jg2933

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About jg2933

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  1. My husband's case with Midland was finally dismissed after almost a year of back and forth with them in court. He argued lack of standing because Bill of Sale and Affidavit of Sale didn't include his specific account. Finally, the clerk asked Midland lawyer if he was ready to proceed (I'm assuming to trial) and the lawyer conceded and the case was dismissed. I swear the clerk was trying to suppress a smile that the "little guy" won. She pretty much rolled her eyes when the lawyer said something about being able to sue again.
  2. Discover dismissed the case, with prejudice! Basically they got a $2500 retainer bill and folded.
  3. I basically said they never served me (so that was a violation), they tried to scare me that I would be responsible for JAMS fees (don't remember exactly, but it was also a violation of some law), failed to provide me with documentation after I repeatedly requested it.
  4. I have no idea what evidence they even had because I wasn't provided with any paperwork whatsoever even when I repeatedly asked for it. Whatever the reason they dismissed, I'm just happy it's done with.
  5. If anyone remembers my case, I was sued by Discover, the OC. I filed MOD and Compel Arbitration (which got denied!), but before it was denied, Discover paid the JAMS arbitration fee. I called their bluff and paid mine. Now they received $2500 retainer bill (they are suing me for just under that amount) and I had a court date today. I planned to show up with my commencement letter and ask the judge to get the case postponed pending arbitration results. Well, the lawyer for Discover told the clerk that if I drop my charges against Discover and his law firm (I had a few when I filed my Official Complaint at JAMS), then Discover will just walk away. He wrote up a document that they are dropping the case with prejudice if I drop my case against them. Yay!!! I'm so relieved! Now I my husband just has to win his case against Midland.....
  6. It's odd, because the judge ruled after Discover paid the initiation fee, but I don't think the judge would have known they paid...clearly they thought that motion would be granted, especially unopposed. I have my commencement letter from JAMS. We are up to the point where I submitted my formal complaint, chose the arbitrator (I got the one I picked, don't know if the other side even bothered with the strike list). A week ago JAMS sent the bill of initial arbitrator fees to plaintiff to the tune of $2500. They are suing me for the same amount. I'm not sure what will happen at this point, if they will go through with it (I'd be surprised, but then again, my motion was denied so who knows). What happens if Discover lets the arbitration lapse for non-payment? Can they re-sue me later? Thanks all
  7. To make the long story short, I was sued by some attorneys on behalf of Discover (or so they say). I asked for paperwork when I first heard from them and they sued me instead. Never provided any proof of debt, statements, nothing. Went in to meet with them and the clerk and told them I would be filing MOD and compel arbitration, which is what I did. The attorney said he wasn't going to argue it and didn't even stay. My motion got passed along to the judge and I left to await the decision. In the meantime, I filed with JAMS (actually filed as part of MOD process, to provide them with proof of filing). The attorneys for Discover paid their retainer of $500 and I paid mine of $250. I think they thought my motion would be granted and wanted to scare me into not paying my share of the fee. Well, motion got denied! No idea why, it seemed like a no-brainer. In the mean time, the next court date is next week. I know that technically I can argue to get the case out of the court, since we are already in arbitration and since the plaintiff paid their initiation fee, that pretty much indicates an agreement to arbitrate. Do I need to bring anything aside from the arbitration agreement? What should my plan be? Can plaintiff say that since my motion got denied they don't have to arbitrate anymore and can just revert back to court? In the mean time, I'm yet to see a single piece of paper in reference to this debt from Discover.
  8. Stormie, can you believe he has to go back in May??? He went before the judge with the lawyer for Midland. Apparently the lawyer thought she was waiting for my husband to respond to their request for police report (they thought my husband would claim identity fraud). My husband repeatedly said he's not pursuing that and he told the judge he was ready to proceed and argue his case, but the lawyer for Midland said she wasn't ready! So judge said to come back in May. My husband said that he's going to argue standing and the identity fraud issue would be totally irrelevant, but I guess that didn't work. In the mean time, he's been to this court 4 times already! It will be 9 months in May since this thing started. This is ridiculous and I don't understand what Midland lawyers are playing at trying to drag this out? Do they think we will back down? In the mean time, I may be able to get time to do a pre-trial brief now....just need to research it more.
  9. Thank you guys for your words of encouragement. I didn't realize there were so many responses because I only got email notification for the first one. My husband will have to go to the court alone and face these guys. I did all the research and prepped him. I gave him our list of arguments with relevant cases to support them and all relevant parts quoted. I am hoping that he will prevail against these people. So there's a chance they will introduce new documents at that point? Is this really allowed if we had no time to review them? Should the argument in that case be that the business documents have to be properly authenticated? Thanks
  10. My husband is being sued by JDB who provided him with a bunch of credit card statements, a bill of sale, and an affidavit of sale. Neither the bill nor the affidavit mention his account or him by name. So our strategy is to say that since he wasn't specifically mentioned, JDB hasn't really proven that they own the debt. My question is this - I heard that as soon as you admit the debt is yours, you pretty much lose the case. Is this true? How can my husband say it's not his if there are credit card statements. So far he's been saying that he doesn't remember owning this card, but when the judge asks, what does he say? Please help!
  11. Got my commencement letter and have until Thursday to file my complaint and strike list. Does the complaint have to be notarized? Do I have to provide proof that I sent it to the other party? There's just not enough time for all that within 7 calendar days (considering monday is a holiday). For the strike list, there are only 3 names, 2 retired Justices and a lawyer. I looked over their bios on the JAMS website but nothing is jumping out at me. What exactly should I be looking for? I get to strike 1 and rank the other 2. I know that I should wait until the last moment to give mine, just in case the other party gives in theirs first, but I just want to make sure I prepare.
  12. Thanks It was a Motion to dismiss and compel arbitration. I guess it's different than motion to stay? It's just weird it got denied because the plaintiff didn't oppose it and I'm guessing they thought it's get approved if they went ahead and paid the arbitration fee.
  13. So I recently paid my share of the JAMS fees after the plaintiff paid theirs. In the meantime, my motion to dismiss and compel arbitration was under review. Just found out it was denied (why???). So what happens now? I'm guessing that the plaintiff will want to stop arbitration and go through courts because he doesn't have to pay the rest of the fees, so I'm out $250? Has anyone had this happen? My original court date is in March. What should my next step be?
  14. Thanks everyone for your advice! My check to JAMS just cleared. Do I have to wait for some letter from them to send in my complaint? I know I have either 7 or 14 days depending on the type of proceeding, but when does that clock start? I'm assuming I send the complaint to JAMS and to the lawyers for Discover?
  15. Unfortunately I can't find the letter I had from Discover anywhere.....I spoke to them over the phone and I arranged a payment of $50/month that was debited directly from my bank account. I got a letter from them after, stating that we have an agreement, etc...but I can't find it now, I looked through all my papers. It might have been tossed away by accident. I have my account records to prove payments. After 12 months of debiting my account they suddenly stopped and 2 months later I get a letter from these lawyers.