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Everything posted by david9041

  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
  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
  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 ca
  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
  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
  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
  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
  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 ?
  16. admin , at the risk of looking dumb I have to say I don't understand what you mean by debt validation not allowed ? I thought you meant they would not give you a debt validation after they started Court action . If it was something I posted about the debt validation itself what was it that was not allowed ?
  17. No , not really , I know I'm broke but when your on the bottom it can only get better , no down side at all , I can file with Indigent status from what I read . I figure some of them would settle without even going to Court , that's the Process company's , how could they put up a defense ? So I'm thinking if I start at the bottom , the server and work my way up , where I say 3 may end up only one because if I would win the 1st one they would just settle the next two , they falsified 3 separate lawsuits . How expensive do you think it would be ?
  18. FlaLawyer , yes it is complicated , I am going to try filing my own lawsuits , I figure , 3 against the server , 3 against the Server Company , 3 against the local lawyer , 3 against Rubin & Debski , 3 against Cap1 , the odds are I should win some of them ? I will get better as I go along .
  19. I agree with you 100% and do not want to make any false statements , I am saying it works if you are being treated wrong in court and you want to stall , Weather I will win or not will be known when its over , I think it might be a question of judgment now or judgment next year ? A year to get ready for something may look good to some of us admin , I see the value of what your doing in trying to keep people from using advice that may harm them , but please look at the complete picture , there may be some good that people lose by not having all the information .
  20. Willingtocope . Point well taken , this case was in court for 9 months , Cap1 refused all demands for a proper detailed accounting , the 1st thing I demanded in arbitration was a detailed accounting and full discloser of their records they had on this case , they sent me almost 700 documents but I requested another hearing because I wanted a simple accounting of amount borrowed , amount paid back , total interest charged and all other charges listed and identified . The arbitrator agreed because he could not understand their spread sheets , 30 days later they sent it , apx figures were borrowe
  21. PART TWO arbitration Works ? MG05/Trueq Mostly because of what I seen posted by Trueq and MG05 I started sending DV letters and stated I was demanding Arbitration , The phone calls soon went from 15 to 20 a day to less than that in a week and even less now and I started getting letters from them that they would not be calling me again , so if the question is does that work ? I would say yes it does without question . All 4 court cases went on a 60 day stay that was to be lifted if I did not initiate arbitration , so I took case 1763 into arbitration and let the other 3 cases in court and let t
  22. I don't care if you would have 5 MG05's and 5 Trueq's on this site we need people like them on this site , and I am sure many more feel this way .
  23. Your intentions are good and it is Important , I am into arbitration with the 1763 case for about 3 months now , have not spent anything so far . I will post a second part soon and explain the turn around in my situation
  24. I did not know I could -----Right now I have successfully named both the Plaintiff *and* Plaintiff's counsel as co-respondents --- Did you do this in Jams ? And can the lawyers be added after arbitration has been started ?
  25. Admin Proof Arbitration Works ? MG05 / Trueq I guess I should first mention that I found this site while searching for some free legal advice because I was broke and Cap1 had filed 4 lawsuits against us , one against my wife and three against me and at that time the collectors were calling between 15 and 30 times every day . This is going to be a long post so maybe I will do it in 2 posts . I received a lot of good advice from a lot of people on this site , I started by filing a MOTION TO QUASH because we had never been served , a MOTION TO DISMISS because they had presented no proof what so