Brotherskeeper

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Brotherskeeper last won the day on April 24

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  1. @nobk4me I couldn't remember the Resurgence case name. Thanks so much for putting me out of my misery! @norcal Google Scholar is a great resource, if you don't know about it: Resurgence Financial, LLC v. Chambers, 173 Cal.App.4th Supp. 1, 92 Cal. Rptr.3d 844 (2009). Wash. Mut. Bank v. Superior Court, 24 Cal.4th 906, 921, 103 Cal. Rptr.2d 320, 15 P.3d 1071 (2001). "Even though Nedlloyd was decided in the context of a negotiated arm's length transaction between sophisticated business entities, its analysis appears suitable for a broader range of contract transactions.
  2. @FrankinVA Looks like Chase took out the arb clause in 2010 for at least 3.5 years. See if you can find an agreement from 2008-2009. This is from a Nov. 22, 2009, Wall Street Journal article: J.P. Morgan Drops Card-Dispute Arbitration Rule "J.P. Morgan Chase JPM & Co. agreed to drop arbitration clauses from its credit-card agreements as it reached a tentative settlement of a suit that accused the bank and other lenders of unlawfully conspiring to require cardholders to resolve disputes out of court." "A Chase spokesman said Friday the bank had stopped sending cases to
  3. Did a member of your family accept service? Or, was this posted on the front door? @BV80 asked you if this address was the address associated with the Chase account or on the billing statements.
  4. § 8.01-296. Manner of serving process upon natural persons. Subject to the provisions of § 8.01-286.1, in any action at law or in equity or any other civil proceeding in any court, process, for which no particular mode of service is prescribed, may be served upon natural persons as follows: 1. By delivering a copy thereof in writing to the party in person; or 2. By substituted service in the following manner: a. If the party to be served is not found at his usual place of abode, by delivering a copy of such process and giving information of its purport to any person found ther
  5. @FrankinVA You believe you opened the Chase account in 2008. You would have had to default in 2008 at least three years before the JDB filed the original lawsuit in 2011 for a statute of limitations defense. Is that possible?
  6. @FrankinVA You'll need a Chase agreement in effect from the period just before the account went into default. Does the warrant in debt claim an open account or a contract cause of action?
  7. @FrankinVA FYI--Luvmybabas also consulted with a few attorneys, including a consumer attorney, and got the exact same range of opinions as you did. One consumer attorney told her to subpoena the Comenity credit card agreement from the JDB, since the JDB attorney (falsely) claimed there was no arb clause in it, and the JDB failed to include it in their BOP response materials. Luvmybabas prepared a subpoena for the clerk to serve. Of course, the JDB claimed they did not have a copy of the agreement and couldn't get one. If they had one, of course the arb clause would've been there IN ALL CAPS. T
  8. @FrankinVA The copyright date on the Chase agreement you posted is 2019. When is the (alleged) date of default on this account? You need to have an agreement from that time period, if possible. When does this JDB statement claim the last payment was made on the account? Does that date comport with your records/memory? At this point, the JDB will not be able to obtain any more original account documents from Chase (if Jormandy purchased the account from Chase or another JDB) than they already have. A lot has changed in the junk debt business since 2011. JDBs have had to clean up
  9. @norcal First, I'm very sorry for your loss. This is a very tough thing to go through in any circumstance; doubly so in your case. In your case it appears that the date of default and when the statute of limitations began to run is very important to lock down. I would strongly urge you to read up on California's borrowing statute CCP §361, contract choice of law, any tolling of the statute by your absence from the state and related matters so that you understand what you'll need to do to use the Virginia 3-year SOL as an affirmative defense for your case. You need to know how you p
  10. Is this accurate? Do you have your bank records from this time period?
  11. @FrankinVA Where in Virginia are you? If you are in northern VA or a larger metro area, your judge may have seen a MTC before. If not, you may find you have to really know your rights and the law to persuasively advocate for them. Depending on the JDB and/or law firm in your case, they may or may not have come up against one of our forum members and the MTC before. The amount of the debt in question here may be a factor in how hard the JDB will fight against you. Where did you obtain the credit card agreement? Was it provided by the plaintiff? Or, is it your original agreement from your
  12. @Queso Does the motion for default judgment have an updated debt amount that correctly reflects the payments you've made?
  13. @tinyturtle R-33. Dispositive Motions The arbitrator may allow the filing of a dispositive motion if the arbitrator determines that the moving party has shown substantial cause that the motion is likely to succeed and dispose of or narrow the issues in the case. Motion Practice Under AAA Rules What You Need to Know