LR_Knight

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About LR_Knight

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  1. Thanks, appreciate the clarification.
  2. @Clydesmom This question does not relate to my litigation topic. I know it would be too late now to worry about arbitration at this point. The OC for this issue had arbitration clause and Governing Law Clause. I did not have the agreement when started asked the question so may used the wrong wording. Allow me clarify what I am asking. I have agreement that has a Arbitration Clause and Governing Law clause which states "This agreement and your account will be governed by the law of the state of Delaware and, as applicable, federal law." 1) If Delaware has SOL of 3 years, and I elect arbitration, then the OC / CA becomes bound by the SOL of Delaware (since using governing law clause) or my home state? 2) Assuming that the agreement does use the SOL of Delaware (because of governing law), can you still claim violations specific to your state in your formal complaint? I have been reading the Arbitration strategy and steps topic but trying to wrap my head around how this would work. The account will hit my state's SOL in another year, but want to start formulating contingencies if try to sue before it happens.
  3. I have a general question. Sorry for starting a new topic if this has been answered before. I understand that OC / JDB is bound by the terms of the agreement. Here is my question: If the agreement is in a state with a shorter SOL (say like Delaware uses 3 years I think) and the CC agreement says they use those laws, then can you use the 3 year SOL for a violation if your debt is outside of that? Or are you still bound by the SOL of your homestate? Second question - assuming that the agreement's SOL is the one in effect, can you still claim violations specific to your state? (Updated my topic title to use correct terms) See Post #4 for revised questions.
  4. I contacted the court reporter yesterday. She returned my call this afternoon. I will stop by there in morning and pay my fee to get her to begin working on the transcription. Once I have the transcript, I will post it here so that can get feedback. Transcript should be able to shed light on exact minutes of the case.
  5. Thanks everyone for the feedback. Going to take a step back for day or two and try to decompress. Just throwing out ideas but think need to step back for now. I am waiting on reporter to call me back so can set up arrangements for transcript. See what my options are then.
  6. 1) I sent discovery, they objected to everything I requested. 2) They filed a motion to admit docs, attaching docs I requested but objected to during discovery. 3) I filed opposing motion against those docs because of their discovery responses. 4) They showed up at trial. Mentioned motion to judge. He admits it. Denied my opposing motion, even though I had several defenses listed in it.
  7. I want to pose this question to you all. Thinking filing motion for new trial under Rule 59, which states: The part I highlighted what I want to ask about specifically. Anyone know how I can right up the motion to reference this specifically: https://caseinfo.aoc.arkansas.gov/cconnect/PROD/public/ck_public_qry_doct.cp_dktrpt_frames?backto=P&case_id=60CV-13-4231&begin_date=&end_date= You see, the Plaintiff is same in both that case and my own. They filed for a stay of proceedings while the Supreme Court decides on a case regarding if JDB must be licensed in the state. I am looking for any feedback / advice on how to draft this motion to reference this case in regards to getting a new trial on my own. Since the Plaintiff says that SC decision will have direct impact on the other case, stands to reason it will have impact to my case as well.
  8. @BV80 I went for a trial. That is what clerk letter said was scheduled. Another question. Can they seize my vehicle in a judgement? Only car I have and need it to take my disabled mother to her appointments. Plan still to appeal but looking for feedback to decide my course of action if that fails.
  9. @BV80 They did not file a MSJ. They filed a motion to have business records admitted into evidence, to which I filed an opposition motion. He granted their motion then denied mine. I then objected, which he overruled. I then said to preserve my objection. He then said did I have any testimony to give, I said I did, so he swore me in and told me to go to podium. All this had me rattled, so that is when I brought up the bill of sale and their response during discovery. He said did not see a MTC thus I waived my right to object. I objected again, which he again overruled. I asked again to preserve to record. He then started going through asking questions about CC statements, address which I said was my address but had no familiarity with those statements or charges. He then asked me about transactions on them. I then said they were admitted and again I objected / requested preservation. That is when he made quip about how many times am I going to ask to preserve objections. The clerk site even says on docket a trial was held, So I am lost now what happened.
  10. As far as I know it was a trial. The letter from the judge's clerk said was a "bench trial". I am emailing the reporter now to see what I need to do to obtain transcript. Was going to wait until tomorrow, give it a day to settle but now I am starting to question what happened again. @BV80 is second person to mention if this was a summary judgement hearing so now I am worried again. Can judge change it from trial to hearing like that?
  11. I have a car note and student loan. Also my employer was bought out and March 31st is my release date from my job. So financially speaking going to be rough. Only thing is can do BK and just target the CC and JDB? Don't think you can put a student loan in there and need vehicle for transportation. Ask the question for informational reasons right now.
  12. You are right. I am product of those I learned from, and I have learned a lot on this journey. When it started I thought it was hopeless and if I had not found this place would have been another default judgement. Being newbie to this (and still am for most part) I tried to follow every piece of advice I was offered. But I will say that the MTC I do recall being brought up but didn't push it because thought didn't need to. All that being said, I am grateful for all the help I got. And while the result was not what I expected / wanted. The reassurances thus far does make me feel a little better at least.
  13. I can understand (nor not neccessarily agree with) the argument about the motion to compel. But i read the rules over and over on that and said "may compel". And Plaintiff said that the request for the complete chain of title was irrevelant. If they say proving standing was irrevelent, I was going to let them and use Arkansas Rules of Evidence 402 which states And I did bring that to judges attention and that is when he started talking about the motion to compel. Also, I filed a sworn denial with court, which should have required them to bring in a witness to authenticate those documents correct? I was under the impression that sworn denial counter their affidavits and they would have to produce a live witness. Plus as we all know that bill of sale was the genenic "exhibit C" type they always file and did not even mention me as party in sale on it. The card holder agreement they presented was also generic agreement dated 2005, but the affidavit from the FIA monkey said account was opened in 1999. During discovery they sent me a 2012 agreement in my production request. I will admit I was rattled by judge granted their motion and denying mine without me even getting chance to argue my points on it. And I know I said "objection" several times afterwards not sure if I uttered the words "hearsay" too. But I do recall saying "please preserve my objection" several times too because judge brought it up "how many times do you think need to perserve objection" I do know I said objected to bill of sale and that it was irrelevant and mentioned the rule on it. Because again that is when he mentioned motion to compel. So guess another question I have would be if I did not say "hearsay" does the objection still count? And if I appeal does teh appeallent court also look at ALL the pleadings on file? Sorry, I will be honest that this defeat shook me so hard last night I kept waking up with this sense of dread. Felt like flushed all my work down the drain because I didn't fight judge hard enough and just read every note I had made. That even though I "objected" that maybe I did it wrong and messed up any chance of fighting this. Any advice would be helpful.
  14. They did not have any witnesses either. Judge pretty much decided this before even started.
  15. I lost the case. Judge claimed because I did not file a motion to compel on all of the discovery they objected to, that I waived my objection. He let in every one if their hearsay documents. I feel like crap now. But guess start looking into filing an appeal.