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david9041 last won the day on November 26 2009

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About david9041

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  1. I have two of our court cases now in arbitration , I repeatedly requested an accounting in court , they refused everything the arbitrator ordered them to give me a complete accounting , they then sent me about 1200 documents , I complained they were flooding me with useless documents , the arbitrator agreed and I got a complete accounting . This never would have happened in court .
  2. Defective Motion What law or rule would I use to get a motion dismissed ? This motion contains false statements that I can show as false , I thought I read somewhere that if any part of a motion is false the entire motion must be considered false ?
  3. I agree with chuckygee , I was unlucky enough to have 5 lawsuits to play with 4 with the OC and one with a JDB , I tried different things in different cases , I mostly followed what Trueq and MG05 posted and found that everything they said worked the way they said . The DV with the arbitration statement cut my phone calls by about 90% and so far no more law suits . On the JDB case I got his first two SJ,s denied and when he went for the 3rd SJ I requested Arbitration and the Judge granted it . If they furnish an agreement that has the wrong copyright date or they furnish no agreement and you bring that up at the start you can get your arbitration anytime you want it , at least in our court . And Arbitration appears to be way better than Court , I may still lose but its a long way away , and that what a lot of people want . Everyone makes mistakes but kicking Trueq off this site and giving MG05 a bad time was a major mistake and lots of people will end up being hurt by what happened , its like someone sold out to the other side .
  4. usctrojanalum , thank you for your input although its kind of disappointing , its obvious that you see very little wrong in the fact that violating our Laws and Rules of Civil Procedure is wrong . There is nothing wrong with being harsh and letting people know how you feel so with that being said : I could see clearly when whoever is in charge of this site seen fit to get Trueq and MG05 off of this site , that admin or someone had somehow sold out to the very people that this site was set up to help protect us from . Why would the two people that were helping the most and getting us the best results get booted off and other people like yourself that seem more interested in discouraging people , be allowed . Maybe someone on this site could explain it to me , I tried to get admin to address the issues but had no success
  5. I know how bad State Farm is and its about the same with Cap1 , here is a Email from them , the question is can this be considered a legal order ? All communications from this date forward must be with me. Further, I represent capital one regarding any and all issues, regardless of Account or nature, you have have with capital one. Thus, all Communications with capital one must cease immediately and be directed To me. I will respon to your latest emails in due course. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Also is this not enough for a lawyer to want to take a case and if it is why will no lawyer take it ? ILLEGAL ACTIONS OF CAPITAL ONE BANK (USA) 1 , Failed to follow Rules Of Civil Procedure by failing to file a Motion to appoint a process server and failing to obtain Courts order to use a process server . 2 . Refused to furnish proper alleged Agreement , an act that violated our rights to Arbitration . 3 . Refused to furnish us a proper alleged Accounting for the alleged amount they were demanding . 4 . Used a Process Server that was unlicensed in our jurisdiction and somehow obtained a FALSIFIED Verified Return of Service , stating we were Served in person when in fact we were never served at all . 5 . In an act of Fraud Upon The Court CAPITAL ONE BANK (USA )Submitted the FALSIFIED Verified Return of Service as evidence into the Court Records , CAPITAL ONE BANK (USA) knew or should have known this document was falsified . 6 . CAPITAL ONE BANK (USA) submitted the illegal / falsified documents in an act of Ambush , by Ambush I mean we were not made aware of or shown what they were submitting to the Court . 7 . CAPITAL ONE BANK (USA) committed this illegal action for the sole purpose of having our motion to the Court denied in a wrongfully manor . 8 . CAPITAL ONE BANK (USA) then proceeded to submit other evidence that was false as presented to have my Motion To Dismiss denied . 9 . CAPITAL ONE BANK (USA) refused repeated demands by us to withdraw the false evidence and are now refusing our request for an explanation of their illegal conduct and our requests for information that pertains to their illegal conduct . Their refusal to withdraw the false evidence has and still is casting us in a FALSE LIGHT. 10 . CAPITAL ONE BANK (USA) 's actions have denied us our rights to Due Process Of Law and denied our Civil Rights by holding us in an illegal Court action for almost a year now , I am 67 years old and not in good health and the illegal actions of CAPITAL ONE BANK (USA) is causing me serious damage by their actions .
