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Showing results for tags 'response to msj'.
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Well had court today. Judge denied Motion to Compel Arbitration even though Card Agreement was from account in Question, didn't give a reason guess he wanted jurisdiction, wouldn't even look at My JAMS case paperwork ( JAMS accepted and gave me a Number and served me and plaintiff). Talked with another attorney that hung around to talk with me, his business was done but he hung around till I was through...he wrote most of OK's Uniform Arbitration Act, he wanted to tell me not answering DV is a FDCPA violation...Betwee that and the overshadowing..least sophisticated consumer thing they pulled with their inital complaint (sent a payment form along with summons...as if it might have come from the court). Problem is getting an attorney to take it up....local ones don't seem interested. Then we went into MSJ motion, attorney waived card statements around and judge gave him judgment. Judge didn't even try reading my Response ( flipped a page or two then quit looking at it), brought up affidavit deficiencies, bill of sale issues, fact that I DV'd them last year and disavowed entire account and got no response, nice guy he cut their attorney's fees in half ( then apologized to attorney big deal ). sarc I'd have sworn the plaintiffs attorney had been under the judges desk on his knees earlier.......... Didn't appear he was interested in my Legal arguments and looked like a little obedient lap dog to plaintiffs attorney..........although plaintiffs attorney was very nervous and seemed relieved to have gotten his judgment, he was worried he knew he had no real case or argument. I do know one thing.....if there is another I case will go for a motion for change of venue LOL. Can't stand a judge slobbering all over the paperwork! Had in back of my mind that this County Bumpkin judge would pull just this......didn't think he'd do it without stating any justification. That's why I detailed all my points of law and Objected to his statements in the MSJ and moved to strike them in my Response, to preserve on appeal...............brought up the deficiencies of affidavit, bill of sale, affiants lack of qualifications (affidavit document specialist...not even a records keeper)......He didn't even respond to that, just got glassy eyed look.....a Plaintiffs Lap Dog..... So filling out paperwork for "Petition in Error" for a de novo review and gathering up info, already got court clerk working to certify all filings and mail them to me for submission to Appeal Court with the Petition in Error. Called JAMS and going to get them hold case open for awhile....if I can get a reversal I'm sure going to drag them right back in and cost them 5 times what they would get............even though I am collection proof and they won't get anything anyway LOL. Anything else come to mind that I can do to make Plaintiffs Attorney miserable with? If I get my paupers affidavit ok'd (money, money, money) with Appeal Court I'll be looking at a Writ for Centaru if need be. At least on the Appeal there will be 3 judges taking a fresh look....and they only have the written record so maybe they will actually read it and apply law. I'll try and get all the documents redacted an posted in a day or two...some up now. Check sig line for other post. type..type....type.......type........................