workingpoor

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Everything posted by workingpoor

  1. Is there a deadline for them to report the dispute to the CRA?
  2. Not sure if this is the proper thread to post this on but I couldn't think of one more appropriate. My wife and I are trying to buy a home in North Carolina. We found one, a foreclosure by HUD, and made an offer (lowball obviously). It was accepted and our realtor E-mailed us the contract. (we live in NJ). We signed it, and overnighted it back to him, who signed his parts and overnighted it to HUD. 3 days go by with no word from HUD except that it is being reviewed. Last night our realtor calls to inform us that the contract was rejected because he didn't initial the home inspection page. After reading my copy of the contract, I realized the home inspection page doesn't require his signature. Only ours and the selling realtor. I called him to tell him this and he said it was too late, the house is under contract with another buyer. The HUD office he has been dealing with is in Atlanta, we are in NJ and the home and our realtor are in NC. I have a bid acceptance in black and white that, in my opinion, is grounds to sue for breach. I just need to know where...
  3. I can't stress enough to talk to more lawyers. I went to three separate attorneys, all had me in a 13, until I found one that told me I'm a 7. DO NOT go with this guy until you talk to more. If you're going to be paying back 100% what do you need him for? Just another debt to incur. Isn't he supposed to be getting you out of debt??
  4. I would consult the lawyer, after all he's on your payroll until you're discharged. I'm not sure how the trustee is going to feel about the 10-15% you have laying around for the DP. Some would want that.
  5. It all depends on the judge now. You will have to file a motion to compel private contractual arbitration with the court and hope he allows it. He should, but there is no guarantee he will grant it. Make sure you word it that way because the courts have their own ARB forums and you don't want that...
  6. In NJ interrogatories, requests for admissions, production of documents are all considered the same line of questioning. So you only get 5. Decide what are the 5 most important things you need from them to help your case-or hurt theirs and if you're still in the 30 day window, resubmit them. If it was me, I would ask for the items 3, 4, 6, 13, 14 in LeagleEagles list...
  7. Or a contract can't be found at all and the Plaintiff knows it. UE as a COA is just weird to me. Never seen that before except as an AD. But that, along with what they provided, tells me they don't have much paperwork to help their case...
  8. Somewhere in all that it should have a reason such as breach or account stated or goods and services provided. Read it a few times. It'll eventually make some sense.
  9. What is the cause of action they are suing for? (breach of contract, account stated etc.)
  10. The way it worked with my attorney was a flat charge of $2300.00 (plus the FF) for a chapter 7, and a fee of $3400.00 for a chapter 13 with $1500.00 up front and the rest paid through the trustee distribution. We filed chapter 7. As far as not being eligible to file a 13, I don't know. I don't see why not, unless you're sitting on a pile of gold bullion. One thing I can guarantee is there is NO attorney in the solar system that will file a chapter 7 without getting every nickel up front. They have some serious trust issues...
  11. Do you have a copy of the cardholder agreement? The arbitration clause will be in there if there is one. Read it and see if it lists JAMS as a forum.
  12. It would help if we had some more info. Who is the Plaintiff? What is the alleged debt for? When is the last time you made a payment? What is the cause of action? (breach, acct. stated etc.) Help us help you...
  13. Read up on this. Good stuff... http://www.creditinfocenter.com/forums/arbitration/314030-strategy-steps-arbitration.html
  14. "(f) Actions Cognizable But Not Pending in Small Claims Section, Discovery. Any action filed in the Special Civil Part that is cognizable but not pending in the Small Claims Section may proceed with discovery, but each party is limited to serving interrogatories consisting of no more than five questions without parts. Such interrogatories shall be served and answered within the time limits set forth in R. 6:4-3(a). Additional interrogatories may be served and enlargements of time to answer may be granted only by court order on timely notice of motion for good cause shown."
  15. You don't send your discovery to the court, only the plaintiffs attorneys. How did you answer the summons? What is your defense? Are you denying the debt? Or just the amount? Which direction you want to go will help in preparing your discovery...
  16. JDBs, CAs, their attorneys and what's legal have nothing to do with one another. It all has to do with what they're counting on you not knowing. If they can twist that contract to work in their favor, they will, regardless of how it was originally intended. And if you expect them to do what's right and don't call them out on it, you're not going to win much...
  17. Exactly. It's over twice the amount of fees than a chapter 7. We went through 5 attorneys, all pushing 13's on us until we finally found one whose philosophy was "bankruptcy is supposed to be a fresh start, and chapter 13 isn't a fresh start". I thought your lawyer was supposed to have your best interest at heart? Those other 5 sure didn't...
  18. First things first: Did she receive a letter from the lawyers or an actual summons from the court? Big difference, but if it was an actual summons, you can send them immediately after the answer is filed with the court. You don't send a copy of the requests and 'rogs to the court, just the Plaintiffs attorneys. FYI, in NJ you only get to ask 5 questions (found that out the hard way) and when you answer any 'rogs from the Plaintiff, you only send that to the Plaintiff as well. Make sure you send everything CMRRR, and if it's convenient, I would file the answer at the courthouse personally. Get that stamped and handed right back to you (you'll need 3 copies altogether, one for the court, one for the Plaintiffs and one for your records). Be prepared for them to file a moition for summary judgment right after they receive your answer. It's just SOP, don't be intimidated. Come back here and we'll tell you how to file an objection. Here's a link to NJs rules of civil procedure. Read up and you'll be fine. Nudelman are boneheads and I doubt they would be able to tell the difference between a courtroom and the bridge of the U.S.S. New Jersey. One last thing, if this does go to a trial, you won't be able to speak on your parents behalf, only they can represent themselves or an attorney. RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY
  19. Dear consumer; We are in receipt of your letter and apologize for the inconvenience and mistake on our part. We are in agreement that you have used an invalid card. We have contacted the merchants and informed them of development and are taking the necessary steps to dismiss the action against you. You can, however, expect multiple actions against you from the merchants themselves for fraud. Thank you for bringing this to our attention...
  20. None of this really matters unless the OP can tell us exactly when he made the last payment and what the cause of action is. But FWIW, in NJ courts will enforce a choice of law provision contained in the parties’ contract. PorzioAppealLaw: Choice of Law Punitive Damages Choice Of Law: New Jersey Court Holds That Principal Place of Business Trumps Place of Injury