marl4

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About marl4

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    ANYWHERE U WANT ME TO BE!!!!
  1. It depends when you allegedly defaulted, or when you made you last payment.
  2. I WON!!!!!! Summary of court Min.: Parties appear, Defendants Motion for Extention of Time Granted! Plaintiff's have 45 days to comply with JAMS! Plaintiff's Motion to dismiss Counter Claim, Stayed pending ARB! I got EVERTHING I ASKED FOR GRANTED !!!!! They are going to send me the official order, I have to sign it and return in 15 days! This board is the BEST, Thanks all for your help and suggestions! I do believe that every thing that I asked for went my way because I paid the $250 fee in advance to proceed in JAMS!
  3. I WON!!!!!! Summary of court Min.: Parties appear, Defendants Motion for Extention of Time Granted! Plaintiff's have 45 days to comply with JAMS! Plaintiff's Motion to dismiss Counter Claim, Stayed pending ARB! I got EVERTHING I ASKED FOR GRANTED !!!!! They are going to send me the official order, I have to sign it and return in 15 days! This board is the BEST, Thanks all for your help and suggestions! I do believe that every thing that I asked for went my way because I paid the $250 fee in advance to proceed in JAMS!
  4. OK I countered for fdcpa against attorney & his collector law firm, and something else against OC. I don't have the file in front of me so I do not want to misquote my self!
  5. If I added counter claims to their suit and the attorney does not respond in 20days, what should I do? It's in court! Judge told me to respond to the CB $25,000 arbitration exemption, to get it out of court. So I counter claimed against the attorney & CB double the amount. I haven't heard anything back from the attorney or CB yet, but they still have a few day left! How do I enter a default judgement against them? No word from the Attorney yet on my counter claims! OK, so are weekends & holidays included in the 20 days to respond rule? I filed on the 27th of December & attorney received the copy on the 28th of December. When will his time be up? : )
  6. Humm......... I just looked at the Dunning letter from Hanna that I received and it is unsigned also! What can I do about that, since he has transfered the alleged debt to a local attorney who has now sued me?
  7. I have an alleged debt from Hanna, that has never been validated, and forwarded before the 30 days were up to a local attorney that has sued me in court. I told the new attorney by certified letter that the debt was still disputed with Hanna, and I had added a clause in the letter to Hanna, that if the alleged debt was transfered or sold after this day (date the letter was written) that the alleged debt was still disputed until proven so by Hanna! My case is still in court with this local attorney!
  8. Thanks skippy, I filed a response to my MTC from the plaintiff, and I think I should have titled it something else, I do not even think the Judge looked at it. : (
  9. Went to court and I was given 10 days to respond to $25,000.00 CB min. before arbitration can be initiated. I have filed a claim in JAMS for an amount exceeding that $25,000.00 limit for FDCPA & emotional distress etc., but the Judge said I can not use that because it is not before the court. I guess I need to file a cross complaint to get it out of the $25 thousand limit, because filing with JAMS did not get it done. If the cross complaint works then I have to pay the fee on JAMS to get it out of court! Do I need to amend my answers and add a cross complaint to get this out of court? If so how do I do that? I did find an example of some cross complaints: http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=252142&highlight=counterclaims&page=3 I'm not sure if some will work for my case or not! I'm kinda upset right now because this should not be an issue right now. Any info on how to get the cross complaint going would be helpfull. Thanks all!
  10. Well I turned in my paper work. Response to plaintiff response to defendants motion to compel or dismiss with prejudice. I also added an affidavit, but forgot to put my case number on it so I had to add it to the MTC as a set in order to get it stamped by the court house. I hope the affidavit still has some weight since it may not get read! Wish me luck, I will post back the win or lose results! Thank's all that helped, : )
  11. What do I need to put on the credit card agreemnet affidavit paper work? Thanks! : )
  12. I do agree that the attorney, (who is from a known debt collector firm) if he even has a copy of the contract, does go on making a big deal about the small claims exception. This case is not even in small claims court, I just do not know what more I can add to that part to out weigh his rambling bull, through out the whole response! Maybe someone else will post something that could be helpful. Trueq posted this from the other board: Make a BIG deal about them claiming to have only part of the arbitration clause. I'd wonder, out loud, in my reply brief..."This begs the question, does Mr. certified legal professional even have a copy of the contract he alleges to be in breach? Did he detemine it was reasonably even in breach before signing the complaint? His allegation in his response brief to the MTC arbitration that he does not have a full copy of the arbitration clause raises serious issues about the validity of his suit in the first place. Ethical issues aside, opposing counsels admission of not even having a copy of the contract alleged to be in breach deserves dismissal as a minimal sanction." I'd go for the stomp, while Mr. certified Professional is advertising his Robo-signing complaint ways in the response brief. But I'm aggressive. I'm not trueq and I just do not know how to word this, I'm not as aggressive as he is and think I might get "whoomp" by the judge if I say it like Trueq does. How can I say what Trueq said in a tackful way? Thanks RebelLady & Skippy1960 for your help so far! : )
  13. @RebelLady I did included Chase, and the attorney who has multiple violations @Skippy1960 2.) The Defendant initiated with The Judicial Arbitration and Mediation services (JAMS) on November 8th., 2010 and seeks relief in the amount of $XX,000.00 for damages under the FDCPA which also excees the small claims exception. I will remove the text in bold, and check my typo, I did an OCR of the text, so it may not be wrong on the hard copy. Does everything else sound Ok? Thank's to all that posted!
