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Credator last won the day on March 3 2014

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About Credator

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    Reality is an Illusion

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    Litigating in AZ

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  1. ** Update to Howell ** IT IS ORDERED dismissing this case without prejudice for lack of prosecution. Party Name Relationship Sex Attorney Midland Funding L L C Plaintiff Patricio Esquivel Lisa Howell Defendant Female Pro Per Filing Date Description Docket Date Filing Party 1/9/2015 042 - ME: Case Dismissed - Full 1/9/2015
  2. @nobk4me I like the 4 digit check (not including the decimal point ) that I cashed by using arbitration as leverage. As I believe I have previously made clear, arbitration can be a good tool, in the right circumstances. No evidence exists that my realistic view of arbitration based on actual experiences and significant review of the case law surrounding arbitration somehow supports the contention that I "don't like arb". As a tool used by a competent and knowledgeable party and in the right circumstance it can be "likable". Finding a case cite other than the NAF one might be helpful, if
  3. From my posting I welcome rebuttal based on facts or experience. Unfortunately, our experiences are typically going to be very limited. Even if we had 9 trips to arbitration it "feels" like that the landscape has changed a lot in 5 years so the older experiences may not be as useful in predicting the current state of consumer collection dispute arbitration. I am not tasked with defending or crushing the viability of consumer contractual arbitration. I do not have a dog in the fight. It may be the right tool for the right circumstances. When someone suggests the arbitration tool can do a cert
  4. Thanks for the feedback. I'll try to work on that. Perhaps my post at #14 is more readable. Best of luck.
  5. The arbitrator has broad latitude to do as they please in "interpreting" the law. They have broad latitude in "interpreting" the contract. I have no reason to believe that latitude would routinely favor an alleged debtor in arbitration. Of course if I found myself in arbitration I would argue my understanding of the applicable law, contract interpretation, applicable SOL, etc. very vigorously. I don't believe that the plaintiff is fighting having an arbitrator enforce their self-drafted agreement over the law. The determination of the arbitrator on choice of law is not guaranteed. It could g
  6. My #16 post presented numbers and facts about MI courts that will appear to remain unchallenged. They appear to be reliable facts to me but others are free to take issue and introduce their contradictory facts. I did take 43 word out of my 542 word post to simply state what should be fairly obvious to anyone that happened to be famiiar with both AZ and MI courts. "The MI Circuit Court seem more on par with the jurisdiction of an AZ Superior Court. In my experience the AZ Superior Court judges do not "adhere to all the rules". If they did my litigation wins would be much quicker and easier."
  7. @Clydesmom http://www.jameseduc...ions-checklist/ 9. Counsel is testifying. “OBJECTION: Your Honor, counsel is trying to testify himself, instead of having the witness do it.” DISCUSSION: The objection that “Counsel is testifying” is heard so often, that we include it in this list of “the basic two dozen.” However, the objection usually could just as well be phrased as “leading” or “argumentative” or “assumes facts not in evidence.” The objection is to parts of the question which contain facts or opinions not in evidence. The MI District Court has limited jurisdiction compared to the Circ
  8. I have not seen much of an indication of "pro-creditor" rules of evidence in "many states". I would be interested in the specifics for MI of the "pro-creditor" rules of evidence. Regardless, it is critical to be an expert on one's rules of evidence and even more important to know how the law interprets them. It is critical to know ones civil rules of procedure very well. It is critical to comply with deadlines and force one's opponent to comply with their deadlines. I would want to make sure there is a proper record of the MSD hearing and the trial to permit a successful appeal to reverse
  9. I have not experienced anything "great" about private contractual arbitration. The application of case law or contract terms in arbitration being more predictable, reliable, and reversible in arbitration than in court is also outside of my experience.. There are multiple AZ Court of Appeal reversals on CC summary judgments granted to OCs in the last year or two. See #22. I am unable to find any vacated arbitration awards for OC or JDB debt collection disputes in the AZ CoA. Perhaps those grants of vacatur of an arbitration award just never get appealed from the trial court in AZ. IDK H
  10. The court would be the one imposing the sanctions. I usually have my hands full without pursuing sanctions for the lying and other bad behavior by DC attorneys. Having not filed similar, I believe the process usually involves something like a motion for an order to show cause why sanctions should not be brought. The opposing party gets a chance to explain their behavior, likely remedy the issue, and possibly avoid sanctions. Anyone that has pursued and received sanctions against an opposing party could probably better explain the procedure. At least in their jurisdiction. If appropriate
  11. I would check the terms of my Verizon agreement. It may allow for arbitration or small claims. This one appears to permit AAA, BBB arbitration or small claims: and includes a 30 day notice of dispute process: Taking an action such as noticing Verizon of arbitration, should it be available in the applicable agreement, *may* light a fire under the
  12. Avast has been working well for me. Nice tip on the XP patches update hack. Will have to check that out when I get in front of my XP units.
  13. A consumer winning a favorable arbitration award on a debt collection defense is highly unlikely. Arbitration is mainly a *potentially* cost prohibitive tool to cause the collector to abandon or favorably settle. I am not sure why there would be a "push on most credit sites is to MTC A with issues like this". If I recall correctly the OP's alleged debt is around 10k. Not what most would call a small alleged debt (small debts in high cost arb forums can create significant leverage for the alleged debtor in a collection dispute). JAMS arbitration consumer statistics: JAMS Disclosures for Con
  14. In a non-judicial foreclosure state, I have a note for my home loan with one spouse's signature on it and two spouses on the security/deed of trust. This occurred because it was what I wanted, I asked for it, and if the loan was denied I would have rented, paid cash, or financed outside of traditional banking. One-signature-notes may be much more likely to occur in states that bar deficiency when a home that was repossessed under foreclosure has a shortfall to pay off the loan due to more loan than value. It has happened in the past does it today? IDK Does it happen in deficiency states?