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howucan2 last won the day on January 7 2016
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Hello: I too am being sued by LVNV as Assignee for Credit One Bank. Can I use this Credit Card Agreement you have here on your posts? I do not have a copy of a credit card agreement.
I am so confused as my Answer to Complaint is due on Monday which is a state holiday so I need to answer by Tues. Jan 19, 2016 and also ask for arbitration and also file a Motion To Dismiss. Please advise if I can use this. Thank You!
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Arizona Justice Court Midland Citibank elected Arbitration MTD/MTC
howucan2 replied to stefeni074's topic in Arbitration
Good. -
Arizona Justice Court Midland Citibank elected Arbitration MTD/MTC
howucan2 replied to stefeni074's topic in Arbitration
Harry S , I'm not for here for your benefit either. Although, you learned a few things on the other board, didn't you? Your statements are incoherent , b/c you're trying to show your sophistication and it ain't working. Save those stuff for actual court , newbies need simplicity not complication. Now, if you read my post three times you would comprehend what was said " IN MOST JURISDICTION MTC CAN BE FILED IN LIEU OF AN ANSWER". and I said M O S T not ALL jurisdictions. I also said I don't know AZ rules (so don't pat your own back ) . Keep trying ! -
Arizona Justice Court Midland Citibank elected Arbitration MTD/MTC
howucan2 replied to stefeni074's topic in Arbitration
Gee, Harry can you beat around a bush more? Yes or No would have been sufficient ! You can refrain from trying to teach me the law , trust me ,I 've been around the block a few rounds. Now, i'm going to disagree with your statement Harry b/c MTC can be filed in lieu of an answer in most jurisdictions. I'm not from AZ , so we'll leave it for up for the poster to search. -
Arizona Justice Court Midland Citibank elected Arbitration MTD/MTC
howucan2 replied to stefeni074's topic in Arbitration
Does AZ accepts MTC or MTD in lieu of an answer? If it does then filing MTC is sufficient. I personally will file a response to their Motion to dismiss if I were you. I have seen not filing a response or Objections lo be considered as acceptance of the facts. You don't want to leave anything for Midland to drive SJ through ! -
Arizona Justice Court Midland Citibank elected Arbitration MTD/MTC
howucan2 replied to stefeni074's topic in Arbitration
How about answer and assertion pf affirmative defense such as Court's Lack of subject matter jurisdiction and arbitration ? How about two sentence reply to their two paragraph motion? Finish the job properly. Make copies for yourself as well as your opponent. You must mail everything you file plus a certificate of service ! -
Arizona Justice Court Midland Citibank elected Arbitration MTD/MTC
howucan2 replied to stefeni074's topic in Arbitration
I once had a judge ask me straight up ( MTC hearing) : Is this your account? I said: Your honor this account and amount is entirely in DISPUTE. That was the end of it. Had I not said it that way I'd be left with two options,. Yes or No. None would turn out favorable ! You can't lie to a court. -
Arizona Justice Court Midland Citibank elected Arbitration MTD/MTC
howucan2 replied to stefeni074's topic in Arbitration
No, you are not lying. There was an account and now it's in dispute and court lacks jurisdiction b/c you elected arbitration per the card agreement which said all disputes mus be resolved in arbitration. -
Arizona Justice Court Midland Citibank elected Arbitration MTD/MTC
howucan2 replied to stefeni074's topic in Arbitration
Harry I suggest you stop confusing yourself. The ALLEGED DISPUTED account DOES NOT mean I didn't have an account ! Contrary to what you said ; It means I MAY or MAY NOT have an account and if I did it's disputed. I have short memory, please refresh my memory that the account and the amount is correct. And do it in ARBITRATION which I now elect. -
Arizona Justice Court Midland Citibank elected Arbitration MTD/MTC
howucan2 replied to stefeni074's topic in Arbitration
@Harry SeawardThat's what I said before. Why you're twisting it? OP should File an answer along with a reply to their motion and the MTC arb with notarized affidavit and card agreement. schedule a hearing if required by rules (you should know if it is or not). Wit for Midland to crawl on its knees ! -
Arizona Justice Court Midland Citibank elected Arbitration MTD/MTC
howucan2 replied to stefeni074's topic in Arbitration
Alleged disputed account is better. Because midland does not know if you had disputed the account or amount with Citibank/Best buy or others. How do they know ? Nothing is EVER provided to JDB in regards to disputes. Not even OCs can verify disputes let a lone a junk debt buyer. -
Arizona Justice Court Midland Citibank elected Arbitration MTD/MTC
howucan2 replied to stefeni074's topic in Arbitration
You don't want to straight up say you owe midland do you ? I use the words like " the Alleged account" or " the Alleged disputed account ". I love the word DISPUTE, it is the reason arbitration is there b/c all credit card agreements say ; ALL CLAIMS OR DISPUTES must be resolved by arbitration. -
Arizona Justice Court Midland Citibank elected Arbitration MTD/MTC
howucan2 replied to stefeni074's topic in Arbitration
If I prove you called me ten times and I show you the evidence via my phone bill. The BURDEN is on you to prove you didn't call. It's called rebuttal. If he attaches a card agreement with a notarized affidavit and Midland says; Oh no it's not the one. Who do you think the burden of proof falls on Harry? Legally not theatrically. -
Arizona Justice Court Midland Citibank elected Arbitration MTD/MTC
howucan2 replied to stefeni074's topic in Arbitration
The agreement was while the account was active and open. What else do they want for authentication ? Blood sample of Citibank's employee who mailed it? The aagreements are all on CFPB. If they want one they can find it . The burden that the agreement doesn't pertain to your account is on the PLAINTIFF . They can call Citibank as witness. Just to be on the safe side as Harry suggested Response to their Motion too. It's a two liner (See the attached Exhibit (Whatever) authenticated credit card agreement) Make it hard for ML to wiggle. -
Arizona Justice Court Midland Citibank elected Arbitration MTD/MTC
howucan2 replied to stefeni074's topic in Arbitration
Harry knows the rules, I'm not in AZ . But the response is very simple and the defective MTC is very curable by filing an affidavit that the card agreement attached as exhibit (whatever alphabet) is a true copy .