  6. NEW CAP1 LAWYER ?? Or ? Cap1 has just set up with a law firm BURR-FORMAN the lead lawyer Rik Tozzi , he has in his Web site that he is a partner , this was just up last week , below is part of his Web history , he has taken over my Arbitration case and 3 other lawsuits I have , at the same time as this was happening Trueq and MG05 for some reason got kicked off this site or maybe they didn't depending on who you listen to ? He has extensive experience enforcing arbitration provisions, enforcing covenants not to compete, and confidentiality provisions against agents, as well as defending and prosecuting cases against Internet schemes concocted to avoid legitimate debt.
  7. befranktome, its going to be kind of hard to get much advice about arbitration sense they took Trueq and MG05 off this site , I hope they get them back soon , their advice sure worked good for me .
  8. Bradly1 , would this work , let your lawyer hire you as a Paralegal at extremely high pay , charge the regular lawyer rate and then pay you when you win your case ? I think anyone can become a Paralegal without much training . Why not go to law school and become a lawyer , do they have on-line law school ? Paralegal A person who does legal work but is not licensed to practice law or give legal advice. Paralegals employed by a law office often handle the routine tasks and paperwork of a law practice. Independent paralegals (those who work directly with the public, not for lawyers) assist their customers by providing forms, helping people fill them out correctly, and filing them with the proper court.
  9. admin, did you check this out , and what do you think about it ?
  10. Yes do send the letters , we need people to file , it could change things , I had filed on 2 lawyers , Both Cap1 lawyers , if it was not so clear-cut that they lied I would understand it to some degree but lying in the letter she sent to the Bar is a bit much .
  11. I guess you know what I just found out , I can see now that what they did I would now be able to stop it , when they did it in an act of Ambush and me being Pro Se it makes for a bad combination . But I did think that the Bar would stand against a lawyer lying , and what is bad is the fact that they know they can lie and go against their oath with no fear of punishment .
  12. FLORIDA BAR AND LAWYERS ? See if this sounds right to you , I filed a complaint against Cap1 lawyer for her part in presenting false evidence to the court , she answered the complaint stating to the Bar that she had nothing to do with this case what so ever , I then sent the Florida Bar 4 motions she had filed and signed in this case , clearly showing her statement to them was false and sent other proof that she was lying . Got letter today from Florida Bar stating ----the grievance committee found no probable cause for further disciplinary proceedings in this matter ----then they go on to say they have only ---- authority to address questions of ethics ----- I guess lying to the Florida Bar is ethical , WOW , we wonder why people are learning that lawyers can not be trusted , I know this is not going to go over to good with the lawyers on this site but I am not talking about them , but I do wonder why they would not want to take a stand against the lawyers that will lie and commit illegal acts in a court of law What do you lawyers think about this ?
  13. Thanks , I have 4 Cap1 cases and one JDB , the JDB went for SJ once already , I argued it was premature and the Judge denied it , they have now went for a second SJ , the hearing is Wed, this week , I think I can get it denied . If I just file one suit and nothing more for a few months , they would have a hard time joining them correct ? I am now reading up on the filing of a lawsuit , If I charge them with fraud I can stretch this out for 4 years correct ? I am playing this by ear so anything I hear will help .
  14. Its only 15 because it was repeated 3 times by 5 defendants , and it would more or less be a pay back for them filing 4 lawsuits , I feel they did that just to over-load me , even when I got into arbitration it was just one case 1763 and they sent me about 700 documents because I had asked for a detailed accounting , even the arbitrator thought is was dumb . Why do you think no lawyer seem to want to take my cases , with a lawyer and the fact that they would have to pay the lawyer fees would cause them to think about settling these issues , the letter from Morgan & Morgan stated almost $1,000 per hour .
  15. Do you think after seeing all the illegal things they have done that there would be a lawyer that would want to take a case like this and if so how would you find them ?