nobk4me

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Posts posted by nobk4me


  1. Go with arbitration, which is the best way to beat a JDB.  I would file the MTC Arb ASAP, and object to their discovery on the grounds that arbitration has been elected, and the scope of discovery should be determined by the arbitration forum.  

    Answering their discovery requests with anything other than an objection could be construed as waiving your arbitration rights by participating in litigation.


  2. On 1/9/2020 at 4:17 PM, giothegerman said:

    Stenger and stenger has sent me  interogattories  when I asked for proof of debt. Completely disregarding my request, as I expected. What should I do know ? 

    The other guys (javicth) haven't even responded. 

    Just to clarify:  you did file the MTC Arb with the court, and sent a copy to the lawyers?

    As for the interrogatories, if you want to pursue the arb strategy, it is best to object to all of them, as arbitration has been elected, and the scope of discovery will be determined by the arbitration forum.  If you participate in discovery in court, you may waive your arb rights.


  3. With the OC of Synchrony, arbitration is the best way to deal with this.

    And, if you do go the arbitration route, you do not want to engage in discovery,a s that may waive your arb rights.  Instead, you should object to their discovery on the grounds that arbitration has been elected.  But first you should file the MTC Arb.  I would suggest doing this ASAP.

    Best info on arb:

     

    • Like 1

  4. Unless the JDB appeals (which is unlikely), it's over.  You have prevailed.  Congratulations.

    Don't withdraw the arb, though.  What will probably happen there, is the JDB will be billed by AAA, the JDB won't pay, and AAA will dismiss the case for their lack of payment.  Keep all the paperwork in case they (or a subsequent JDB) tries again in court.  The probably won't, but it's best to have proof that they have failed to pursue arbitration.

     


  5. You always have the right to represent yourself.  But, it is not uncommon for attorneys, judges and magistrates to exhibit disrespect for pro se litigants.

    You need to review Rule 53 of the Ohio Rules of Civil Procedure.  Rule 53 deals with magistrates.  Note that the magistrate's decision (which would come at some point) is not final. It is not the judge's decision, and under the rules, you have the right to file objections to it.  You can also file a motion to disqualify a magistrate for bias.

    However, to prove bias, you need to have a record of what she said.  Meaning, a transcript or recording.  I am guessing there isn't a record?  What I have seen, is these conferences with magistrates are held without a record being made.   Would you be able to record the next one?  Unfortunately, the local court rules often prohibit cell phones or recording devices in the court.

    Something else to consider, after this is over, if she really screws you over:  filing a complaint with the Ohio Supreme Court:

    http://www.supremecourt.ohio.gov/DisciplinarySys/odc/complaint.asp

    Of course, appealing an adverse ruling is also an option.

     

     


  6. On 12/8/2019 at 7:54 AM, BV80 said:
     

    As has been pointed out in the previous responses, the 5th Amendment protects you from testifying against yourself when accused of a crime.  Here is the 5th Amendment.

    No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

    But see Lefkowitz v. Turley, a US Supreme Court decision that held the Fifth Amendment right does apply to civil cases.


  7. 23 hours ago, elansus said:

    Update: The non-oral hearing date set by the magistrate has come and gone (Nov 29th) and just today a Status Conference has been set before the Magistrate for February 12, 2020 at 9:30 AM. Why pushed out so far? The feeling from this status conference is weird.

    Well, to be maybe a little snarky here, most lawyers and judges do virtually no work during the month of December.  Holidays, you know.  They get back to business after the first of the year.

    Is there any indication of what this conference will be about?  What you will need to prepare for it?  Has the MTC Arb been ruled on?

     


  8. On 11/24/2019 at 3:18 PM, BackFromTheDebt said:

    When things get weird, anything can happen. 
     

    Which is why I recommended earlier that EVERYTHING be well documented and saved.  
     

    This could be a mess up by the OC. This may or may not be an honest mistake.  They could verify.  
     

    This could be ID theft. 
     

    This could be one illegal skip tracing.  As I have mentioned many times in the past, I got one of the most dogged OCs to drop a case with illegal skip tracing they refused to investigate.  
     

    We don’t know what is going on.  The OC may handle this correctly, and there may be no violation.  Or, the OC could mess this up and the OP saving all the evidence could blow this up in the OC’s faces. 
     

    When an OC did some illegal skip tracing on my wife’s account, we got the OC to walk away and also got a law firm to pay a couple of dimes for their violations.  So don’t assume this is just an innocent thing for which you have no recourse.  Even if it is innocent, they may well be willing to make an extremely favorable settlement to avoid having to explain to a judge or arbitrator why they presumed you dead without any evidence.  

    Not trying to hijack the thread here, but could you explain what is meant by "illegal skip tracing?"


  9. 18 hours ago, elansus said:

    Correct. If the magistrate denies my motion I will have plenty of time to file an appeal and I can amend it to admitting to having an account with the OC but not admitting to the debt.

    Now I am working on getting these interrogatories, admissions and request for documents since they need to be filed/returned Wednesday this week so I want to get them out tomorrow.

    This is discovery sent to you by the plaintiff, correct?  You are planning to object to them, right?  Because if you answer them with anything other than an objection, that could be construed as participating in litigation, which could waive your arbitration rights.

    The best response to all of them is: OBJECTION.  Arbitration has been elected, and a jurisdictional motion is pending in this court.  The scope of discovery is to be determined by the arbitration forum.

    • Like 1