robnhood

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About robnhood

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  1. Arbitration has already been compelled in my case. However, Plaintiff (JDB) is now arguing that the "real" governing document has suddenly appeared (after the motion has been granted), and that jams isn't possible (AAA is listed in this really old agreement.) The doc was not supported otherwise. In reviewing his relic, it is clear that it still provides for "another national arbitration company" if AAA doesn't work out. Jams would fit that bill. Also, Jams has stated they will accept a demand if they have an order. So that doesn't seem to be a problem. (?) In my arguments against the Plaintiff I have focused on the unlikelihood that such an old (8 yr old) agreement version is the governing one. I have worked on discrediting it, and underscoring their underhanded intentions. But I also pointed out that the terms' language still allows for Jams . However, it occurred to me, that this agreement would date the account past the SOL. Because, it is a JDB, who have second-hand knowledge about their accounts, should I accept the agreement..... and use it towards arguing that it's past the SOL? Or should I stay focused on pointing out the old agreement's flaws, and discrediting the evidence and the JDB on the whole?
  2. better you shut them the H E double hockey sticks up with something they would really hate like ESI discovery and some admissions they wouldn't like such as: Admit that your electronic records have been breached by unathorized persons. Admit that employess responsible for data entry have made errors on account data. Admit that Employees of plaintiffs or agents of plaintiff have accessed account data outside of authorized access procedures. Admit that data integration errors have changed account data between different accounts(Common relational database problem) That kinda stuff. If you want to make some money off of them then hit em where it hurts(public confidence in banks) as for collection practices you will need some good evidence for that. I have noticed that the courts demand even more stringent evidence from pro pers. Thanks for this:!:
  3. Sorry Seadragon- I was drafting my reply before I saw your post.... I will read yours now.
  4. First off, I want to thank ALL of you for chiming in. This is an [OC+CA] situation. No JDB's in this action. I am reluctant to give away too many details --- this CA has a track record of being a well-known slime ball.... and this CA has officially taken me on as Priority.... probably a result of some veritable a$$-kicking. (I would expect this CA to be checking online for me.) So, if I am to understand things correctly (?), as long as I have some reasonable and applicable case law(s) attached to a permissive counterclaim, it would not be considered "frivolous" -- and not punishable by awarding the OC+CA,.... but could be Decided-Against and thrown out...... ......correct?
  5. (ColtFan -- if you are out there, I was told you might have 2 cents to add to this, if you wouldn't mind?) And to the Forum as well: In a counterclaim I would like to bind the OC to the CA's conduct and misdeeds (Vic. Liab.). [i should add -- the CA has had some serious chutzpah; and when I've called CA out on some things in court, the judge has ruled in my favor..... so my complaints have merit, and this concept of binding isn't imaginary... just maybe New Territory for this forum?] With your blessing , rather than focus on whether it is/not possible to bind, in this thread what I really wanted to explore is --- how could a pursuit like this affect me or my case -- both in court or in arb? In choosing whether to go this OC-binding route, what is best-case-scenario if I win? (Court and/or arb) -Awarded Damages (Actual, punitive or statutory)? -Case dismissed in my favor? (with/out prejudice)? In choosing whether to go this route, what is worst-case-scenario if I lose? Overruled? Claim Stricken? Claim Dismissed? Declared frivolous? Anger the Judge/Neutral? ...........................OR WOR$E?.............. Your turn now: Questions? Comments? Complaints? (All are welcome: But be nice --- we are all Comrades here)