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chuckygee

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Everything posted by chuckygee

  1. Personal Guarantee is the term you are looking for. That way you can use your good credit to get credit for the business. The huge drawback is if the business folds, you are personally liable for repayment of all money that you Personally Guaranteed.
  2. In Ohio, there is some protection, but the funds will be seized first, and then you have to go to the court garnishment hearing and argue why some of the money should be given back. You then have to prove by evidence what funds are exempt and for what reason.
  3. I agree with Whocares, the book of Judges was written about the establishment of Judges. Moses was the only one hearing all the complaints of the people. God instructed him to assign judges to hear the conflicts of the people and to resolve them. Tell her she has done her Christian duty by forgiving the surgeon, now it is her Christian duty to protect the resources that God has placed in her charge. Have her read the parable of the talents in the new testament. Christians have a responsibility to care for what God has given us charge over, including money.
  4. Here is another "win" posted by someone else. http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=302081
  5. Thanks Skippy. I am one that has a "win", as previously defined, by the board administrator. Here is a link to the entire thread: http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=301838 So I am confused now as to why all of a sudden, this is not considered a "win", and I am not allowed to share my personal experience that this works?!?!
  6. JAMS Arbitration does have discovery rules: see number 13 for streamlined rules http://www.jamsadr.com/rules-streamlined-arbitration/ If you use comprehensive JAMS rules there is discovery and appeals: see number 17 and 34 http://www.jamsadr.com/rules-comprehensive-arbitration/ I am not guessing I am linking to the rules for all to read for themselves. Here is the discovery rules for AAA: see Principle 13 http://www.adr.org/sp.asp?id=22019 I am only posting this to push beyond the misinformation being posted here. Again these are not my opinions but links directly to the Arbitration forums.
  7. WHERE ARE YOU GETTING THIS?!?! NO ONE SAID THIS IS IN COURT?!?!?!
  8. Consult a NACA attorney or a good consumer attorney that handles FCRA or FDCPA cases. If you have a good case and a good attorney, it won't cost you a thing out of pocket to due them.
  9. Thanks rebel. Let's keep the accurate factual information flowing.
  10. If you are referring to the sticky "Once you're in court, DV'ing is useless (Really!)", this current thread did not mention that any suit has been filed. If I am reading the wrong sticky, please advise.
  11. Discovery is available in arbitration. Here is a link to JAMS rules, read rule 13. http://www.jamsadr.com/rules-streamlined-arbitration/ This is if you only have streamlined rules, comprehensive gives you even more. I like you only want to see that everyone is receiving accurate information.
  12. One simple question, non argumentative. Why are DV letters pointless when dealing with court? They are evidence in account stated cases showing you did not agree to the stated amount. And they are evidence is FDCPA cases showing that you exercised your legal protections.
  13. Sorry Linda, we will need to continue on the other forum.
  14. The arbitration forum determines the rules for consumer arbitration. If the contract does not meet their minimum standards, the forums rules override the contract. Since this is a private forum, it is based on a contract between the companies and the forums. THEIR contract with the forum says, the forums rules overrides the contract language. JAMS consumer rules: http://www.jamsadr.com/rules-consumer-minimum-standards/ Number 7 for fees. AAA consumer cost: http://www.adr.org/sp.asp?id=22039 Don't guess read them. The are both very clear about who pays what.
  15. Hey Linda, it's me again. You are WAY overanalyzing this. Let's break it down anyway. We'll start with the second one: "if this proves to be my debt, I elect arbitration" - This will not preserve any arbitration rights. The court case is the "proof" = proves that the debt is yours. They are not required to prove the debt before filing a lawsuit, so again this will not protect your arbitration rights. Let's look at the first one: f there is an arbitration clause in the cardmember agreement, I elect arbitration to resolve all disputes between you and me. - This is the cleanest way short of filing the arbitration claim preemptively. If you notice the pattern of anyone who has tried to use arbitration against the CC or CA, NONE of them have agreed willingly to go along. They fight every step of the way. (My personal experience also) So be electing there is still room later to waive the right to arbitration if you decide it is not for you. (I am sure the CC or CA will be glad to allow you to waive your right to private arbitration) So including the line - f there is an arbitration clause in the cardmember agreement, I elect arbitration to resolve all disputes between you and me , you are making yourself a harder target with the option to later waive your right to elect. Here is the final most important part of why it doesn't matter that you elect now, or waive later. If you withdraw your demand, the forums, JAMS and AAA will not accept the CC initiation without your acceptance to arbitrate because of the debacle with NAF. If you send a letter rescinding your election to arbitrate if you change your mind, neither of the forums are likely to allow them to file against you.
