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About SweetPolly

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  1. It is my understanding affidavits are required to be notarized to be considered an affidavit. The CA submitted a motion for SD with an affidavit from the OC which was not notarized. Is an affidavit without notarization an affidavit? Is an affidavit without notarization admissible if I object?
  2. How much time do I have to file an Opposition to an untimely filed Petition To Confirm an Award? A Notice of Hearing has not been set.
  3. I received a Notice of Intent To Levy from the IRS for back taxes owed. Is it possible to negotiate a settlement with the IRS for back taxes? Does the IRS have a "policy" regarding settlements amounts they can/will accept or does it vary depending on the individual's situation? Is it advantageous to use an attorney during settlement negotiations to obtain the best settlement or is it likely that I can negotiate the same settlement as an attorney could? It seems wiser to apply my funds toward the settlement payoff unless an attorney is likely to obtain a significantly lower settlement during ne
  4. I thought a Plaintiff with multiple causes of action must bring them all in the same suit or those not brought are lost. My contract states that a default as to one is a cross-default as to all others. They sued once on a single card, and are trying to sue again on another card which was also in default when they sued the first time. Isn't the first suit's existence an affirmative defense?
  5. If a person has multiple defaulted credit card accounts with the same OC, can the OC file separate suits or must they consolidate and litigate them in one case?
  6. Looked through your most recent 500 posts and found one referencing choice of law provision related to questions in Interrogatories...very helpful. How do I best search for the posts with additional info regarding Citibank and South Dakota Law?
  7. Thank you so much for your help. The date for Citi's hopeful would-be hanging is tomorrow. I am far better armed because of the help I've received.
  8. I thought I saw a thread about Citibank and that they no longer fall under South Dakota law, but I can't find the thread. Could someone please point me in the right direction? If there is no prior thread, then my question is: Is Citibank currently under South Dakota Law? If not, how can I be held accountable under South Dakota Law? In my case (in Calif) the judge has ruled applicable law and rules are "Substantive Law: Pursuant to the card agreement, "Federal law and the law of South Dakota...govern the terms and enforcement..."
  9. Citibank is flying in a Custodian of Records to testify in my case. I wondered if there are additional/different questions one would ask a custodian than was mentioned in the thread "cross examine the affiant, What questions would you ask?" from 1-25-11.
  10. In discovery I requested a copy of the credit card application/contract. I was told by the OC lawyer that federal law allows credit card banks to purge applications from their files after 24 months. Is this true?