Jump to content

Rebelady....READ THIS


trueq
 Share

Recommended Posts

Your private message settings are set too tight. I was not able to send the private message to you. Since its just General advice, I posted here for everyone's benefit:

______________________________________

First off, AAA and NAF are no longer available. They were scams. MN AG put NAF out of credit card arbitration business. AAA surrendered. Thats why I talk about JAMS. They avoid legal issues because they purposely look out for consumers with "minimum standards of consumer fairness" policies. (and credit card almost always pays arbitration fees!)

Second, if IN is like WI with its small claims procedure. What you have coming up is "return date". You either have to submit a formal answer in writing before the date OR show up and say "I contest". It then gets thrown into small claims procedure "tunnel". If you fail to answer in writing or fail to show up to verbally contest, (its best to answer in writing anyway after a verbal "I contest".) they will issue a default judgment against you.

*****NO MATTER WHAT YOU DO OR DECIDE, I WOULD ANSWER IN WRITING BY NEXT WEEK****

What constitutes a good answer to a lawsuit?

1.) Get a good consumer attorney NOW.

OR

2.) Search good consumer attorneys on local courthouse search case index. See who constantly beats these JDB's. write down case #'s. GO TO COURTHOUSE AND pull those files at courthouse! COPY THOSE PLEADINGS!

Don't reinvent wheel. COPY AND CONQUER!

If, after doing this, the winning point does not present itself....or judge seems "exaserbated" that someone like yourself should not be contesting this (bad judge)....

Exercise JAMS arbitration on them!

(Just send letter to opposing counsel and COURT. "pursuant to page #264 (look up actual page #)in Cap1 agreement attached to summons and complaint, I hereby elect to resolve this dispute by arbitration."

"Since ELECTION of arbitration waives either parties right to litigate in court, I expect dismissal of this case no later than 30 days from date of this letter."

sincerely,

Defendant

You probably will not get a dismissal, but judge should "stay" or "freeze" the case until arbitration takes place. Caution: debt attoreny will possibly scream bloody murder about this. They may ask judge for you to initiate arbitration Say, "Judge I can't afford the $250 to initiate and forward THEIR claim in JAMS. (Only fee is $250 to consumer, only if consumer has to initiate. Nothing for consumer, if Cap1 has to initate.) It makes sense for Cap1 to initiate arbitration because I understand a cardholder amendment they withheld from this court forces Cap1 to forward $500 in arbitration fees to me anyway, which Cap1 has not done."

"It just makes sense, in fairness, for Cap1 to initiate the arbitration to forward their alleged claim."

Even if you have to file and pay the $250 initial JAMS consumer fee, (this gives you benefit of choosing JAMS location, arbitrator, which set of JAMS rules (steamlined or non-streamlined), and completely filing a huge six figure claim against them!!!!) Cap1 has to still pay the remaining $150 of remaining $400 JAMS initial case managment fee. I have 2 JAMS cases where I was ordered to initiate by Cap1 and Cap1 has REFUSED, thus far, to pay $150 in remaining JAMS case management fees to forward the $100,000+ arbitration claim I filed against them (their counterclaim will be $3000 & $6000). DESPITE THE COURT ORDER TO ARBITRATE!

Translation: this is a HUGE pain in the butt for debt attorney. Especially if you fiercely go after Cap1 with the arbitration process. (In my case, it was easy, WI debt collection law encompasses OC!)

EDIT CAUTION: State law does vary. My free advice may not be effective in your state, because I live in a consumer haven compared to some other states with "backwater" laws by comparison.

Edited by trueq
Link to comment
Share on other sites

trueq, so if I understand you right, If the defendant doesn't initiate, if they ask the judge to force Cap 1 to initiate, do they get to pick the aribrator and location. Wouldn't it be better to initiate and then pick the arbitrator and venue? I suppose you could still try to get Cap 1 to pay the fee.

Link to comment
Share on other sites

1.) If you initiate, you pay the $250, you get to pick those things (subject to Cap1's objections)

2.) If they initiate, they pick (subject to your objections.), but they pay ALL FEES.

Your call.

I highly reccomend, if they initiate, YOU OBJECT,to everything. Object to the arbirator choice, Object to the JAMS office location chosen. Object to the "streamlined" set of rules. Combined with the arbitration claim/counterclaim you file against them and a motion for following your states discovery rules...preliminaries could take 6-12 months minimum to sort out.

For good measure, if arbitrator objection goes against you, demand the 3 person arbitrator panel!

That could take another 6 months. (usually each side picks one and 2 arbitrators pick 3rd.)

Then you can start discovery.

