FL4answer58

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Everything posted by FL4answer58

  1. I agree with Todd Henderson… based on his assessment I feel minimum wage should be set at $96.15 per hour. Maybe Mr Henderson should try and feed a family on a 'living wage' of $6.25 per hour.
  2. The fragrance always remains in the hand that gives the rose. by Heda Bejar Law school taught me one thing: how to take two situations that are exactly the same and show how they are different. by Hart Pomerantz
  3. See nascars post from today.... http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=305359
  4. Denita: Could you give more details on 'shortsale' - have a few others asking and I don't know much about it. How does this work - "get 'time' to recover your income during the sale as you still reside in the property until closing". Two of the individuals have mortgage - not upside down - equity still there. Mortgage is less then house would sell for at this time in this economy. Short sale - is equity given to homeowner after note pay off? They (each individual) have houses on market - no buyers at this time. Houses passed 3 months no payment to mortgage. Can they offer shortsale - stay in
  5. If this was a credit card - you may not have any Federal usery laws on time bared charges. But - Arizona may have some - check your laws and statutes. How much was the seat? 18 months may be the point by which they contacted you - not the point of default. They may have attempted to run the charge earlier - between then and your hardship - and card lapse. If this period of time meets at 12 months or less - (and may well) your most likely in default of payment - regadless of 'mistakes'. This was not an 'open' or 'revolving account' so you may fnd something on time barred debt for charge cards.
  6. Not sure ... but as I recall your Plaintiff is OC Citibank. You filed an answer - now looking at court mandatory mediation - ADR. This is not private Arbitration - JAMs or AAA. How much is the claim? What is the SOL? What is on the claim - 'Breach of Contract' and 'Account Stated'? Original creditors sometimes don't produce a written contract in 'breach of contract' debt collection cases. The consumer supposedly accepts the contract by using the card after receiving the agreement, terms and conditions. There many defenses to this claim and its sum. The 'account stated' cause of action is an o
  7. Read the SJ Part 1 & 2 ... Although this is Arb thread it will help against the SJ. http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=304234
  8. See Arbitration Case law thread - MTC and SJ part 1 & 2. http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=304234
  9. Re: If Their attempting SJ or fighting MTC Arb Options: Argument and Opinions for consideration: [Part 2] (8) Appeal - Summary Judgment Verdict In an alternative, a party may file an appeal. Look at ‘Conley’ Pro Se filing as an example for effective process and argument(s) for an appeal: On appeal, Conley asserts that the trial court erred in granting summary judgment. See, Retail Recovery Service of NJ, Plaintiff-Appellee, v. Teresa A. Conley, Defendant-Appellant. No. 10-09-15. Court of Appeals of Ohio, Third District, Mercer County. Date of Decision: March 29, 2010. The moving party may add
  10. Re: If Their attempting SJ or fighting MTC Arb Options: Argument and Opinions for consideration: [Part 1] (1) Uniform Arbitration Act Remove to Federal Court. The Uniform Arbitration Act provides that a contractual agreement to arbitration is valid, enforceable, and irrevocable. (2) Validity of Arbitration Clause While Arbitration clause interpretation and validity in the US is not a settled legal matter. However, if the arbitration clause includes a provision which states that the arbitrator "shall have exclusive authority to resolve any dispute relating to the interpretation, applicability,
  11. If you intitate arbitration you set the venue - location. They must agree and/or meet you in that venue of choice. If not select a local for a vacation - I know others have - what goes in Vegas stays in Vegas. If you win you can recover costs. You can still use the SOL in Arb.
  12. Agree what 'vballchick' said - if debt is SOL they are S.O.L.! SOL will stop SJ - when you still have controversy of facts - no SJ. The big question is - did you include such an argument in you answer - you affirmative defense? If not depending on your own states RCPs - quickly amend you answer to include the required SOL argument ASAP. Otherwise...you may be S.O.L. and forced to appeal. Always include evry option you may need in your affirmative defenses - and add any others as amendment - once you deem it necessary. Its best to cover everything then not have enough - for this reason.
  13. You will find some NAF and AAA cases on discussion boards indicating they have taken consumer intitiated FDCPA violation cases - not commercial / consumer debt lawsuite cases. I have researched these claims myself - and have documented 4 cases.
  14. I think your case exceptional. Most JDB's do not have the multitude of evidence displayed in your case. As you say…Arbitration was instrumental and helpful in your case. There is no doubt that Arbitration can be and has been instrumental and helpful in many cases discussed on the boards. The post and facts presented here - indicates this door may be closing and in some States, may have already closed.
  15. What was the order - do you have to initiate?
  16. I would say .....this has merit........and IS supported by law. Massive I beleive your statement KEY. "Credit card issuers [often don't] follow the law in regards to proper notice (period.)... in the alleged agreement as required by LAW." JDBs ... NEVER.
  17. NAF As of today: http://www.adrforum.com/faq.aspx?faq=884 Q: What types of disputes can be arbitrated? A: Just about any type of dispute can be arbitrated, including contract disputes, intellectual property disputes, employment and labor claims, real estate and construction issues, and tort and civil rights matters. The majority of cases in the court system concern auto accidents and billing disputes. The FORUM handles a fair share of those types of cases as well. The FORUM currently is not accepting consumer arbitrations. ------------------------- AAA as of today:http://www.adr.org/sp.asp?i
  18. Also see: Posting of Sam Glover to Caveat Emptor Blog, "HSBC Will Not Give You Their Credit Card Agreement Until After You Apply for the Card". http://caveatemptorblog.com/hsbc-will-not-give-you-their-credit-card-agreement-until-after-you-apply-for-the-card/
  19. Motion for Clarification and set for re-hearing. Ask judge to review and be prepared to argue the compels. In your motion for clarification include defendants motion to vacate Plaintiffs motion to compel - asking judge to set timeline for both parties to answer discovery. Check your state RCPs for: "The court, on its own motion or on the application of a party, may extend or otherwise modify" "There are no provisions of the Texas Rules of Civil Procedure regarding the timing of opposition or response" "Reasonable Notice" "Upon reasonable notice to all parties and affected persons, a party
  20. You may have re-aged or stopped tolling of the debt by payment or they may be using 'choice law' for another [states] SOL. Review your claim - what does it indicate - example 'breach of contract', 'account stated' and others. Please list.... You are in Ketucky? [based on cases cited] All of those cases you cite merely indicate they have right to SJ because: "Summary judgment is proper where there exist no material issues of fact and movant is entitled to judgment as a matter of law. Steelvest, Inc. v. cansteel Service Center, Inc., 807 S.W.2d 476 (Ky.1991)." But keep in mind: "The Court in Lib
  21. Read this thread - get back to us with questions. http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?p=1078793#post1078793 Iowa small claims court: Iowa RCPs http://www.legis.state.ia.us/IACODE/1999SUPPLEMENT/631/ "The defendant has 20 days to answer claims regarding monetary damages. They are provided with an answer form at time of service of the original notice. The defendant is given 5 days to respond in a replevin action, Out of state defendants being served through the secretary of state have 60 days to respond. If no response is given within the appropriate tim