david9041

PART TWO arbitration Works ? MG05/Trueq

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PART TWO arbitration Works ? MG05/Trueq

Mostly because of what I seen posted by Trueq and MG05 I started sending DV letters and stated I was demanding Arbitration , The phone calls soon went from 15 to 20 a day to less than that in a week and even less now and I started getting letters from them that they would not be calling me again , so if the question is does that work ? I would say yes it does without question .

All 4 court cases went on a 60 day stay that was to be lifted if I did not initiate arbitration , so I took case 1763 into arbitration and let the other 3 cases in court and let the 60 day stays expire just in case the arbitration did not work .

What was interesting is that when I filed the arbitration I got a call from Cap1's in-house lawyer stating they were willing to drop all 4 lawsuits if I was willing to dismiss all action against Cap1 . So if the question is did arbitration work ? I would have to say yes without question it worked . But I declined their offer and told them that unless they were willing to pay us $10,000 I would continue with arbitration , they then paid their arbitration fees and even paid my fees because of the waiver I sent to JAMS .

Now here is the important thing for everyone thinking about arbitration because in my cases they never served me and the server falsified the Verified return of service and then Cap1 lawyers presented the false evidence even when they knew it was false , if it had not been for that fact I would have taken the walk-away offer and ended the lawsuits and the arbitration . But regardless of what happens from this day forward the act of electing arbitration was the right move , it stopped all their SJ's and got me a real good offer so how could I say anything but it was a good move ?

You need the subject of arbitration on your site for the many people that can benefit from it , for all that want to stall things till they can figure out what to do its a real good tool to use , I myself will continue to fight regardless if the outcome is win , lose , or draw . I only decided to fight this because what I seen Cap1 doing was and is morally wrong and needs to be stopped , I see nothing wrong with Cap1 filing the lawsuits against us , they have that right , its the way they disrespect our laws and rules that I see as the problem .

I have a several questions for all the lawyers that are helping people on this site , when I first started posting I had just finished ( not done yet ) dealing with the State Farm Lawyers and seen how they were willing to lie and not follow their lawyers oath , and please understand the lies are documented , so in a lot of my posts a lot of my statements were anti lawyers remarks and I knew the lawyers on the site might get offended but truth is always true and must be presented in a true fashion .

I see Morgan & Morgan advertise on TV all the time and the act like they are for the people so I called them and then filled out all the paper work they sent , I explained in detail that Cap1 and their lawyers and the process server had

1 . Failed to Motion the Court to appoint a Process Server --- Violation of our Rules Of Civil Procedures

2 . Used a Process Server without the Courts Order --- Violation of our Rules Of Civil Procedures

3 . Failed to serve a Summons on me --- Violation of our Rules Of Civil Procedures

4 . The Server falsified the Verified Return Of Service , stated I was personally served --- Violation of our Rules Of Civil Procedures and an act of Fraud Upon The Court

5 . Failed to follow Due diligence when we notified everyone repeatedly that the service of summons was defective . Violation of Ethics

6 . Knowing the service was defective submitted the the false Verified Return Of Service --- Violation of our Rules Of Civil Procedures and an act of Fraud Upon The Court

7 . Submitted evidence that was false as presented ( was not related to the case in any way ) --- Violation of our Rules Of Civil Procedures and an act of Fraud Upon The Court

8 . When shown proof that the Verified Return Of Service was falsified and requested to withdraw the false evidence they refused . Violation ?

9 . To this day they are denying that the service was defective after being shown Airline tickets , debit card charges , signed copies of hotel check- in and check-out , paperwork from Airline all that show I was in Las Vegas at the time the server say's I was personally served in Port Richey Florida .

10 . I went to the Court on-line records and reviewed a 30 day period of past cases like mine . Out of 250 cases 167 cases Cap1 had not followed our Rules Of Civil Procedures yet they got either default judgments or SJ and even turned up a letter from the judge to Cap1 lawyers that they had been doing this and must stop .

Yesterday I got a letter from Morgan & Morgan that they would not take my case ?

Now my question to the lawyers on this site is why a lawyer would look at this situation and then not want to take the case ?

Do not they see that our law system should not work this way ?

Do they not care that their fellow lawyers are making a mockery of the legal system ?

Do they think the oath they take is worth protecting ?