There is one thing I've learned over the last 8 years being part of a massive class litigation settlement where arbitration was elected to resolve future settlement dispute problems: (both sides believed, falsely, at time of settlement, that arbitration was easy, cheap, and a speedy alternative to litigation)

The reality is: (and talk to any lawyer about this, very few disagree.)

1.) Arbitration is not fast. (which is always good for debtor)

2.) Arbitration is not cheap (so this is why its great credit card company pays under JAMS).

3.) Arbitration is private. (I saw crap in arbitration that courts will never let you get away with. If you are smart, you can use this to your advantage.)

Point is: Arbitration is slow and EXPENSIVE. If someone is suing you, and was dumb enough to put the arbitration clause in, make them pay and pay hard!

If you have a lawyer that wants to take it on and you are sure to win, and you live in a consumer state like mine, where OC would pay your attorney's fees upon losing, rack up your lawyer fees too! Its full employment for the consumer lawyer!

Don't make it easy on Cap1 to get money from you! You already did that with the bank bailout!

Edited by trueq
Link to comment
Share on other sites

1.) If you initiate, you pay the $250, you get to pick those things (subject to Cap1's objections)

2.) If they initiate, they pick (subject to your objections.), but they pay ALL FEES.

Your call.

I highly reccomend, if they initiate, YOU OBJECT,to everything. Object to the arbirator choice, Object to the JAMS office location chosen. Object to the "streamlined" set of rules. Combined with the arbitration claim/counterclaim you file against them and a motion for following your states discovery rules...preliminaries could take 6-12 months minimum to sort out.

For good measure, if arbitrator objection goes against you, demand the 3 person arbitrator panel!

That could take another 6 months. (usually each side picks one and 2 arbitrators pick 3rd.)

Then you can start discovery.

There is one thing I've learned over the last 8 years being part of a massive class litigation settlement where arbitration was elected to resolve future settlement dispute problems: (both sides believed, falsely, at time of settlement, that arbitration was easy, cheap, and a speedy alternative to litigation)

The reality is: (and talk to any lawyer about this, very few disagree.)

1.) Arbitration is not fast. (which is always good for debtor)

2.) Arbitration is not cheap (so this is why its great credit card company pays under JAMS).

3.) Arbitration is private. (I saw crap in arbitration that courts will never let you get away with. If you are smart, you can use this to your advantage.)

Point is: Arbitration is slow and EXPENSIVE. If someone is suing you, and was dumb enough to put the arbitration clause in, make them pay and pay hard!

If you have a lawyer that wants to take it on and you are sure to win, and you live in a consumer state like mine, where OC would pay your attorney's fees upon losing, rack up your lawyer fees too! Its full employment for the consumer lawyer!

Don't make it easy on Cap1 to get money from you! You already did that with the bank bailout!

From reading the JAMS consumer minimum fairness standards, I understand that the ONLY fee the consumer is liable for is the initiation fee....the cc company pays for EVERYTHING else.

"7. With respect to the cost of the arbitration, when a consumer initiates arbitration against the company, the only fee required to be paid by the consumer is $250, which is approximately equivalent to current Court filing fees. All other costs must be borne by the company including any remaining JAMS Case Management Fee and all professional fees for the arbitrator's services. When the company is the claiming party initiating an arbitration against the consumer, the company will be required to pay all costs associated with the arbitration."

Am I reading this wrong??

Link to comment
Share on other sites

Thats precisely what I said.

The JAMS initial case managment fee is $400.

IF consumer intiates claim with JAMS. Consumer pays first $250. Credit card company responsible for remaining $150. NO MATTER WHAT. Credit card company pays all future case fees! If credit card company balks at paying the remaining $150 of the initial $400 case managment fee, neither your cliam or their claim can advance in JAMS arbitration!

If credit card company initiates with JAMS, They pay initial $400 case managment fees. Consumer pays nothing! NADA!

Its important that you indicate that you are a "consumer" when dealing with JAMS!

Edited by trueq
Link to comment
Share on other sites

Very interesting trueq.

By the way, Midlands has not shown me any copies of original documents.

This is Massachusetts. My plan right now is to contest this latest motion of Midlands. The date was set for case management conference, not for judgment.

On the NOTICE OF CASE MANAGEMENT CONFERENCE

"Agenda. The purpose of the case management conference is to determine the trial readiness of the case; offer and conduct early - intervention alternative dispute resolution; establish deadlines for discovery, amendment of pleading, addition of parties, dispositive motions, and disclosure of expert witnesses; resolve any discovery dispute and address pending motions; review any proposed case management orders submitted by any party; enter case management orders as appropriate; and assign a firm trial date for cases ready for trial or a firm pretrial conference date for all cases not ready for trial. "

In the hopefully unlikely event judge grants Midlands a judgment on this date then I appeal. But how likely is that going to be? They only say they have documents, they haven't produced anything.

