songdog

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About songdog

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  1. Hi Determined1 I did not quote the entire answer, as I initially stated, I have seen this language used in many answers and yes it is a final plea as a result of providing an Affirmative Defense such as SOL, failure to state a claim, etc. If a JDB can file the flimsy claim and nothing else.... no discovery and so on and then arrive at the first hearing praying the defendant does not show so they can get an easy default judgment, it only seems fair that a defendant could use the above referenced plea and affirmative defense to deny the claim from the get go. It appears to be worded in mu
  2. or must an additional motion to dismiss be filed? The reason I ask is I've seen many answers to summons end with "requests" similar to below: ********** WHEREFORE, the Defendant, XXXXXXXX, having fully answered the Plaintiff’s Complaint herein, demands as follows: 1. For judgement against the plaintiff dismissing it’s Complaint herein; 2. For ALL his/her costs herein expended, and 3. For any and all other relief to which he/she may appear entitled. *********** Isn't this request basically asking the judge to deny the claim right off the bat? Thanks - Songdog
  3. Not a bad idea!! I believe I can check online to see if they have filed it. If I don't see anything next week I will suit up and head to court!
  4. I started a thread last year outside of the Arbitration group - link here http://www.creditinfocenter.com/community/topic/322576-elected-arbitration-sued-anyway-now-what/ A week before my court date the Plaintiff has dropped the case so I thought I would share. To summarize: Well over a year ago I received the debt letter from Asset Acceptance's attorney. I responded with my DV letter and as part of my response I elected arbitration via JAMS. I received the validation from the attorney and then nothing for 13 months until November when I was served. So I filed a MOTION TO DISMISS FOR LACK
  5. So I filed a MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION, OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS AND COMPEL ARBITRATION Court date was set for next week so I was planning to fine tune my arguments this coming weekend.... when today I received a letter from LBN stating the plaintiff was dismissing the case! HOOT Happy Dance!! I guess now I will wait and see if they bother with arbitration though I kind of doubt it! Feel free to pm me if you are interested in a copy of the motion I filed. Thanks again for everyone's input!! Songdog
  6. I did some digging but didn't fund much wording in the way of "court forced oversight". So it could be that since the case has already been filed the Oklahoma court will assume oversight as opposed to dismissing. This is the Civil Procedure section on Arb Intialization: A. A person initiates an arbitration proceeding by giving notice in a record to all the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by certified or registered mail, return receipt requested and obtained, or by service as authorized for the commencem
  7. I sent Asset's attorney a letter reminding them that I had much earlier elected arbitration and hinted that they could therefore be in violation of FDCPA rules. I asked them to voluntarily dismiss the case..... worth a shot I also sent them a copy of the JAMS Demand for Arbitration form and asked them to complete their info and return to me so I will have the correct information when I file for arb.
  8. Thanks for everyone's replies and thoughts. Sorry for my late reply, I have been away for a few days. I filed a MTD, or in the alternative, stay proceedings and compel arbitration. I'm filing my answer to the complaint tomorrow. Any thoughts on the answer? Should it be a basic deny, deny, deny or should I also include an affirmative defense that mentions the arbitration? Thanks
  9. Hi Harry Thanks for your reply. As a matter of fact the card agreement does state that the election of arbitration by one party removes the right to litigation. I'm still somewhat of a newbie here.... Is the MTD my response to the summons or is that separate from the standard response? And I'm assuming if I file a motion to dismiss I have to request a court date to hear the motion?
  10. 1. Who is the named plaintiff in the suit? Asset Acceptance 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) LBN representing Asset Acceptance. 3. How much are you being sued for? $2000 4. Who is the original creditor? (if not the Plaintiff) Withheld for Privacy 5. How do you know you are being sued? (You were served, right?) Served summons 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes So well over a year ago I received the letter from LBN. I responded
  11. Thanks - I think I will go ahead and list it. In addition to making them prove ownership and providing proper authentication of documents, the SOL will be one more hoop for the JDB to jump through, even though I may have to do some real leg work to defend it!
  12. My main problem with the SOL is: While Oklahoma states that oral agreements have an SOL of 3 years, written agreements are 5. I know for certain it is beyond 3, but don't know if it is beyond 5. Unfortunately I need to file my answer tomorrow. From what I have read, Oklahoma courts have a tendency to go with the 5 year claiming the user agreement is a written contract (even though not signed). I'm having trouble finding any examples for one way or the other. Does anybody know where I can find case files and/or judgements for OK cases? Quickly? Anybody here have any experience with th
  13. Hi Shellieh98 - thanks for your reply. If you read my previous posts, it's not on my credit report!! The account of the OC has disappeared from my credit report(s). I've checked all 3 reporting agencies. I guess I can include a few defenses, i.e. Lack of Standing, Fail to State Claim, plus include the "Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time". Not sure if this is allowed in Oklahoma.