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l0sing!t

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  1. The CA lawyer that filed suit against me on behalf of CapOne has the wrong address for the bank. The address they have is a random house in town. WTF?? How does this happen, what do I do to get it corrected, and can they get in trouble? Case Parties Seq # Assoc Expn Date Type Name 1 2 ATTORNEY FOR PLAINTIFF DOUGHTY, STEPHEN P Address: 15 ASHLEY PLACE, SUITE 2B WILMINGTON DE 19804 (302)428-1670 Aliases: none 2 1 PLAINTIFF CAPITAL ONE BANK USA NA Address: 28437 LAKESIDE LN MILLSBORO DE 19966 Aliases: none
  2. Yep that is my plan...besides that I sent them a letter electing arbitration on Friday. They signed for it Monday. They called me today... law firm for OC. Is this a violation of FDCPA? They also never sent a dunning letter. First time I ever heard from them was when I got served. Is this a violation too, or no because it's an OC? This is a law firm that specializes in collections for CapOne, Midland, etc. Lyons, Doughty, & Velduis, P.A. They are basically like a debt collector that has an ability to sue, but I don't think they "purchase" the debt, so they're acting on behalf of the OC. Can they be held up to violations of the FDCPA?
  3. No biggie. It's to compel arbitration. The judges RULING, by the way. And for anyone else, there is an amazing amount of case law in the post I did above, the Cohen vs Edward Wilman motion link. That's what happens I guess when two partners quit a law firm, and sue their law firm afterwards. The two were bound by an arbitration clause.
  4. Updated link for Google Docs...sending you an email also.
  5. A motion to compel arbitration is very common. Combining it with a motion to dismiss in the state of Delaware is also very common. Plenty of case law to go along with it. Here is just one, and the most recent one, in which the Court of Chancery approved the motion and dismissed. Cohen vs Edward Wilman It's basically because the court lacks jurisdiction because it's subject to binding arbitration. So yes, motion to dismiss is valid.
  6. Okay I was able to put it up on Google docs... here's the link. Motion to Dismiss and Compel
  7. I'm on there but hardly ever use it.
  8. I don't know of anyone who was affected either.
  9. Yeah I don't mind...but remember it hasn't been reviewed by an attorney or anything. You'll have to PM you email address. Also, mine is kind of specific to Delaware law, which has a lot of case law about arbitration. This is why I chose to go with the motion to dismiss and compel rather then the motion to dismiss, or in the alternative stay pending arbitration. There is a pretty extensive thread that details how to do that filing in the Arbitration section of this forum by Linda7. Any hoot, if you would like to see mine just shoot me your email. Anyone that is in the legal profession that has interest, please I would like for someone to look it over and tell me whether or not it looks okay. Just shoot me a PM.
  10. This means that if you know that your card agreement has an arbitration provision in it. Most CC companies took it out of the agreement, but you can still use an old agreement if it's in there because it includes a survivability clause. This means that if you had an account with say, CapOne from 2004 to 2011, and they are suing you...the current agreement has no arbitration clause, but you can find one from 2008 (here in the forum), and inject that to elect arbitration. Most cards have or had agreements that included the provision. It just depends on the specific bank and dates. If you can't figure out yourself, post back here with the account opening year and what bank it is and hopefully someone can help. Hope this explains it to you.
  11. Thanks legaleagle! I got it all ready... my motion to dismiss and compel is 9 pages long... any chance I could email it and you could look it over for any errors? If so PM me your email address. It says it's too big to attach here but it's only 259kb.
  12. Okay, so I have to have it notarized then copied to send to them as opposed to just printing out 3 copies at home, having 1 notarized for the courts and sending them the other 2?
  13. First of all, I called the court house today about getting a date/time to have my motion heard. My court rules specify that the date must be on the Notice of Motion served the other party. The clerk told me that I could pick any Thursday at 10am. Does that seem right? They don't assign a specific date? I am in a somewhat rural/laid-back area. Secondly, I know from the "serving" rules that I couldn't file it tomorrow and have it this Thursday, and I'm not available next Thursday, so I'm planning on scheduling it for 8/16. Would that be safe? Is there a chance they'll file a MSJ prior to? Thirdly, Thirdly, from what legaleagle said just to file a motion and not to worry about the answer. I told the clerk my plan to submit motion in lieu of answer and she seemed very shocked and really felt I should file an answer also. I checked the Civil Rules of the court and even told her where it states I may file this motion in lieu of, and if the motion was denied I then had 10 days to submit my response. Comments?
  14. When submitting my motions and serving the Plaintiff, do the affidavits and services need to be notarized? I know the copy to the court does, but I'm asking about the copy sent to the Plaintiff. If not, I can print multiple copies at home, as I had a laser printer. If they do need a copy of the notarization, I'll have to have it notarized then go make copies. You tell me...please, and thank you.
  15. I started off with good intentions, but it's slowing getting overwhelmed and disorganized. Mine own fault I guess, instead of organizing right now, I'm typing this...
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