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saytar last won the day on June 11 2015

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    Oklahoma - Where the Wind Never Stops

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  1. Glad you clarified that it is also appealable in AZ...............wasn't really sure with AZ such a creditor "friendly" state. Note: That's why my appeal here is a little complex when the hearing on the motion for arb and MSJ are held in same hearing.......still haven't heard back from them yet on mine...been officially assigned to Appeal Court since 18 May...... Maybe they can't decide if they need to rule on arb or on MSJ...........or both.....LOL. Can't believe my judge here would hold the arb hearing and MSJ same day.....kinda of a denial of due process as the status of jurisdiction (and right to even be able to file/hear MSJ ) was a pending action not yet decided (officially that is, obviously judge knew what he was going to do) eliminating my exercise of the rights of appeal on that action alone. Seems something is up on P. Scott Lowery bunch.....apparently the CACH attorney's (husband and wife doing my case) address has been changed in Court from T town here back to their Colorado address. Skipping town so to say? Or are they not making much headway collecting here? Bringing them in for closer supervision, long drive from Denver to most of OK for court appearances.....? Inquiring minds would love to know!
  2. I'm hoping that the OP filed a motion to compel arb asking the court ot "either" stay the proceedings or dismiss the proceedings after granting arb motion. It appear's that if this is so then court has declined to order arbitration and is appeal of the denial of arb might be in order....if the time to do so has not run it's course...............denial of arbitration is a matter of jurisdiction, either the courts or the arbitrator and is usually a matter of the proper appealable action done by the court (denial is appealable in OK at least)....., but this is AZ and any should of, could of's are up for grabs.....
  3. LOL.......talley ho and nice play.......that's the back pat Now with 3+ still hanging...uh..........get in line and you will need the patience of Jobe....(and persistence) Good Luck on the Grand Finale, wish you the best always..............
  4. Congrats on a stunning win! Is that the same California as in...................."Hotel California"
  5. And the Fraud keeps on Rolling................................................... Talk about a "gift" that keeps on giving......................and taking. A reverse Robin Hood.....take from the poorest and give to the richest................... When Banks are too Big to Fail or Jail and own the politician's lock stock and called "crony capitalism" or by the old misnomer...........FASCISIM.------ Benito Mussolini would be proud. First the Banks managed to write their own creditor friendly BK law, paid the politicians to pass the Law they wrote...............then, making sure that even under BK they'd get something in most case's....... they double down on putting the debt cards in the Publics Pocket. Now the new con is calling Health Care a TAX............................forcing private citizens to purchase a product from for profit business.............
  6. Shhhhhh....Poker hand......classified info,,,,,,,don't get them looking at ALL the Cylinder's!! Gotta keep the wizard hidden behind the curtain........... Never hurts to interject a little (ok a lot) humor into some of the things we deal with......................keeps the boat from taking on too much water!
  7. I see your a gentleman with finesse in the flay..............white glove and all. Myself, I'm somewhat crude and believe in over the top in certain case's..... When one will do.........cannot 3 totally be better????
  8. I don't know about anybody else, but if I had a case this affected I would Throw everything AND the kitchen sink at them..........................The sit back and see how much stuck. One item or 6............matters not to long as some doodoo sticks. I'm not proud...................just persistent............and I detest JDB's.
  9. After reading thru this thread I have decided............................that nothing has been decided........................that nothing will be decided AND...................... I'm going down and get a case of Wild Turkey and see if I can finish it all by bedtime.....................................Straight on the Rocks... Maybe the Pain will leave the Body....