Or will they just ignore these questions ?

Note-- It will be interesting to see what the Florida Bar is any value at all . After threatning for months that I was going to the Florida Bar and file a complaint , they ignored me so I filed the complaint on two of their lawyers , the Bar did open a file on them and when they both answerd the Bars requests and even lied more so I sent Proof that they were now expanding on their lies . That were I am at now . The Bar did send me a letter yesterday that it was going to be transfered to the Bar councel and I may be hearing from them soon , Not sure what that step means .

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You need the subject of arbitration on your site for the many people that can benefit from it , for all that want to stall things till they can figure out what to do its a real good tool to use
IMO, that's the point. Invoking their own arbitration clause is sometimes a way to stall.

That doesn't make the debt go away. You still owe it. They still own it. They may still try to collect (maybe not through the courts). they may decide to pony up the money and go through with the arbitration...which you stand a real good chance of losing. They may still sell it. And, if they do give up, you'll still get a 1099c for the "forgiven debt".

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Yup - you are nnot making a truthful statement here - your case is stalled, not completed.

This is a warning of violating this forum's rules:

1. bring up debt validation after court

2. saying that arbitration works when all it does it stalls.

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Willingtocope . Point well taken , this case was in court for 9 months , Cap1 refused all demands for a proper detailed accounting , the 1st thing I demanded in arbitration was a detailed accounting and full discloser of their records they had on this case , they sent me almost 700 documents but I requested another hearing because I wanted a simple accounting of amount borrowed , amount paid back , total interest charged and all other charges listed and identified .

The arbitrator agreed because he could not understand their spread sheets , 30 days later they sent it , apx figures were borrowed 4,000 paid back 3,750 so their figures showed I owed apx 250 plus interest . Their demanding apx 5000 plus 2500 in other cost and legal expenses and will be spending about 12,000 to 15,000 in arbitration fees . I have in tern filed a 300,000 claim against them for their illegal actions , they just now added yet another law firm and lawyer , so far 8 lawyers and 3 law firms have been involved , I am kind of like a cash cow for these lawyers , maybe I will get some thank you letters from these lawyers when this is over .

You mentioned the1099c ? If they did would I only be libel for the 250 gain I had ? Why would I be expected to pay anything on their expected profits ?

Here is a real twist to this account they just gave the arbitrator an opened account date 2001 but in court they had my motion denied by presenting a document that shows the opening date 1998 , I asked them in discovery to admit the document the submitted to the court was wrong and false as presented , they denied it ?

They have already paid over 2,000 for arbitration and I have 3 more cases I will put into arbitration .

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Yup - you are nnot making a truthful statement here - your case is stalled, not completed.

This is a warning of violating this forum's rules:

1. bring up debt validation after court

2. saying that arbitration works when all it does it stalls.

I agree with you 100% and do not want to make any false statements , I am saying it works if you are being treated wrong in court and you want to stall , Weather I will win or not will be known when its over , I think it might be a question of judgment now or judgment next year ? A year to get ready for something may look good to some of us

admin , I see the value of what your doing in trying to keep people from using advice that may harm them , but please look at the complete picture ,

there may be some good that people lose by not having all the information .

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Because it is too complicated? Television law firms like simple and easy.

FlaLawyer , yes it is complicated , I am going to try filing my own lawsuits , I figure , 3 against the server , 3 against the Server Company , 3 against the local lawyer , 3 against Rubin & Debski , 3 against Cap1 , the odds are I should win some of them ?

I will get better as I go along .

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You are going to file 15 lawsuits? are you aware how expensive that is?

No , not really , I know I'm broke but when your on the bottom it can only get better , no down side at all , I can file with Indigent status from what I read .

I figure some of them would settle without even going to Court , that's the Process company's , how could they put up a defense ? So I'm thinking if I start at the bottom , the server and work my way up , where I say 3 may end up only one because if I would win the 1st one they would just settle the next two , they falsified 3 separate lawsuits .

How expensive do you think it would be ?

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I agree with you 100% and do not want to make any false statements , I am saying it works if you are being treated wrong in court and you want to stall , Weather I will win or not will be known when its over , I think it might be a question of judgment now or judgment next year ? A year to get ready for something may look good to some of us

admin , I see the value of what your doing in trying to keep people from using advice that may harm them , but please look at the complete picture ,

there may be some good that people lose by not having all the information .