  16. Yes, NAF is alive and well. They just won't accept credit card disputes as a settlement condition. They did not admit to any guilt.
  17. Always include them all. I had a CA use SOL as an affirmative defense to an FDCPA violation that happened less than three months before I filed. Look at the work of the professionals as a guide. As far as your filing, file an amended answer.
  18. Yes, the statutory max is $1,000.00 like USC said per cause of action 1 to 100, but you can also sue for actual damages. Emotional damage, invasion of privacy, or others, but mind you these are tough to prove. And the $1,000 is the max. So if a judge or jury decides that the violation is worth $5.00, then that is your judgement. The FDCPA does call for any attorney fees to be paid if you are the prevailing party. So get an attorney to assist with the counter claim. They almost always get more money than you on FDCPA, but it puts the pressure on the CA to settle, because the longer they fight and lose, the more it cost them. Edit: Forgot the second part. The FCPA would be one lawsuit, but each time is actionable in the same suit, so you could ask for damages for each one.
  19. Got it. If they write an Order saying you need to initiate, do not sign off on it. Send it back and tell them it needs to conform to the judges statement, "well I don't see how I can force her to initiate it..." Great job reading up on the procedures and learning the rules of the game.
  20. Have all those itemized out by date for easy reference. Since the hearing is Monday ( I assume this is a verbal hearing in person), bring these with you to present in court. I would even write out an Addendum to Motion to Compel and counter-argue their points. Including the fact you have tried to move to arbitration all along. If the court will accept the "Addendum" in court, submit it. If they will not accept it in court, argue it orally. Either way, find out if there is an official record being recorded of the hearing. If not, ask for one.
  21. The clerk may be confused about the plaintiff drafting an order. The order was created and signed by the judge based on your hearing. You presented the order to the court. A lot of Pro Se's do not bring an order, so the judge asks the attorney to draft the order. If Cap1 wants you to initiate, they would need to draft a motion to compel you to initiate. You would then be able to object to that motion. There should not be any orders submitted without a motion. You "moved" the court with your Motion to Compel, they would need to "move" the court to force you to initiate. The judge already said he would not force you to initiate, so they could not just present an order that says so. I would wait and let Cap1 make the next move. The case is stayed so wait it out. Check your local rules for lack of prosecution, and wait that amount of time to file for dismissal.
  22. That's a tough spot Giver. Right now, they have the leverage of the court case looming. The only way you will avoid a consent judgement will be to push back and fight the lawsuit. There are options to fight some of which by board rules, I am not allowed to discuss here, but there is a section that speaks about called "Arbitration". Since the court case is open, I doubt they will dismiss the case without a judgement of some type unless you are able to make a lump payment. Then the settlement stipulation would be appropriate. Or if you can poke holes in the evidence that they have and put up a fight, you may be able to negotiate a settlement. Good luck and keep us informed and keep asking questions.
  23. You've done all the hard work already. I don't know why they use FedEx, but that seems to be the method. It is just a letter asking you to contact them. You don't HAVE to call them, but I would recommend it. This will be a different experience than with the collectors. You are in a better negotiating position then you were ever in with the collectors pre-suit. You can offer whatever you want. But remember it is a negotiation. Usually a negotiation starts from two points and then moves to the middle. If you want $0, have some state or FDCPA violations ready to discuss when you call. Tell them you plan to pursue those in arbitration for however much they are worth, $1,000 for FDCPA, and $3,000 for state violations for example. If you are going that route, have the violations listed and in hand and the law that allows you to collect on them. You do not have to prove the case on the phone, just have a reasonable claim to present. Great Job! Good Luck! And keep us posted. (for as long as you can :rolleyes:"
  24. Sounds like FDCPA violations. Only one case is appropriate. You are limited in recovery under FDCPA. Now if the calls were to your cell phone, you may have TCPA violations which have a per occurrence penalty.
  25. Expect a FedEx letter from Cap1 counsel with an invitation to contact them to reach an "amiable settlement". Stick to your guns. This will be a new counsel or firm. Tell them that 40% is off the table that offer was already rejected. Once you reach a settlement, make sure EVERYTHING that you have agreed to is in the document they will send you. If it is not to your agreement or liking, have them make the changes. Once this is done, expect not to be able to talk about the details. Those darn Non-Disclosure Agreements.
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