  10. LOL......nice little synopsis. Guess some folks just don't understand how hard most look for any sliver to fight the creditor weighted system. The 99% need "some leverage" against a grossly one sided collection system. For creditor's little to no proof needed, stroke of a pen or two.... For debtor's pay or else we will use government force to bend you to their will....... And since the Big Too Big to Jail Banks own the Government..................................I owe, I owe, so off to work I go....................(Snow White & the Seven Dwarfs) Brings back memories as a kid Listening to Tennessee Ernie Ford singing...."16 Tons" OK, OK...........I know that makes me a month older than nice. SIXTEEN TONS Merle Travis Some people say a man is made out of mud A poor man's made out of muscle and blood Muscle and blood, skin and bones... A mind that's weak and a back that's strong Chorus You load sixteen tons, and what do you get? another day older and deeper in debt St. Peter, don't you call me, 'cause I can't go I owe my soul to the company store Verse I was born one mornin' and the sun didn't shine I picked up my shovel and I walked to the mine I loaded sixteen tons of number nine coal and the straw boss said, "well bless my soul!" Chorus You loaded sixteen tons, and what do you get? another day older and deeper in debt St. Peter, don't you call me, 'cause I can't go I owe my soul to the company store Verse I was born one mornin' it was drizzlin' rain fightin' and trouble are my middle name I was raised in a cane-brake by an old mama lion can't no high-toned woman make me walk no line Chorus You load sixteen tons, and what do you get? another day older and deeper in debt St. Peter, don't you call me, 'cause I can't go I owe my soul to the company store Verse If you see me comin', better step aside A lot of men didn't, a lot of men died One fist of iron, the other of steel If the right one don't get you, then the left one will (Chorus) You load sixteen tons, and what do you get? another day older and deeper in debt St. Peter, don't you call me, 'cause I can't go I owe my soul to the company store "Sixteen Tons" � Merle's Girls Music ~ All Rights Reserved
  11. Oh yea way to long............I think that if they ignore or blow off your request for a continuance and have the bench trial right then and there IF you Object orally and file an Objection the court is setting themselves up for abuse of Judicial Discretion and violation of Due Process.............both items that if documented properly for an appeal, either one of which would get a reversal. Then it would have to go back to the trail court and if the JDB wanted to continue to pursue the matter would have to start all over.......................hopefully the SOL will kick in before that. Any "Mediation" you would get at this time is going to be thru the Texas Court system.................Not thru JAMS or AAA.......and would Not be of any Benefit to you. Just remember file your MSJ note and Object to each and EVERY item of any so called evidence....request it be stricken and excluded.......the Judge might accept your argument, if not and you have to appeal, then you have "documented Objections"..............these are needed to even make an appeal viable. Even if the trial judge is against you the 3 or so in appeals might see your arguments in a more favorable light............if so it won't matter what the trial judge thinks. I'm not sure how your state appeals on MSJ decision's or from JP courts for need to read up on this procedure and pay attention to what is needed for a successful appeal......Always be prepared for that as NONE of these case's can be predicted with absolute certainty. Way too many variables. Hopefully the information below will help you out some.................I'm not sure your really sure of what your supposed to do, maybe this will help some. One thing I noticed glancing thru the statute...............the court can place fast and loose with evidentiary matters and are not restricted to exactly following Rules of Evidence........I doubt this holds true for the District Court, so win lose or draw stick with the rules even if the JP Judge ignores procedure. Here's some information on your Courts. Texas Rules of Civil Procedures, Part 5 - Rules of Practice for Justice Courts in TX. RULE 526. SUMMARY DISPOSITION (a) Motion. A party may file a motion with the court requesting judgment in its favor without a need for trial. A plaintiff’s motion for summary disposition should state that there is no genuine dispute of any material fact in the case, and that it is therefore entitled to judgment as a matter of law. A defendant’s motion for summary disposition should state that the plaintiff has no evidence of one or more essential elements of its claim against the defendant. ( Hearing. If a summary disposition motion is filed, the judge must hold a hearing, unless all parties waive the hearing in writing. Parties may respond to the motion orally at the hearing, unless the court orders them in writing to reduce their responses to writing, which may or may not be sworn, at the discretion of the court. © Order. The court may enter judgment after the hearing as to an entire claim, or parts of a claim, as the evidence requires. The court should deny the motion if any material factual dispute exists. Note to OP...this is why you must object to each piece of evidence, create a sustainable factual dispute, document with written objections, case law, statutes, etc and request to strike or exclude each piece of evidence....every piece of it PRESERVE Appealable facts. RULE 555. SETTING ASIDE DEFAULT JUDGMENTS AND DISMISSALS A plaintiff whose case is dismissed