I guess my question is if the lawyer representing Midlands shows up in court with real copies or proof or whatever ( even though they haven't shown it to me beforehand and I haven't properly asked for it ) , can they still get a judgment without a trial?

Edited by endofmyrope
Link to comment
Share on other sites

before trial, but you could oppose.

Summary Judgment is a difficult creature if judge considers you 100% guilty.

You could bring up valid points of disputed fact in your counter affidavit, but if a railroad judge is going to ignore those facts because he considers you guilty, you have to make that evaluation BEFORE summary judgment.

I escaped summary judgment with one judge with JAMS arbitration. There was no question this judge was going to "rack me up", I was guilty the minute the complaint hit his court. He took 3 weeks to decide whether to grant arbitration or set hearing for Cap1's summary judgment motion and it was a tortuous memorandum decision on how he didn't want to grant arbitration and that I'm usuing the contract to aver summary judgment and Cap1 was essentially dumb for putting such a clause in the contract. (In essence, I escaped the summary judgment he would have granted.)

With Midland, its all over the map. It comes down to the quality of local lawyer representing Midland.

If you feel like you are going to lose a Midland summary judgment motion, pull the arbitration card. Otherwise, it sounds like you got a handle on this.

I would send discovery to shake the cardholder agreement out of them.

Send them an admission on whether an arbitration clause exists. See if they lie about that. (Make sure you have cross document production demanding all documents in their possession backing up admissions or denials.) For example, if they admit arbitration clause, make them produce it!

If they lie. Oh boy. Can you say "teed up for massive lawsuit" against Midland!!!!

Edited by trueq
Link to comment
Share on other sites

trueq,

Thanks for the reply. I appreciate it. Sorry it took so long to get back to ya but I think I've gotten my settings fixed. I had read one of your discussions with someone else and was looking for what might be a good thing for me to do.

Now...here's the deal...you're gonna love this one...lololol

What I think has happened here is that this law firm came to town with a bunch (1-100 suits...you pick a number lol) of suits to file. Somehow between here and there...the paperwork has gotten mixed up. I ended up with someone else's paperwork and they ended up with mine! So what has happened is that this law firm is suing me for a debt that is NOT mine...never was...never will be. I've never had a credit card from Capital One Bank....ever!!

Not only that...the amount the summons says I owe is totally different than the amount they claimed I owed in all the other correspondence they've sent me. Now...I've gotta ask you...would a CA sue someone for a debt they cannot validate and the amount is half as much as they would get if they sued on the debt they can and did validate?? I doubt it...lol.

Not sure what my next move will be. There's nothing on this summons for me to answer. I'm thinking I'll just lay low until the court date and hope this law firm doesn't notice the error before that. I'd love to catch them with egg all over their face before the judge when the first thing I say is, "This debt is not mine nor have I ever been notified in writing via any dunning letter about it...therefore, this law firm has successfully violated the entire first and second paragraph of the FDCPA and as a result, I demand a dismissal with prejudice!!"

lololol...gonna be a fun day for me....

Thanks again,

RebelLady

Link to comment
Share on other sites

First,

You never got service, so suit against you should be dismissed go

Make sure you go to hearing in suit your were not served!

Show up and explain what you got. Judge should immediately dismiss.

But before that, get incredulous about scumbag debt attorney disclosing this false summons to you and dragging you here for no reason---motion for costs.

Link to comment
Share on other sites

First,

You never got service, so suit against you should be dismissed go

Make sure you go to hearing in suit your were not served!

I've never been to court for anything. What does this mean? I wasn't planning on even mentioning the suit I wasn't served on. I was simply gonna concentrate on the suit I was served on...the false suit.

Show up and explain what you got. Judge should immediately dismiss.

Again, I wasn't gonna even mention the other suit to the judge. I was gonna concentrate my efforts on proving that the suit I was filed on isn't mine.

But before that, get incredulous about scumbag debt attorney disclosing this false summons to you and dragging you here for no reason---motion for costs.

I just talked to a consumer attorney and he says for now I just need to get this suit dismissed...then call him back and we can discuss filing a suit against the CA and the attorneys for their FDCPA violations.

Thanks again for responding. Just hoping that getting this suit dismissed will be the slam dunk I'm told it should be. I've never been to court or even inside a courtroom and am scared to death I'll blow it...lol

RebelLady

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.