scardKaren

Members
  • Posts

    153
  • Joined

  • Last visited

Everything posted by scardKaren

  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 entitlement to benefits under the California Labor Code. Whether the Drivers are entitled to those benefits depends on whether they are employees of EGL, which in turn depends on the definition that the otherwise governing law—not the parties—gives to the term ‘employee.'"
  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
  14. That only leaves 48 states. And in 2 you have to know how to play your cards right.
  15. Is it? I don't owe Crap1 what they claim I owe.
  16. What I want to know is... If they return the check, they charge the person you wrote the check to... For example, if I write you a check, the bank doesn't like me, they return the check unpaid... You get charged... (15 years ago it was $10, not sure now).
  17. So, cap one sues me for $3,000, I counter sue for 25K... We agree to dismissal with prejudice for both suits. If I get a 1099 for 3K, do I need to send Cap a 1099 for 25K?
  18. I'd send something in the mail to the atty, and notify the court that you are electing arbitration. Let the court order you to initiate.
  19. I believe are are supposed to use the agreement in effect when you last used the card. Most say by using the card you agree to the new terms.
  20. 95% of people fail to defend themself in any way. Then the CA can clean out their bank account attach their wages etc. Why would a CA not like this? They don't care if your kids can't eat. How much do they claim you owe? The threat of a BK might be more of a barging tool than poverty.