global251

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About global251

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  1. I have a hearing today in 4 hours for 3 MSJ's filed by Citibank. I have fought the good fight but yesterday I initiated Chapter 7 with an attorney, The paperwork won't be done and filed until the end of next week. Is it worth my time to go to the hearing. I was goint to tell this to the judge and see if he would extend or stay these cases until the end of next week so I can file it with the court. Does anyone have any opinion of this? Thanks
  2. what about indiana and community property?
  3. I have a hearing tomorrow. I got the judge to give me 30 days from the time Citibank's attorney answers my last discovery to respond to their MSJ.Citibanks attorney objected to my last discovery and the judge scheduled a hearing for the objection. Can someone tell me what I might expect? What if I don't show up? Is there a linit on discovery and can they file an MSJ with outstanding discovery? Thanks The last discovery I sent that they object to is below: a) The original signed application establishing the account; Charge slips bearing defendant's signature which establish use of the Account;
  4. Thanks you guys, Is the case law you provided something I should use BTO? Does anyone have or can point me to a sample of a response to oppose MSJ. I need to see how they are formatted, and maybe some sample language. All is appreciated. Thanks
  5. Thanks you guys, Is the case law you provided something I should use BTO? Does anyone have or can point me to a sample of a response to oppose MSJ. I need to see how they are formatted, and maybe some sample language. All is appreciated. Thanks
  6. Okay, I have scanned the MSJ. I will include it below. The supporting documents are the typical robo signed affidavit stating personal knowledge and 2 years of statements, their complaint, my answer. They did not include any discovery. We had 2 discovery requests and they had 1. I sent a third they haven't answered yet and then they filed the MSJ. I did send attach a billing dispute form before the account was closed which they never responded to which I think is a violation of the Truth in Lending Act and the FCBA. They have yet to show written agreement, any signatures, charge slips with my
  7. Here is the actual language of their terms. It's pretty clear and it states the use of federal law. I don't know if I'm reading it right or not. PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES. Agreement to Arbitrate: Ei
  8. I am considering arbitration. The terms have JAMS and the language states that either party can initiate arbitration at any time as long as a trial has not begun. I will post the redacted MSJ today. I am running out of time. Thanks
  9. The only defense I have is they haven't provided any of the following requests in discovery. They have answered but with objection. The only thing that I have is their lack of response to the following: a) The original signed application establishing the account; Charge slips bearing defendant's signature which establish use of the Account; c) The original written agreement in which defendant allegedly assented to the terms of the account; d) A complete history of the account from day one, establishing the legitemacy of the balance sought; e) Any document setting forth the choice of law provi
  10. Hi, I am in the state of Indiana. Does anyone have case law in Indiana to support my opposition to an MSJ? Thanks
  11. This particular affiant is Marrianne Davis and I believe she is a Robosigner. Is there a way to expose this? How would I depose or contact her? Thanks
  12. I have to file a response to citibank's MSJ. I'm not sure how to do it. But they have not answered most ROG's and admissions. They have sent a bunch of statements. Can I use this as a basis for my response? Also, Below are Affiant Interrogatories I have sent to them and got no response. Also please provide answers to Affiant Interrogatories: INTERROGATORY NO. 1: Please explain and define the term “Authorized Agent.” Please identify the scope of the authority and responsibilities conveyed by this title? ANSWER: INTERROGATORY NO. 2: Please identify your function as the person signing the docum
  13. Does anyone have a sample or actual response to an MSJ to reply to JBR's MSJ for Citibank? I'm not sure hoe to do it. Thanks
  14. Thanks for your help members. I have no idea how to write a response to their MSJ. I have been contemplating filing a motion to compel arbitration. Their terms states either party can initiate arbitration as long as a trial has not started. And it has JAMS. Also, as far as the discovery requests. I have 3 accounts they have filed an MSJ on. Two of them were filed and a court date set. I filed a motion for extension of time to be 30 days from my discovery requests being received and the court date to be vacated. The judge granted it. It must have ticked Javitch off because they objected and now