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Showing results for tags 'sanctions'.
I am in Oregon. was sued by Zwicker for USBank. First, they cheated on service and default (signed on day 29 of 30). I had default nullified. Then, I was denied right to appear at arb. hearing after being told i could pay fees anytime before the hearing, then told of 14 day limit ON DAY 16. But I was able to acquire - legally - unequivocal evidence of Ex Parte emails between Zwicker associate and arbitrator. Arbitrator even offered costs not pleaded for, if Zwick chose to amend and ask for them. I played naive and asked about certain things, and both lied outright, then tried to tell me BS so i would not inform court - "it's irrelevent" "your hyperbole and accusations are improper. my actions were completely correct." etc. Any advice on how BEST to use this evidence, to both support my case, and to hold these people accountable?
I would like to write a Motion for Sanctions so I could point out to the Court how Midland was providing them with false information. Does anyone have any suggestions as how to do that? Do I just list what they have lied about (when they rcvd my Motion, the fact that they DO arbitrate with AAA, etc?) It was suggested that it might be an FDCPA violation that they suggested we couldn't arbitrate. Does anyone know if that is correct? Any help is greatly appreciated.
Hi- These forums have been extremely helpful as we've prepared defense paperwork on what appears to be junk debt buying by LVNV Funding represented by Nelson Kennard in Sacramento, CA. We responded to their discovery req. for Adm, Prod of Docs and Form Interrog. with help from many on this forum. We've met for CM and Settlement Conf. and trial date is set for 6/6/14. (At the CM and Settlement Conf., Nelson& Kennard sent a local atty who was not familiar with the case and appeared confused. He did agree to the trial date) We sent our own Discovery request on 12/31/13 and Plaintiff has not responded at all. We have read a lot of conflicting information on Motion to Compel - should it be sent? We've read on the forum that it forces the Plaintiff to do their homework, and it may be better to sit back and respond to any of their filings. We want to make sure we follow through with best practice for a most positive outcome. What is the next best step for us? More importantly, how do we correctly create and file a Motion to Compel Discovery and how do we create and file a "Motion to Deem admitted" our Req. for Admissions? We've researched and can't seem to find a "template" to follow for these 2 items. We would appreciate any guidance. On the forums, we've read that the date for the 45 day time period clock for filing a Motion to Compel starts with the date that the Responding party actually responds. We have not received any response, so are wondering if there is any due date for this since the time clock has not appeared to start. Lastly, can we request sanctions? How much is reasonable and is this a separate motion as well? Thanks!
Great Pro Se Success Story in New York. http://law.justia.com/cases/new-york/other-courts/2012/2012-ny-slip-op-50974-u.html