Oarman1954

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About Oarman1954

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  1. I apologize if this is in the wrong section...I wasn't sure where to post this. We put my parents house up for sale and got a buyer. The property was supposedly put in a revocable trust in 2008 which became irrevocable when both parents passed, my Mom passing last in Dec 2012. Now that we have a buyer, the title company called me and said the properties owned by my parents were never actually transferred into the trust because the attorney made a mistake in the deed that conveyed ownership to the trust. As best as I can understand it...the attorney mistakenly made my parents the trustees a
  2. One of our wise contributors always says, and correctly, that a bad case in court will be a bad case in arb. In dealing with an OC, the point of arb is as you say, to make it costly so that you may be able to negotiate a settlement. That is the realistic goal . Certain OC's have really wised up in arb and are being much more aggressive, such as Citi, which, will take the arb all the way through its appeal process. Others, like Discover, no longer seem to be interested in pursuing arbitration and so a successful settlement may be easier to come by. You are correct in thinking if you do no
  3. Each attorney,law firm and company has to be noticed separately. That's what I was told by JAMS, and that's what I did.
  4. I am not sure you can drop the arbitration. Once the arbitration has commenced if you bail you will be responsible for the fees. I think you need to be released by the arbitrator. If your arbitration had not commenced it would be different...either party can withdraw. If your Motion to Dismiss cites the reason for dismissal is that you are in binding arbitration you could be violating a court order by withdrawing from the arbitration. This is just my two cents but if I was the other side and you withdrew from the arb I would notify the court that you are violating the order to arbitrate. U
  5. I didn't see Clyde's last post before I posted mine...this may work just as well for you, and be simpler...if bankruptcy is what you are after in the near future. Good luck.Do one or the other, or you could use the continuance to get your arb set up.
  6. You don't need to do a continuance...if all you are doing is stalling until you can save up enough to file bankruptcy then what you want to do is let the law firm know you are electing arbitration through the JAMS forum (not AAA). The best way to do this is to actaully file a case with JAMS, Notify the lawfirm (and Citibank) all in the same swoop. To do otherwise will tip off Citi and you will find yourself in AAA, Then, after filing a clain with JAMS ( Linda7 has a huge thread on just how to do all of this...Bless her) you file a motion to compel arbitration with the court. This is going t
  7. In Ohio I was able to elect arbitration even after discovery, and the trial date had been set ( 8 months after their filing)...I believe in Ohio you can request it right up until the trial starts. So be sure to check your RCP for Michigan.
  8. I am sorry for not being more specific but I don't want to divulge the information as I know this firm reads these posts and I don't want to alert them to what I am thinking. I think I will take Nascar's very excellent advice and see what an attorney thinks about all this. Thanks so much for all your help. If things go on I will post my progress. Thank-you!
  9. Thank you debtzapper but as I said before...this does not apply to me. I paid all my fees when I filed.
  10. No it should be 28 U.S.C. 1915(a)(3) and here is 28 U.S.C. 1915(a)(3) An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith. Help?
  11. I had my FDCPA lawsuit dismissed. I had responded to the motion to dismiss with what I thought was a very good answer but....guess it didn't fly. At the end of the order the judge put : "Further, the Court certifies pursuant to 28 U.S.C. 1915 9(a)(3) that an appeal from this decision could not be taken in good faith." This refers to people that file without paying their fees. I paid mine when I filed,so why would he refer to this? Does this mean I cannot. or rather, I should not appeal?
  12. I agree. I love the passion Coltfan had for posters and for going after the violators of the FDCPA. The fact that he has successfully beat quite a few debt collectors doesn't hurt either. I agree with savior. While I did not start out having contempt for the law firm that sued me...I was scared...I have it now. Why? Because I have seen firsthand how they are willing to bend the law to suit them, lie, misrepresent situations, and do some very underhanded things. So do I have contempt for them? Yes I do. When I came into this I was looking for a way to try to settle this. I was not expecting
  13. I miss his posts too! I loved his style and some of his confidence rubbed off on me! I also miss the humor!