAY THE $250 IS IF THE JUDGE ORDERS YOU POINT BLANK TO PAY THE $250 TO GET THE COURT STAY. If the court stays without addressing the fee, other guy's claim is dead if they don't pay fee for you! So you should only have to pay under very limited circumstances.
  22. Send it to Weltman and the court. The language in the Cap1 clause says if you fail to get a hardship waiver, they will consider your request for Cap1 to pay the fee. Until Weltman "rejects" your request to pay your $250, in writing,...the onus is on them to pay your $250. It becomes Cap1's bill until they actually reject. If they want to forward their claim, they should be the one to pay it!
  23. You will get a commencement letter with a list of 5 potential arbitrators. You get to strike 2 and rank the rest. You want an arbitrator with a history of consumer type experience. You don't want arbitrators ith a creditors rights backround. Check their bios on JAMS and GOOGLE THEM! Most arbitrators are retired federal and state court judges. There is invariably press about them. That can give you a flavor of their bench politics. Its like shopping for the right judge. Wait til Citi gets $2000 supplementary bill...they may not proceed.
  24. Once you get past local debt collection lawyer....Cap1 is very mindful of thaat issue. They are not going to spend $10,000+ to arbitrate if they cannot recover from you!
  25. You will dismiss your claims with prejudice if they do the same.... Otherwise you look forward to them paying $3000 for the JAMS fees. Leave it open ended...they could violate CA consumer Act if they threaten you with charges that are not in the contract.
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