scardKaren

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About scardKaren

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    Impressive 100+ postings

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    Nevada
  1. Let say you asked for discovery... Asked for 10 things. They sent you about 1/10 of what you asked for. Should you re-ask or assume it doesn't exist. What would happen if you asked for something, they didn't send it and then they tried to use it as evadence?
  2. I know with JAMS you get to have the meeting where you want. I choose my home town. The year you defaulted.
  3. Thanks for the help, but SOL is of no help to me, under Nevada, or Virgina law. I have nice decptive trade practices against them. Nevada law is clear that a debt collector is not allowed to lie, or make missleading stayments. and it's punishable with a 10K fine.... After your 3rd offence, you can get up to 6 months in jail. Virgina law is vauge.
  4. I've think I got it. http://www.corpfinblog.com/2010/07/articles/employment/9th-circuit-applies-california-law-to-determine-employment-status-despite-texas-choiceoflaw-provision/ Narayan v. EGL Inc., 9th Cir., No. 07-16487, 7/13/10 The 9th Circuit reached this conclusion by determining, under Texas law, that a choice-of-law provision that refers only to the interpretation and enforcement of a contract applies only to the contract itself, not to noncontractual disputes that arise under statutes or common-law principles. In this instance, according to the court, "The Drivers' claims involve ent
  5. Short story, Cap1 sued me. Local councel has broken several anti-trust local laws in course of trying to collect this alleged debt. I have very nice state charges on them, you can go to jail for what they did in this state, the law is clear as to what they did, and fines etc. VA law is a problem... Vauge in every way. Writing a contract saying VA law applies, I'm sure does not give them carte blanche to move in and break local laws. I need case laws etc and I've been searching for hours. Anyone have anything handy? TIA
  6. Always answer. Work something out after you answer, if that is what you want to do. I've heard of these slime balls acting like they are willing to work something out, so you miss the deadline to answer and then BAM they have a default judgement. They also know they won't get a default judgement. Remember only 3-10% of consumers answer anything.
  7. I'd call the court. See if the hearing can be moved... If it's not all ready too late.
  8. What proof do you want? From what I read the people who are using it settle with DND. They don't go through the whole arb process. If I settled with DND, I wouldn't be stupid enough to go and post it on an internet forum. In my case I was facing a SJ last (don't have my paperwork in front of me) October ish. Right now I have a stay pending arb. I wouldn't call it a win, just a stall. CC are taking the arb clause out... If I understand where you are coming from, by the time it's proven to work, it will be too late.
  9. Did they file in small claims or justice court?
  10. My first thought is someone dropped the ball, and it was never served. Who did the letter come from the court or the "CA"?
  11. I live in Nevada, and I was granted a stay after plaintiff filed a MSJ. BTW I had a similar experance.
  12. I'd bet it's my mistake. I'm just not sure if I can fix it.
  13. The way my case is filed it's non-consumer. I received a bill for $400. I assumed it was a mistake, and sent out an e-mail. In the e-mail I also asked for the waver. I've asked how to file it as consumer, but they have not got back to me (I sent an e-mail late yesterday afternoon) If I can't get it filed as a consumer, will that have any other ramifications? Karen