may file a motion within ten days of that dismissal seeking reinstatement. The plaintiff must serve the defendant with a copy of this motion no later than the next business day using a method approved under Rule 515. The court may reinstate the case on good cause shown. A defendant against whom a default judgment is granted may file a motion within ten days of that judgment seeking the judgment to be set aside. The defendant must serve the plaintiff with a copy of this motion no later than the next business day using a method approved under Rule 515. The court may set aside the judgment and proceed with a trial setting on good cause shown. If a court denies either of these motions, the party making the motion is entitled to appeal that decision as provided by SECTION 6, and will receive a trial de novo at county court if they successfully perfect the appeal. Note from Me: De Novo means fresh and anew. The County court does not consider the JP courts ruling but examines the written record and pleadings and evidence with fresh eye. They make their decision based on the record..................the record are any written transcript or more importantly filed motions and pleadings... WHICH IS WHY I SAY YOU NEED TO MAKE OBJECTIONS AND MOTIONS TO STRIKE OR EXCLUDE IN WRITING AND FILED WITH THE CLERK SO THAT THEY BECOME A PERMANENT PART OF "THE RECORD". PAYING FOR A COURT REPORTER AND TRANSCRIPT OF ORAL ARGUMENTS CAN GET EXPENSIVE! You Can file an appeal in Pauperous or without funds if your basically their is no real reason not to take the time to file one. RULE 560. APPEAL (a) Plaintiff’s Appeal. If the plaintiff wishes to appeal the judgment of the court, the plaintiff or its agent or attorney shall file a bond in the amount of $500 with the judge no later than the 20th day after the judgment is signed or the motion for new trial, if any, is denied. The bond must be supported by such surety or sureties as are approved by the judge, or cash in lieu of surety, must be payable to the appellee, and must be conditioned that the appellant will prosecute its appeal to effect and will pay off and satisfy such costs if judgment or costs be rendered against it on appeal. ( Defendant’s Appeal. If the defendant wishes to appeal the judgment of the court, the defendant or its agent or attorney must file a bond with the judge no later than the 20th day after the judgment is rendered or the motion for new trial, if any, is denied. This bond is calculated by doubling the amount of the judgment rendered in justice court. The bond must be supported by such surety or sureties as are approved by the judge, or cash in lieu of surety, must be payable to the appellee, and must be conditioned that the appellant will prosecute its appeal to effect and will pay off and satisfy the judgment which may be rendered against it on appeal. © Appeal Perfected. When such bond has been filed with the court, the appeal will be held to be perfected. The appeal will not be dismissed for defects or irregularities in procedure, either of form or substance, without allowing appellant five days after notice within which to correct or amend same. This notice will be given by the court to which the cause has been appealed. (d) Notice Required. Within five days following the filing of such appeal bond, the party appealing must give notice as provided in Rule 515 of the filing of such bond to all parties to the suit who have not filed such bond. No judgment may be taken by default against any party in the court to which the cause has been appealed without first showing compliance with this rule. RULE 561. INABILITY TO PAY APPEAL COSTS A party that wishes to appeal, but is unable to pay the costs of appeal, or secure adequate sureties, may appeal by filing a sworn statement of this inability no later than the 20th day after the judgment was signed or the motion for new trial, if any, was overruled. This statement must include the contents of section (a) below. The statement may be the same one that accompanied the filing of the petition, if one was filed at that time. Notice of this statement must be given by the court to the other party no later than the next business day. (a) Contents of the Statement of Inability to Pay. The statement must contain complete information as to the party’s identity, nature and amount of governmental entitlement income, nature and amount of employment income, other income, (interest, dividends, et.), spouse’s income if available to the party, property owned (other than homestead), cash or checking account, dependents, debts, and monthly expenses. The statement must contain the following: “I am unable to pay court costs. I verify that the statements made in this statement are true and correct.” The statement shall be sworn before a notary public or other officer authorized to administer oaths or signed under penalty of perjury.......... If the party is represented by an attorney on a contingent fee basis, due to the party’s indigency, the attorney may file a statement to that effect to assist the court in understanding the financial condition of the party. (d) Appeal of Ruling. If the decision is appealed by the appealing party, the judge shall send all papers to the county court. The county court shall set a day for hearing, not later than ten days after the appeal, and shall hear the contest de novo, and if the appeal is granted, shall direct the justice of the peace to transmit to the clerk of the county court, the transcript, records and papers of the case, as provided in these rules. If the county court denies the appeal, the party will have five days to post an appeal bond that satisfies Rule 560 in order to perfect its appeal.
