saytar

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Everything posted by saytar

  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
  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 proceeding........an 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 venue..............an appealable action done by the court (denial is appealable in OK at least)....., but t
  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 barrel.....................................is 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 wrot
  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 me...............as 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 Listen
  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
  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 t
  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 ord
  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
  15. Good..........it 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.
  16. This entire country's debt is at astronomical levels right now and climbing higher each passing minute. (Check out the National Debt Clock) A debt based grow system (Ponzi Scheme) requires more and more debt be taken on in order to sustain it. At some point the demographics (aging population, low birth levels, more hands in the benefits cookie box,,,,,massive "undocumented" ...for now immigrants) that are kicking in as we speak with fewer people in the maximum age group (24-56) to be buying homes, appliances, cars, etc. Without larger number's the current Too Big to Jail Banks will soon be imp
  17. In a way yes...................22 boats (grossly devalued dollars) on the Titanic and 80 (paper debt value) needed for all the passengers. A defaulted Chase account would just be a start on a very long list of defaulting accounts. It could well be a many ringed circus for years to come........I doubt that it will matter if a debt is legitimate or not...with overloaded lifeboat's, most will drown regardless. Those of us already thrown from the lifeboats are fortunate in a way to have fallen out in much, much shallower water....which is much harder to drown in. The water keeps getting deeper a
  18. We can only hope so.............Chum on Big River, Keep on Chumming.These fraudulent schemes have gone on far too long, borrow money at 0% and collecting 29% interest on money created out of thin air. In years past Many Mafia members went to jail for such "loan sharking". Now just think what a stock market and/or bond market crash or major bank or additional country's default would do...........................................perhaps a large bank or two maybe add some Porta Rican Grease to that? The bottom feeders will have a feeding frenzy....................all feeding on each other. I d
  19. Rocker, this is something that I have noticed (especially here in OK) the judges when they allow this "Bundling of Motion Hearings" is usually a good sign that they are for the Plaintiff's (mind made up) and are NOT giving the defendant's motion's any real weight..most likely going to deny it and try and blow them off to "clear the docket". If the judge WAS going to even consider granting the motion to compel, he wouldn't hear it on the same day of a MSJ hearing or bench trial as at least 20-30 days should be granted for them to comply. If granted and a hearing continues (a total oxymoron) the
  20. Sorry to be flip.......................But he takes what the attorney presents and unless argued against or objected to by the defendant that's usually the way it goes, most judges are lazy and defer to what or whom they deem the most knowledgeable (ie their good legal compadres). Now your bank statements or other documents that disprove that should suffice. But in your case their improper witness shenanigan's trying to "avoid CA laws" is your best offense. They don't like having to jump thru hoops JUST for one state. Also JDB have been know to make small payments just to attempt to reset a SO
  21. Sounds like a "Cartel" side business, but like all other "Cartel" business's very shady.......................
  22. Because they are just totally bottom feeders.......no imagination, just plain bull headed and convinced of their greatness. Same thoughts I had........ If they don't they should................so should the other 56...oops.....I mean 49 states. Sorry had an Ohh moment..... But we have a problem Houston..................sorry.... "...............Rather, Section 489 was intended for the narrow purpose of preventing attorneys from buying debts as an expedient means to obtain costs for bringing suit." http://corporate.findlaw.com/litigation-disputes/second-circuit-clarifies-new
  23. Thought it might......its something that might be used to gain some leverage in any settlement negogiations. Not a method I particularly favor, as most people do not have the money to do lump sum settlements (which are the only way to do them...the payment route is not viable, the bottom feeders lie too much and sometimes the OP's situation changes to the worse). But Texasrocker knows Texas pretty well AND the 1st Item on the agenda before ALL else is the Answer as he says. Then you have options in which way to take the case, otherwise your dead in the water. Good luck.
  24. I get you on the money thing, to the bottom feeder's it's nothing they'll screw somebody out of the money....to us $100.00 bucks buys alot of groceries............supeona here is $ 5.00 issuance fee at the Court Clerks office, then all you need is someone NOT involved in the case to deliver it..........then complete and file an affidavit with the court certifying they delivered it and when and where and to who................what are friend's for, it's not always necessary to pay a process server or sheriff's deputy............at least here in OK, shuck's ma'am if I was in CA I'd just be plum