  14. I am replying to the response from the plaintiff, but so far what I have seem's kinda long. I have also attached exhibit A, the full contract and exhibit B, the JAMS filing certified mail green card along with the JAMS demand form. This is what I came up with so far, let me know if I'm going in the right direction or not or if anything does not seem right. Thanks : ) DEFENDANT’S RESPONSE TO PLAINTIFF’S RESPONSE MOTION TO COMPEL ARBITRATION/DISMISS WITH PREJUDICE or STAY CASE PENDING ARBITRATION Comes now, Defendant, “me”, and hereby responds to the Motion to Compel Arbitration and Dismiss with Prejudice response by (”Plaintiff”) Chase Bank USA, N.A., as follows: 1. Defendant agrees with Plaintiff and seeks relief in the form of Dismissal with Prejudice or Staying the present action through binding private contract arbitration based on the Credit Card Agreement. 2. The binding private arbitration agreement is subject to as noted in the credit card agreement as follows: 1.) Binding Arbitration: This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by and be enforceable under the Federal Arbitration Act (the “RAA”), 9 u.s.c. 1-16 as it may be amended. This Arbitration Agreement sets forth the circumstances and procedures under which claims (as defined below) may be resolved by arbitration instead of being litigated in court. The Revised Uniform Arbitration Act (the “RUAA”), became effective in the state of Oklahoma as of Jan. 1, 2006. The Plaintiff mentions “jurisdiction of Oklahoma Courts are constructed pursuant to the Oklahoma Arbitration Act, rather than the Federal Arbitration”. Furthermore the Federal Arbitration Act is concurrently enforceable in both the state and federal courts, depending upon the existence of subject-matter jurisdiction. That is, if the arbitration agreement “involves” interstate commerce but the federal court lacks subject matter jurisdiction any dispute regarding the agreement must go forward in the state courts. The state court must apply the Federal Arbitration Act if there is interstate commerce unless the parties have specifically adopted the RUAA or have otherwise agreed to be bound by Oklahoma law. Agreeing generally to be bound by “Oklahoma law” will incorporate the RUAA. Thus, in the absence of interstate commerce, or in the face of the parties’ agreement (e.g., “this agreement is governed by Oklahoma law . . .”) the court applies state law — in Oklahoma, the RUAA., The Federal Arbitration Act, however, will preempt state law where state statutes place arbitration agreement on a different footing than other contracts; that is, where arbitration agreements “involving commerce” are burdened by requirements different from those of other contracts. This is particularly so where state law serves to limit the arbitral remedy despite the parties’. . The Federal Arbitration Act ("FAA"), 9 USC, Section 1-2, provides. 4a. "A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such a contract or transaction, or the refusal to perform the whole or any part thereof, or an agreement in writing to submit to arbitration an existing controversy arising out of such a contract, transaction, or refusal, shall be valid, irrevocable and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract." 3. In addition, in regards to the Plaintiffs mention to the “Claims Covered” section of the credit card agreement. The credit card agreement on page 2, makes mention of arbitrating any claims or dispute, except that claims may be litigated subject to this small claims exception “ a claim may be resolved by litigation and is not subject to arbitration under this Arbitration Agreement if (1) the only remedy that will be sought by either of the parties is monetary damages: (2) neither party will seek a recovery in excess of $25,000, excluding interest, cost and fees, and (3) the only parties to the litigation will be you and us. If one party wants a Claim to be resolved by arbitration, but the other party believes the Claim may be litigated subject to this small claims exception, the party seeking arbitration may require reasonable assurance from the other party that the condition are true and that the party wishing to resolve the Claim by litigation will take no action now or in the future to change the nature of the Claim so that it would no longer meet the conditions of this small claims exception. If such reasonable assurance is not provided, the party seeking such assurance may require the Claim to be resolved by arbitration. 1.) The Plaintiff filed and seeks relief exceeding the amount allowable in small claims court, and this matter is before civil court therefore this exception does not apply. 2.) The Defendant initiated with The Judicial Arbitration and Mediation services (JAMS) on November 8th., 2010 and seeks relief in the amount of $XX,000.00 for damages under the FDCPA which also excees the small claims exception. 4. In regards to Plaintiffs suggestion that the Defendant only has a partial Credit Card Agreement. 1. Defendant does have a complete credit card agreement, see attached Exhibit A The credit card agreement does list three arbitration administrators, AAA, JAMS and NAF. During the Defendants research of all three arbitration administrators, the Defendant was informed that the third administrator was no longer in the arbitration business for consumers. 2. Defendant sent demand before Arbitration before JAMS, on November 13th., 2010, see attached Exhibit B, JAMS will notify all parties. Listed as respondents are as follows: That's what I have so far, but it seems to long, I'm still working on another page. Please let me know what you guy's think! Thanks