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About maggie22

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    New Hampshire
  1. Almost forgot to tell you, our state law puts the OC on the same footing as the CA regarding Fair Debt Collection (state version). The downside is the damages are minimal but nonetheless, I'd still rather bring a knife to a gun fight as it's better than nothing.
  2. They would make that argument. As far as this being a litigation waiver, doesn't look like it to me. Looks more like they've done little to nothing over the past 18 months. I'd check your state case law regarding waiver and see what it says. Interesting that they provided a 2009 agreement. Does it contain JAMS? I know the ones prior to November 2009 were Naf and AAA only. Amex amended their contract on paper billings for the statement closing dates of 11/27/09. It's buried on page 7 or so, replacing naf with jams because as it states: Because NAF no longer does consumer arbitrations
  3. Another good case to review is Cap 1 v. Mitchell Rotman 2012-Ohio-480, it's an opinion from the Ohio Court of Appeals released Feb 2012.
  4. You can file both an answer and a motion. It's done all the time. If it's solid don't withdraw it just make sure it's scheduled for hearing.
  5. Serious impairment "is" a question of law for a court to decide and a hurdle to jump over if one ever wishes to even get the case before a jury, but one would first have to file a complaint not only alleging a serious impairment but must prove one. In this instance, the OP indicated his wife was fine therefore we could guess she'd have a hard time alleging a serious impairment at this juncture. However, with these types of accidents, sudden acceleration/deceleration, the concern is for TBI's (traumatic brain injuries). the person may look fine, but in reality may have an injury. And yes,
  6. Guys, Michigans a No-Fault State. Thus, there's no liability on DTE unless a threshold injury is met.
  7. I would have bought a blanket. That's because it'd be a cold day in... before a JDB that paid approximately $100 would spend $800 for the JAMS filing fee followed by more down the road and all the while face potential exposure for alleged claims for which they are generally/routinely found liable. In fact, they committed more violations during the wait for the release. It is advisable to always think any plan all the way through and make sure and have an A,B,C just in case.
  8. Ok, sorry for the delay and thought I'd post here as well so as to not leave the thread hanging. No new record here but basically I just completed a rinse and repeat with the same JDB- Portfolio, same exact procedure as above. This one took longer as this was with a different local firm and they ignored everything I did. I was thus forced to File an answer and I also filed a MTC at the same time and scheduled a hearing date. They filed no response. The attorney that showed up for the hearing claimed he was trying to get ahold of me. I inquired if it were by telepathy, or indian smoke si
  9. Sounds like the court just set aside the default judgment. In this situation, the case still remains active, just with the default removed. Happens all the time, and does not equal a dismissal.
  10. They left messages? Were they left on a home phone or cell? Do the messages comply with the FDCPA?
  11. To add to this thread here's my proven strategy with JDB's in similar situations. Once served, and before the answers due, file with JAMS via FAX and Fax the JDB attorney. Include a cover letter demanding dismissal, and wait for the phone to ring. The first time I used this it resulted in a mutual walk within 12 days or so. No court involvement period, and it is done. Sent 2 faxes and 20 minutes on the phone. I had this kid so confused he almost paid me, and he even forgot his own address. Mutual walk, won't resell, no 1099c, CR deleted, and a few other goodies. The second time, Well th
  12. There is a procedure for a Motion for Reconsideration, but it is not supposed to be based upon the same arguments. Other than that, the appeal would go to the circuit court. If you lose I would ask that any trial be adjourned pending the circuit court appeal. District court Judges are funny however, and you may end up doing the appeal after the trial. In this regard make sure the Judge knows it will be coming regardless. I think they'd perhaps be less inclined to ram a trial through knowing they could get shot down on appeal.
  13. If it's purely your claims against them, and no debt counterclaim is anticipated then the standard thinking is to check the box. If you expect them to counterclaim for the debt, then don't check the box. Later on down the road make sure if they are responding with a counterclaim for the debt that you object if they attempt to demand expedited procedures. Just my opinion...
  14. AAA will accept a business filing against the consumer if it was court ordered. I have a letter from AAA attesting to this fact. In fact, you may want to contact an AAA rep to see if they'll document that for you. In prior contacts they have been very helpful with sending out forms etc. I can't see why they wouldn't reaffirm their current business practices in writing to a proposed question. They accepted a case against us filed by the OC's atty with the court order attached. Our contract however, although they had concealed the relevant portions for over a year, allowed us the right to r