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About PeteyHall

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  1. I guess, if it ever gets that far, that I would be concerned that the judgment would outlive the BK and that they could hold the judgment over my head even after the BK was discharged.
  2. So looking way down the road, but if you get a judgment against you but you appeal the judgment, but then decide to file BK while the appeal is in process, does the judgment get on your record or is it wiped off your record since you were in the middle of an appeal when you filed BK?
  3. Nascar, it's not a matter of impeaching the individual, it's more about me proving a point, through this example (and a number of others), that the OC, who supposedly filled out the Admissions, is not representing the facts correctly and is trying to be deceptive to the court. So it's more about using this piece of evidence as another 'see judge, and here's another case where they were trying to be deceptive' since I'm going after them for a number of consumer violations (which in my state I can).
  4. So living in MA, I have a court case coming up this week but have a question. If an attorney/OC, when responding to my request for Admissions, DENIES something that they affirm in multiple other documents (and is clearly obvious, like saying does the sun rise in the east and they admit 'no'), can it be admitted to show they're trying to be deceptive and/or 'not representing the facts correctly'? I know in some states that you can't admit that (which boggles my mind) but does anyone know if I can use it against them in MA? I tried to look it up in Google Scholar as well as the Massachusetts R
  5. Here's the scenario: I had a JDB contact me with an initial letter over an old 'debt about 6 months ago'. I immediately fired off a C&D as well as a debt val letter to them - never received anything from them or ever heard back from them. Now fast forward 6 months later and I get a letter from CACH saying that they've taken ownership of the debt (I confirmed this through my CR) and are looking for money. The question I have is that if I requested validation and issues a C&D on the same debt from a previous JDB, is CACH violating FDCPA now or do I have to start it all over with them
  6. I just had my MSJ (as defendant) denied using grounds for lack of standing. Even though the plaintiff had no signed contract, no signed affidavit, statements with the wrong name/addresss on them, the judge threw out my MSJ on the grounds that he would let the Plaintiff get more time, even though Discovery was over, to provide 'more substantial evidence'.... So even though you may have great points for proving lack of standing, don't think the judge will just side with you on them...
  7. So it's been a while and I wanted to provide an update: To summarize where we last left off, I had filed a MSJ against OC for lack of standing (they basically sent me a bunch of statements, some with my name and the wrong address on them but no affidavits). In response, the plaintiff submitted an opposition to my MSJ and requested an MSJ against me. As part of their MSJ request, they put in an affidavit not signed by anyone and not even with anyone's name on it which was a worthless piece of paper to substantiate their claim. I filed my opposition to their msj and requested their affidavit
  8. Nope, they have none of that language in there (AMEX). There's no definition of time or of event in which my right for arbitration is waived.
  9. From the entire Arbitration agreement, here are the most pertinent (I believe) sections related to the election of arbitration. Any claim shall be resolved, upon the election by you or us, by arbitration pursuant to thisArbitration provision and the code of procedures of the arbitration organization to which the claim is referred in effect at the time the claim is filed (code), except to the extent the code conflicts with this Agreement. Claims shall be referred to either JAMS or the American Arbitration This Arbitration provision is made pursuant to transactions involving interstate commerce
  10. I've looked everywhere I can think of, but in Massachusetts, is there a definitive date/event in which a Defendant (assuming a Complaint has already been lodged against them in court) can no longer elect arbitration? I've seen a bunch of case law that says it's up to the judge to determine 'when', but is there anything concrete? Thanks
  11. So I filed my MSJ the other day and gave the Plaintiff's attorney the minimum amount of time to get prepared for the case. Can't wait to see their faces in court when I start hammering all of their hearsay evidence. And if they ask for a Continuance, I'll object on the grounds that they've had over a year to collect it and what's another 10-30 days going to do??? Wish me luck
  12. OK, thanks for the advice. I'll let everyone know how it works out.
  13. I've been working on the MSJ for a while and here's what I've come up with. Any feedback/comments/suggestions would be greatly welcomed. Comes now the Defendant xxx, Pro Se, for the legal basis of Defendant’s Motion for Summary Judgment, states that Plaintiff, after an adequate period of Discovery, has not been able to produce, and will not be able to produce, evidence sufficient to allow the trier of fact to find that Defendant is indebted to the Plaintiff. 1. Defendant received the Plaintiff's Complaint on or about xxx. Defendant answered the complaint on or about xxx. 2. Defendant sent Req
  14. Thanks everyone! Well based on the court info that Patz provided, if I do 'lose' this case, it looks like I have a great shot in the appeal I'll work on writing up the MSJ over the next couple of days for people to review and hopefully be able to use as a model for themselves in the future.