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Found 10 results

  1. Does anyone know of any case laws that I can use for my MTC arbitration in GA? I got served by L&J representing Unifund CCR, LLC on a citi card w/ an arbitration clause. However there is some verbiage in that clause that says it can be handled in small claims, and I believe magistrate court in my county is small claims. I did file for arbitration immediately (upon recommendation here, thank you!), but AAA came back and said that if any party wanted to pursue in small claims they could if they sent in a written response. Well L&J did submit a response and said they wanted to
  2. Hello Forum, HELP!!! I am a Texas resident and Homestead Property owner involved in a Pro Se "unconscionable contract" dispute with Nationstar Mortgage. My original petition is attached. Nationstar is a "Debt Collection" agency/service provider for Freddie Mac. The defendant Nationstar has sent an open letter of "General Denial" to my claim stating: 1) Defendant asserts statue of limitations. 2) Plaintiff has failed to name all necessary parties. 3) Plaintiffs complaint alleges damages that are the result of acts or omissions committed by non
  3. Hello, I am trying to get a motion together that will allow me to appear via teleconference for an arbitration hearing scheduled Feb 28th. It's regarding a lawsuit by PRA for credit card debt. I was told by the head arbitrator that I would need to provide case law in order to appear via telephone or video conference. I have cited PA Civil Code and Due Process. But honestly I have no idea what I'm doing and I don't know if I'm on the right track or not. Any Additional help would be greatly appreciated! Defendant has the right to be heard in any hearings
  4. Has anyone won in the Magistrate Court in DeKalb County, Georgia recently? I'm trying to determine a strategy because my research shows that the judge in that court typically allows all of the debt buyer's attorney's paperwork through the sworn affidavit, making it harder to wage a winnable defense. Thank you in advance for any advice or tips.
  5. http://www.nlada100years.org/sites/default/files/Defending%20Junk%20Debt%20Cases.pdf
  6. So I have already been to court with JDB attorney in AZ. I used case law in AZ found by searching forums here that supports a 3 yr SOL (A.R.S. 12-543). The JDB attorney objected by stating unpublished memorandum decisions hold no weight and have no precedent in the state of AZ as per AZ Supreme Court Rule 111©. The judge asked if I could provide a supplemental memo to support my contention for a 3 yr SOL. I used DSS Financial v. Deborah Walrod to support my 3 yr SOL defense. My question is do unpublished cases hold no weight or precedent? It seems strange that only case law that has been "pu
  7. We go to trial in a week from today. LVNV Funding did not respond to discovery, so we had to file a motion to compel admissions and req. production of docs. LVNV funding finally responded last week, but simply gave us the same paperwork they originally provided when we asked for a Bill of Particulars back in December - nothing new, except the answers formulated admit, deny etc. The exhibits are the same. They have provided no signed agreement which they reference in their complaint, no contract, no statements, and no itemization of account to show how they came up with the amount owed - we don
  8. Hi Everyone, Just curious, is there a effective way by Pro(s) like you all, to pull case law ( in California) ? I feel like finding a pin in the ocean,... I am trying to find some case law that the defendant files for motion summary judgment Vs. plaintiff, as they plaintiff does not have any contract with defendant. Million thanks,
  9. I read a lot about this on the forums, and I just finished reading common law wiki, and attorney views on citing CA case law, and from what i gather, it is beneficial to cite case law *from your jurisdiction* some questions: 1. is citing federal law ever useful? 2. basically, being in CA, the following seem to be the most applicable as precedents: -similar rulings by a particular judge -CA appellate court rulings -CA supreme court rulings is there a hierarchy to these? are any California appellate court rulings equally applicable or should they be from my district? 3. pretty much as th
  10. Check out this Texas case law regarding challenging 3rd party business records: http://scholar.google.com/scholar_case?case=10612691797526674821&q=dodeka++campos&hl=en&as_sdt=4,44&as_ylo=2012 Here is the relevant excerpt: "Finally, Campos [debtor] contends the [OC] records themselves are untrustworthy. However, we note that the creator of the documents, Chase, must keep careful records of its customer's accounts, otherwise its "business would greatly suffer or even fail." Id. at 244 (quoting Harris v. State, 846 S.W.2d 960, 964 (Tex.App.-Houston [1st Dist.] 1993, writ ref