• Content Count

  • Joined

  • Last visited

Everything posted by jdfkl

  1. In the years I've been on this site, I swear there was a library of Card Agreements --- donated, assorted, compiled. I cannot find any grouping of Agreements now to save my life. Were they removed? After hours of searching.... just wondering
  2. I have a growing list of FDCPA violations against a JDB in U*tah. (If I can win against the JDB's Atty, then I can get the JDB by vicarious liability in a second action, correct?) I answered their claims (last year), and embedded (in the answer) my own provisions to add counterclaims at a later date if necessary. (I am in the MTC Arb phase of litigation right now.) I'm nearing the 1 year SOL mark on the first FDCPA violation. Should I: Counterclaim (or is it too late now since the Answer is too far back in the case history?) File a whole new lawsuit? (and pay the court fees?) Hol
  3. Thanks for all the input. I am listening! DonqIII, a mutual walk away would be great. May I ask ballpark about how much money they were willing to walk away from? Just curious if that had an impact. Thanks for the 411.
  4. In fine-tooth combing an agreement, I came across a paragraph which stated disputes would be held under ND law, regardless of where I live. I live in U*tah. Is ND law an upgrade, and should I draw attention to the clause? Or stick with where I am? Many thanks!
  5. Accounts were charged-off, so I believe they are still owned by the OC/SmallBank who hired a Collections Agency to secure it for them -- as far as I can tell. 2 Accounts were credit cards. The third account was a line of credit that was set up to automatically pay the credit cards minimum due. ...Something to that effect. My spouse knows more about how they were interrelated than I do. Either way, they were unsecured. However, the accounts were cross-collateralized by a car loan we also paid through them. The SmallBank has threatened to take the car to pay off the credit lines over t
  6. As I understand things, Amex has a bulletproof contract that pierces the LLC veil and creates personal liability. If you're being sued as consumers, then the Business arbitration wouldn't apply -- and would be MUCH cheaper for you. I would check debtorboards on this subject, too. JAMS may buy you some time, but the outlook isn't great. :/
  7. We have received mailings from Bonn*villle in U*tah 3 accounts regarding an OC. Mailings have been: Acct 1, Acct 2, Acct 3, Accts 1&2&3 added together. We have DV'd the last mailing. CA responded with copies of our signatures at the end of contract. We want to keep them in communication so they don't initiate a suit (we need time). What is their SOP, and what should we do? KentWA, are you out there?
  8. So OC atty opposed MTC. Court granted MTC under the Arb Act -- Judge basically felt his hands were tied. At that time, the judge spoke to the OC about the arb forum options at his disposal (even though I specified JAMS in my MTC...judge didn't notice, and didn't address me as the forum-chooser). I don't remember receiving an actual order in the mail, but court records simply state "Stayed. Arbitration Act." Early this year OC sends me a letter saying their hands are tied to initiate JAMS -- because JAMS doesn't allow creditors to initiate anymore, and that if I don't initiate then I lo
  9. The collections letters are a few months old -- they are sparse and intermittent. For me, the VOD functions to head off a law suit by letting them know I am a fighter, and that they might want to choose an easier target. Ultimately, my goal is to avoid being sued -- so laying low may be the right thing with the older letters?
  10. I'm am past the 30-Day period for sending VOD's. How crucial is the timeliness of those 30 days? Should I VOD anyway? Or should I lay low now?
  11. How long does a JDB hold onto an account before they sell or pass the account on to the next JDB? In reviewing old letters, it looks like JDB's last about 90 days (?). Is that typical? Or an accurate generalization in predicting their behavior/practices?
  12. The Pezzuto LLC Law office in Arizona sent me a dunning letter. I'm in Utah. I researched and found Pezzuto has a registered agent in Utah; but the Utah office/agent was not mentioned in the AZ letter. Can the letter from Arizona pave the way for the registered Utah agent to file suit against me? Or does the Utah agent have to send me a similar letter with a Utah address or reference first?
  13. I will be calling JAMS in the morning -- I'll report my findings as soon as I can. Just to clarify, the OC is Discovr. The Order was to Stay the Court Case pursuant to the State Arbitration Act. Neither party was necessarily given the responsibility to initiate.
  14. The attorney is trying to dump initiation on me, for sure. (We were ordered to arbitrate as of last summer.) I don't know if JAMS will only accept a demand from a consumer, or if the attorney is trying to test my willpower, and hoping to make the action slide its way back into court. What is my recourse if it is true JAMS won't accept creditor's demands?: - Can I claim OC's agreement has failed them, and MTD? - Can I claim the OC dragged his feet, missed his opportunity with JAMS, violated the arbitration acts and the order, and MTD? - Do I request for the advance of initiation
  15. OC attorney claims JAMS is no longer accepting cases initiated by creditors. Has anyone heard anything along these lines? Or is this another lie?
  16. Thanks for responses,everyone. Do you think talking to the clerk is going to be enough to cancel the Order to Show Cause?
  17. Thanks for the response WhoCares. Do I need to attach the Order to a Brief of some kind? "Defendant's Resubmission of Order in Accord with Court Ruling"?; "Motion for Leave to Resubmit..." Is there a protocol for bringing a clerical error to the court's attention? I hesitate to open the Motion-can-of-worms, because that gives the Plaintiff the Opportunity to Oppose.
  18. I have a case that was stayed for arbitration. OC never initiated arbitration. Also, I just found out the Order the judge asked me write was never added to the case history (even though I submitted the draft to the court for signing and have a stamped copy of my own -- seems to have been misplaced internally at court). The judge just sent Notice of Order to Show Cause to prevent the court from dismissing the case. If I do nothing, the Plaintiff may seize the opportunity to MSJ -- so I need to beat them to the punch. Should I: Remind the court the case is stayed for arbitration, but t
  19. The CA in my case was just replaced ---- by Himself (??!?!!?) He switched bar numbers from one state to another. Is he trying to avoid Claims I have on him and his conduct? If so, what can I do for the case? Can I add him as two Respondents -- one for each bar number? Do I need to Motion something??? Please advise(!!) The clock is running out of time.
  20. Thank you debtvet & TomnTex Glad to hear some feedback And, of course, hoping Linda7 will pop by, too.
  21. How much evidence should I attach to my Claims? None -- wait for later? Some -- give some heft to the Claims? Later -- wait so I don't give my opponent the advantage? Pros/Cons?? Thanks for thoughts!
  22. I'm getting ready to submit my Claims for Arbitration. Do I attach Evidence NOW? Should I wait and attach Evidence later? Will I get the chance to? Pro and Cons? Thanks, All
  23. I am working on my strike list due shortly, and am looking for some input on my strategies. My top 3 choices include: (A) A judge who has demonstrated some kind-hearted approaches to the judicial system in general. ( A judge who may or may not be consumer-friendly, but is very, very pricey $$$. He seems to take issue with attorneys playing dirty [my opponent is habitually guilty of this]. © An attorney who has represented professions like mine, but has also represented financial institutions. Attorney has also been involved with large firms representing large businesses. Some of th
  24. I need to Object to an Order that was drafted by the Plaintiff (who lost his motion and is trying to work angles to make the Order work in his favor anyway) . Plaintiff's atty drafted a bunch of text that helps his case, but were not anywhere near reflective of the judge's decision nor the judge's words at the hearing. I'm in Utah, I have 5 workdays to Object. However, it takes 5 days to obtain a CD copy of the hearing (wherewith I would find the judge's verbatim decision). What do I need to do to facilitate the Objection? Do I simply Object? Do I Object based on what I remember being