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Hearing tomorrow!!! Need help!!!


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Question - I noticed a good deal of attys requesting telephone court 'appearance' and recently read that you can object to that. (Why make it easier for THEM, when YOU have to show up?) Also, you can assume that if you hoped to get any validation or copies of what you've requested, it will not be rendered, as the atty is ON THE PHONE. CAN the defendant tell the court that they require the plaintiff to be present (in person) and if so,WHEN do they do that? (Suppose you find on court access site that your upcoming court date shows plaintiff appearing via teleconference.)?

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Both parties have to be in agreement...if there is not objection...there is agreement.

I did this once. Man did it piss off opposing counsel. 2 minute hearing, 5 hour drive.

(They should have just dismissed rather than messing with me.)

They are caught in arbitration trap now.

Send copy to court and opposing counsel. It has to be done timely.

I will look up statue. EDIT **** Statue depends on motion.

I can tell you what statue if you know what kind of motion.

Edited by trueq
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Okay, so I just got back from court. And the judge allowed to reopen the case and vacate the judgment. However, he is scheduling another hearing where the discovery should be presented and the notice to cure should have been served...He was too nice.

Anywho...I'm going to need help, Riebe, stated that their client doesn't fall under the 425.109. What's up with that? Can someone explain?

I tried to go for the immediate dismissal but he said that that wouldn't give the other side enough time to serve a notice to cure. The next hearing will be in February.

Any tips on what should be next? I have my motion to dismiss already drawn up but something tells me that they're going to try to squirm out of this one....We shall see!!!

Thanks for all the helps guys, I couldn't have done it alone :D

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Riebe wouldn't know law if it hit him between the eyes.

425.109 (2) is the creditor documentation requirement. (Have to provide credit card statments back to zero under Newgard vs. Bank of America.)

JDB is not subject to this requirment under Michaud ruling

JDB is required under 425.104 & 105 to provide Notice of right to cure 15 days prior to suit! Read the statue, this notice has very specific requirments. Failure to provide proper and timely notice under this statue bars the suit. (Its more effective then bar by SOL)

They cannot fix this by serving notice during action! They have to prove to the court it was served to you 15 days or more prior to suing you!

You need to educate Riebe and judge.

Very few consumer litigants raise this issue.

If you lose the MTD motion on this, then exercise the arbitration clause. Make Riebe initiate. Their law firm does nothing when judge orders them to initiate!

Edited by trueq
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Thanks for all the help. Riebe definitely didn't want the case to be reopened. It's likely because he knew he had a bad case. The items submitted for "evidence" was an old statement, with no signature on it, totally nothing even close to what they're demanding.

Riebe also claimed that he was planning on serving a discovery. How do you think he'll trip up on this?

Also, I think arbitration would be my best option at this point, seeing that the judge isn't willing to dismiss without everyone telling they're side of the story. How does this work? Can I initiate it now? Do I need to draw up a motion?

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but is very short on action.

Good chance you will not get discovery.

Schedule a MTD on the 425.104 & 105 issue, I think you have the motion I copied.

If this fails, then exercise the arbitration clause.

Play Riebe up, stroke his ego,..."Judge he's the smart legal professional, it only makes sense he initiate the arbitration!"

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  • 2 months later...

Okay, so I have another court date coming up March 5th, and I'm really tired of Riebe.

I want to enact the arbitration clause and I'm wondering how to do that. I sent a discovery a while back but, he didn't respond to it. He also sent me a "notice of interrogations" or something like that, that I was supposed to respond to. I'm wondering what should be my logical next step.

Its ridiculous what they're asking for, and I'm leaning on the arbitration route. Highly doubtful that Riebe will initiate this himself, so how do I get this started?

Thanks so much in advance!!

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http://www.debt-consolidation-credit-repair-service.com/forums/showpost.php?p=1027530&postcount=11

send letter like that...

here's procedure for arbitration (global picture)

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=299152

Scoreboard:

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=299233&highlight=scoreboard

Riebie didn't want to deal?

Read this: (another lawyer in his firm was the hallway chat)

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=300153&highlight=leverage

Did I tell you how impressed I was that you unwond that judgment?

This is the kind of leverage you want!!!!!

Edited by trueq
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http://www.debt-consolidation-credit-repair-service.com/forums/showpost.php?p=1027530&postcount=11

send letter like that...

here's procedure for arbitration (global picture)

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=299152

Scoreboard:

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=299233&highlight=scoreboard

Riebie didn't want to deal?

Read this: (another lawyer in his firm was the hallway chat)

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=300153&highlight=leverage

Did I tell you how impressed I was that you unwond that judgment?

This is the kind of leverage you want!!!!!

nice!

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I sent a discovery to Riebe a while back, and he never responded to it. He said that he wasn't obligated to do so because the first hearing I missed and the judge pronounced a default judgment on it, and he was no longer obligated to respond to my request for one.

Should I just send another one so if he fails to respond to that one he "should" elect for arbitration.

What do you think?

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I would not do that if you are going arbitration route. You can WAIVE your right to contractual arbitration if you participate in litigation to a point where it frustrates the litigation.

Meaning discovery may waive your right to arbitration.

Every judge is different.

If you want arbitration, exercise it now.

This law firm is completely confused by the current state of the arbitration forums.

Force them to confusion. Watch and laugh.

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PM me a fax number.

If no fax, I can USPS it.

Anyone that gets a judgment vacate againt Riebe deserves free postage!

Ohh and Chase agreement you can demand $500 for arbitration fees. In your election letter, tell Riebe to make check out to you!!!! (Otherwise you will consider him in breach)

Translation, you will have no consumer fees for this!

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Quick question...

So, I was just sent a letter from Riebe, stating that he has decided to dismiss the case, don't have it in front of me so I don't recall if it was with prejudice or without.

I'm wondering 1) does it matter if it's dismissed with or without prejudice? and 2) can this lawsuit be brought up again?

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Quick question...

So, I was just sent a letter from Riebe, stating that he has decided to dismiss the case, don't have it in front of me so I don't recall if it was with prejudice or without.

I'm wondering 1) does it matter if it's dismissed with or without prejudice? and 2) can this lawsuit be brought up again?

W/out means that they CAN bring it again, but they may or may not. With means that they CANNOT 8-)

Congrats on the dismisal. xdancex The one dismisal I got was w/out but they never bothered to sue again, and now it's SOL so if they try, I have an afirmative defense.

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Went from judgment, to vacation of judgement, to arbitration exercise, to complete victory!!!!

WOW!!!!

Next, you want "with prejudice".

HOWEVER!

If he insists "without prejudice" (meaning it can be brought again), make sure he adds the following language to dismisal order (or write a letter to judge demanding this language in the dismissal order).

"Defendant, Mrs. X, maintains the election of arbitration for any and all disputes involved and contained in the dismissal order of this case."

If that is in there, and they sue again, they have violated Wisconsin Consumer law at Wis Stats. 427.104(j). So inserting that seemingly innocuous phrase essentially gets you a back door "with prejudice".

Rausch knows arbitration is expensive, so there is little worry they will arbitrate the claim.

Again WOW!!!! You are the personification of a kick butt pro se' litigant!

You are going on the arbitration scoreboard!!!!

Did I say "WOW!"

Edited by trueq
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So I finally just got home, and read the letter because I was wondering what the language was and its said requesting the suit to be dismissed "with prejudice"!! Yay!! I'm so happy that this is done!!! Whoo-hoo!!xdancexxdancexxdancexxdancexxdancexxdancexxdancexxdancexxdancexxdancex

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