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About FailedBiz

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  1. FailedBiz won a case against Asset Acceptance - $37K lawsuit. See the whole course of events at:
  2. Guys, if you want my personal email address, please Private Message me and I'd be glad to help. For some reason I am not receiving email notifications when people post to this thread even though I have subscribed to it.
  3. @Finallywokeup I wrote the affidavit contents in post #48 of this thread. You can see the post numbers in the upper right hand corner of every posting. I think it's on page #3 or something like that.
  4. @ccposter - thanks for the info. I'm about to embark on this other part of the journey. Just today I received the arbitration award for the bucks I spent on my court costs. It appears that here in Oregon, the judge won't sign anything until the time for appeals has passed. So here it is! Me winning this case! Now I hope to be able to send the signed award and get my money back. Do I send it to the attorney? The other battle is getting AA to remove their hold on my credit report. They are sending sometimes 2 negative information per month to TransUnion. Also they have stated that they have a debt against me which is seriously overdue. So I'm hoping that by sending a letter to this person I can get this all removed. Looks like I've got more reading to do.
  5. Anyone know how to tag this thread as something different? Should be something other than "Pre-Trial Conference" now.
  6. @ccposter - Sure thing. I guess that would fall sometime around March 12th for the 30 day appeal deadline.
  7. @skippy1960 - The Arbitration Award and General Judgment filed by the arbitrator gave the exact amount due to me. This was filed on Monday without objection from the Plaintiff. They even have a tiny award for being the prevailing party. 10-4 on the collection procedure. I'll check it out.
  8. @Coltfan - Thanks for posting this thread. I was so wrapped up in my SOL defense on a $37k JDB suit against me. This thread and others really helped me win. I appreciate you spending the time you took to write it.
  9. @ccposter. that is my next step because they have been putting inquiries on my report every month since April of last year!
  10. The decision was with prejudice. I imagine they can appeal, but I doubt they will.
  11. Well, I got my verdict via mail today and I WON!!!! Thanks to @BrunoJDBKiller, @BV80, @seadragon, @ladyhunter for all of your positive helpful comments. And thanks to @skippy1960 for getting me to focus on the standing issue, which was the main point of the arbitrator's decision. It has been a rough 3 1/2 months, but I'm glad I found this site on Google one night in desperation. Most of all, thanks to God for direction. Here is the arbitrator's main decision point: I was awarded with "Plaintiff's claims are dismissed with prejudice. Defendant is the prevailing party and is awarded costs & disbursement." Thanks everyone! I am very thankful. Last question. Do I have to send out a bill for this award to the Asset Acceptance or do I send it to the attorney?
  12. @credit_h - you should start you own thread on this. I think many people will have some good feedback on it. I had the same question early on in my thread.
  13. You are allowed to make a SOL defense without admitting to any debt, as I have learned. I learned that I should have filed a MOTD due to SOL BEFORE filing the answer. My MOTD was denied because it was untimely. But no question comes as to admitting debt when you raise an SOL defense - IF that is all you want to base your defense on, which might be a very weak one.
  14. Ok, just got back from the Arbitrator. A little angry, but glad on one hand that the MSJ was not awarded right off the bat. First, the Plaintiff's Attorney asked me about my admissions. Yes, I did admit to having the debt. Some of you have already spanked me for that. What this did was make the agreement a non-issue. The Arbitrator did not feel that since the agreement wasn't present, it was enough of a hinderance in his decision that I had the debt, I agreed to pay the debt and that there was an interest rate. First, we did discuss the issue of the SOL, of which he also reserved judgement. I argued that the Plaintiff's attorney claimed that the contract should be governed under Virginia Law and that he made a declaration of that fact when there IS NO AGREEMENT. So we went on to talk about the California State Law for SOL, since that was my first defense. The arbitrator wanted to do a little more research on California State Law regarding the tolling provision. The Plaintiff's attorney said that since I am absent from the state, the tolling applies. I rebutted with the fact that I have been absent from the state of Idaho my whole life if that is what the provision means. Absence implies that you belong there and that you are not there. I moved from California permanently and do not intend to return there. Next I stated that if Virginia law applies - and I didn't know because there was no agreement in place, I showed that even the AG's opinion paper (in the footnotes) state that many courts have ruled in favor of the 3 year statute of limitations. So all of that put enough question in his mind that he wanted to reserve judgement in that case as well. I felt the real issue came down to the standing. The affidavit was a little bit of a stumbling block for the Arbitrator because he felt that if they had business records to prove standing, why didn't they just offer the business records? He didn't get a good argument from the Plaintiff's attorney as to why this would not be considered hearsay. I also had to bring up my belief that there should be some sort of proof from the OC, of which there was also none. What makes me angry is that he said he needed to reserve judgement on the standing. I think it was pretty open and shut, but I guess I'll have to wait for the hammer on that one. In a final statement I asked why they didn't have a statement from Navy Federal stating the transaction occurrred (by the way, he tried to get me on not having any evidence to prove that I DIDN'T owe the plaintiff - ridiculous). On one last question, the plaintiff's attorney asked me, "If I can get that would you agree that you owe the Plaintiff?". I asked him "What do you mean by 'THAT'". He said, "That was a yes or no question." (at which point the arbitrator was almost shaking his head) I said, "Then, NO." It ended with the Arbitrator stating that he will get out a letter. In Oregon, I read that he has 20 days to come up with a ruling.
  15. Today is my Arbitration hearing. I'll post a rundown of what happened at the hearing today. The Plaintiff's attorney is attending via phone. I've got all of my arguments written down. 1. The Plaintiff hasn't proven that they are the lawful assignee of the OC. 2. There is no agreement. 3. The debt is time-barred. Am I allowed to bring up any other case law if I did not provide it in a hearing brief or in prior exhibits?