Credator

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Everything posted by Credator

  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 http://www.superiorcourt.maricopa.gov/docket/CivilCourtCases/
  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: http://www.verizon.com/ResidentialHelp/Generic/General/General+Topics/General+Questions/130383.htm?CMP=DMC-CVZ_ZZ_ZZ_Z_ZZ_N_X327 and includes a 30 day notice of dispute process: http://www.verizon.com/NROneRetail/NR/rdonlyres/90441AD2-595E-41E8-938E-BBBA785A19C7/0/VZ_Notice_of_Dispute_062512.pdf 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?
  15. As I understand the statistics they publish it doesn't appear to me that AAA "doesn't do consumer credit anymore". From AAA arbitration consumer statistics: Provider Organization Report I found the following for 2013-2014Q1. The majority appear to be debt related with a few employment disputes in the mix. 57 AMEX 11 Capital One Bank 121 Citibank, N.A. 86 Discover Bank 4 Midland Funding, LLC Of the 81 total AAA consumer claims filed in Q1 of 2014... 2 Citibank, N.A. 2 Discover Bank 2 Capital One Bank (USA), N.A. 6 AMEX Even if, as appears to be the case, the AAA is handling debt disputes (p
  16. Do it yourself is available online. Go to the AZ CoA search through the 60 opinions 60 or the 323 memorandum decisions for Div 1 in 2013. Search filter ON - 60 records found Decision Type: OPINION Date Range: 1/1/2013 to 12/31/2013 Court: Court of Appeals, Div 1 Case Type: CV - Civil Search filter ON - 323 records found Decision Type: MEMORANDUM Date Range: 1/1/2013 to 12/31/2013 Court: Court of Appeals, Div 1 Case Type: CV - Civil When the case states Counsel for Plaintiff/Appellant & Counsel for Defendant/Appellee or similar there is not a self-represented party.
  17. If arbitration is determined to be the best route to resolution, Linda7 discusses the Chase 2004 and 2005 agreements in this thread: http://www.creditinfocenter.com/community/topic/311471-chase-bankone-cardholder-agreement-2005/#entry1140250 I founds 5 entries for Midland in the AAA statistics Provider Organization Report. The resolution of the 5 arbitration cases with Midland as I read it: 3 settled, 1 withdrawn, and 1 awarded $15k to the non-consumer. AAA Rules/Procedures are here: https://www.adr.org/aaa/faces/rules JAMS Rules/Procedures are here: http://www.jamsadr.com/rules-clauses
  18. Not scary to me if brought in AZ superior court. I find small claims court a bit unnerving. I would much rather appear before an AZ court 3 levels above small claims. The AZ CoA knows the law, makes the law, and follows the law. Assuming that the rules of evidence apply in RI small claims and assuming I don't have to pay to be able to read them: http://legalsolutions.thomsonreuters.com/law-products/Court-Rules/Rhode-Island-Rules-of-Court---State-and-Federal-2014-ed-Vols-I--II-Rhode-Island-Court-Rules/p/100259800 (perhaps I can review them at my local courthouse or nearby law library) I wou
  19. It seems typical for the motion to confirm an award to be filed after the 90 day deadline for a motion to vacate the award has passed. Some statistics on vacating arbitration awards: http://meetings.abanet.org/webupload/commupload/DR011000/relatedresources/DRMag-VacaturArticle.pdf Looks like about 1 in 5 are vacated. Best grounds appear to be an arbitrator exceeding their authority.
  20. That is also my impression from my limited experience with such. Having previously read section 5150 of the California Welfare and Institutions Code and its "extended stay" relatives, but not knowing anything about Mississippi laws, I would guess my main leverage is likely to be any hospital/providers billing overcharges or errors. The same disputable issues I would probably find on a "normal" medical bill. Billing-wise I would want to make sure they followed the MH statutes and/or laws to the letter. I would consider this the low hanging fruit to be exploited. When/if a collector starts v
  21. Despite being allowed I would not think it wise to use verbatim templates for DV letters for the same reason it is not a good idea to use verbatim templates for pleadings or motion practice filings. A DV letter is a communication IMO. I would ask myself what am I trying to communicate before drafting one. All my DV letters have been focused and unique (after the first one anyway). I don't restrict myself to what the fed/state statutes or law require for a collector's response to a DV letter. If I want to know why they are not licensed, as required by my state, I'll ask the collector. There
  22. Sure, OP = Original Poster and FAIK = For All I Know. A couple I also use are AFAIK = As Far As I Know and IDK = I Don't Know. Some acronyms specific to the forum subject matter can be found here: http://www.creditinfocenter.com/community/topic/247970-commonly-used-abbreviations/
  23. 1.) I have had an OC violate a plain and simple agreement to their benefit. I would not trust a JDB to honor any agreement. I don't know of a situation where I would agree to a payment schedule with a JDB like PRA or their peers. A lump sum settlement with one may be necessary but I would get that in writing and proceed with caution. Collectability on one account would seem likely to cause the JDB to believe they should be able to collect on the others. Perhaps by merely threatening a lawsuit. 2.) Nope. In my experience, if they are going to sue, they are going to sue. That is what DC atto
  24. While they may not be provided for they do happen: http://scholar.google.com/scholar?q=sur-reply&btnG=&hl=en&as_sdt=4%2C3 None of the cases on scholar were citable case law. I would probably ask leave of the court if I wanted to file a sur-reply and explain my good reason for wanting to file such in my motion for leave. If considering a sur-reply I would probably want to review the appellate decisions to see how the court typically (if the few decisions I found can provide some guidance) treats a sur-reply.