  12. I'd file the MSJ, request the Court set a future date for a Hearing and Ask for a Hearing on your previous Motion for Continuance to allow plaintiff's to allow respondent's time to properly reply on the motion to compel and to insure that no one's due process is violated by having a trial before ruling on previous Motion to Continue is settled, be sure to Object to holding both hearings concurrently..... separate documents but file at the same time. Hopefully Rocker will jump in here. He'll know more definitively about TX. Check with him if possible. I can't imagine them having a bench trial before acting on your motion for continuance (but is is a JP type court) and allowing time for arguments. Hopefully the hearing and arguments is just for the Motion on might check with the Court Clerk and see if they know exactly what the hearing is for...trial or just arguments on the Continuance Motion before you jump the Shark.. If not you'll have your MSJ filed and if the judge blows that off He'll likely be setting himself up for violation of due process....................Sounds like you have one of those non lawyer JP justices. He might just be that stupid and nobody has ever called him on it. In my court I filed an appeal on the Judges ruling on my case..........Court Clerk assistant stated she's never seen anyone appeal anything out of this court since she'd been there (5-6 yrs). Some judges seem to get "a Pass" somehow..........Guess I blew his "perfect record". Shucks, breaks my heart. (I know I can combine motions here in OK...not sure on TX..but I think so) Sometimes it better to do separate ones though.
  13. Just a note and link to CFPB summary.....seems like 47 states are in on the consent order. Pretty comprehensive and sure to make the others sit up and pay attention at the very least. Now I'm waiting for the another shoe (another bank or two) to drop...............this can't be the ONLY one their investigating. Definitely worth a call or two to the State's attorney office to see how your state is going to "Make those directly and indirectly involved "Whole again" and what THEIR going to do to insure all the other's aren't doing the same . Maybe a large FYI fax sending findings and consent order to various court's and State Legal Associations.A grass roots Education Campaign?????
  14. The argument is sustainable. If the case is based on Chase account then it's definitely an argument...make them prove that the account as sold by Chase is correct and fully accurate......Guess what they can't, now what any one particular judge does with that information is beyond ANY scope of ANY argument..forget the legality or not of it, doesn't matter to the Robe. But it might to the 3 or "Robes" on an Appeal Court. Even if the account is not on a Chase account, then any defendant should have some argument that such an QUOTE:" that since this is a Debt Market accepted practice" , that it is proper to question and require additional and/or more definitive documentation to insure that "Due Process" is not violated as violation of due process is grounds to overturn the Trial Courts decision. Now admitted some Robes won't care or think their too protected, maybe.....maybe not. Even thief's have falling outs all the time. Any systemic accepted practice that is found "deficient" should at a very least be questioned in a case.....................I think you may be thinking that no one can show you a "Magic Bullet" one can.......they do not exist. But, usually if enough legal bullets are shot into a case, at some point it is possible that enough legal fluid will leak out to sink the JDB boat...........This decision is just another round that might be shot..............but no shot is "Magic". Just another tool in the tool box. NO legal case can be:: Do this,! Then do that and Violia! you win. Fighting the corruption, prejudice, and old boy network is not a walk in the park and there is no Manual.....we most always start from way behind. I'd rather have a Hellfire missile to take out the opposition ( I like large fireworks displays tool ), but barring that I'll take a really big club if that's all I have..............better than bare hands or nothing. How to use it..............simple. Use it as another attack or tool to try and Impeach the opposition's evidence. No exotic legal guarantees. Anon Amos is saying the other Debtor related Board.........the name that dare not be spoken....LOL. The folks over there sometimes have some "creative" methods. This board try's to be a bit more pragmatic and logical.......................which is usually better in MOST case's. if your wanting to go "outside the box" might check with a few over there.....but don't let your feelings get hurt real easy. Most are quite blunt with their answer's. This board is more........Diplomatic so to say. Agree, it is usually easier to keep thoughts together in one place.............that's why I only go check that board out once in awhile......Most there are good folks, but they WILL go outside the box, but outside the box requires a "Large Pair" at times. If not so equipped.................uh oh well. Don't worry just do your case's as you want, take what you want from any information posted and ignore the rest.....we can only make suggestions and brain storm here, as none of us are, cough, cough, cough, cough....."Real Lawyers" (something most would detest being). My lips don't pucker that well.
  15. doesn't lock you in. Just state in your motion you desire JAMS. Don't think they will argue about which one you use, as their argument will be against arbitration with whomever. Don't get wrapped up in worry about ALL the What if 's, Should I's, etc............................Just stick with plan for now If they deny your Motion for Private Contractual Arbitration argue for it (most times the refusal of arbitration is a determination of venue (i.e. Court or Arbitrator ) and as such is By itself an Appeal able decision.