Personal experience fine, debt validation not allowed.

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Personal experience fine, debt validation not allowed.

admin , at the risk of looking dumb I have to say I don't understand what you mean by debt validation not allowed ? I thought you meant they would not give you a debt validation after they started Court action .

If it was something I posted about the debt validation itself what was it that was not allowed ?

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I too am not sure how this fits in the sceme of your posts and the New Rules II. As I recall there was information regarding adding election of arbitration to DV letters in this forum, as a precursor. Certainly doing this without understanding the full ramifacations of adding that line to a DV letter could cause issues for folks not intending to use arbitration.

I could use some expanded clarifacation from the Admin.

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If you're talking about arbitration - you're talking about court or a substitue for court. And to state this for the one billionth time, once you're in a court situation, debt validation is useless.

If you are contacted (not sued) by a collection agency you can request debt validation via the normal course of things. Fine. Post in the debt validation forum for details on DV methodology.

Debt validation and arbitration are completely unrelated in any shape or form. People are really confused about debt validation enough as it is - so I don't want the waters muddied at all. In this forum, no talk of debt validation period.

The mythic DV-Arbitration letter is complete fiction and potentially damaging. Talk of this nonsense in when discussing the arbitration forum is not allowed.

If you want, you can tell them you are electing arbitration, Post here, then. But to tell a collector you are electing arbitration when they are NOT suing you?? That's crazy, IMHO. Why not just DV them and see if they go away? Collectors will oftentimes disappear after a debt validation request. It happens all the time. If you say you're electing arbitration at this point (before court) you are WAY jumping the gun.

I'll say it again. No debt validation talk here in the arbitration forum. We have another forum for that. Once you've played your hand at debt validation and you want to try arbitration then come back here and post.

Comments above are not subject to debate. Sorry.

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How expensive do you think it would be ?

depends on how expensive it is to file lawsuits in Florida. Up here it's $45 each (and that is pretty cheap considering I've seen some places as high as $305). And then you would have to pay someone to serve the papers which can range from $20-$50 per summons.

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I see Morgan & Morgan advertise on TV all the time and the act like they are for the people

They advertise all kinds of stuff, but are primarily a PI firm. You want to find someone who focuses the practice on collection abuse.

The last firm I was with advertised all kinds of stuff too, but we only took cases that met certain criteria. The others got the template, "after careful consideration, we have determined that we cannot accept your case, etc." That ususally meant the case was probably more trouble than it was worth.

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But to tell a collector you are electing arbitration when they are NOT suing you?? That's crazy, IMHO. Why not just DV them and see if they go away? Collectors will oftentimes disappear after a debt validation request. It happens all the time. If you say you're electing arbitration at this point (before court) you are WAY jumping the gun.

I'll say it again. No debt validation talk here in the arbitration forum. We have another forum for that. Once you've played your hand at debt validation and you want to try arbitration then come back here and post.

Comments above are not subject to debate. Sorry.

I understand that all DV letters should not have anything about arbitration as you are correct once a DV is sent the file gets sold or no further action may transpire. Although there is a real value in having that line in a DV letter once you understand the entire strategy. The value is that it sets up a "breach of contract" event for consumer to use later in negociation or if you end up in court and need to file MTC which is in most cases your intentions were clear from the begining.

I am sure we can work around this if that is the desire.....

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They advertise all kinds of stuff, but are primarily a PI firm. You want to find someone who focuses the practice on collection abuse.

The last firm I was with advertised all kinds of stuff too, but we only took cases that met certain criteria. The others got the template, "after careful consideration, we have determined that we cannot accept your case, etc." That ususally meant the case was probably more trouble than it was worth.

Do you think after seeing all the illegal things they have done that there would be a lawyer that would want to take a case like this and if so how would you find them ?

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Why file 15 cases? If the incident arises out of the same transaction just file one case with 15 defendants.

Its only 15 because it was repeated 3 times by 5 defendants , and it would more or less be a pay back for them filing 4 lawsuits , I feel they did that just to over-load me , even when I got into arbitration it was just one case 1763 and they sent me about 700 documents because I had asked for a detailed accounting , even the arbitrator thought is was dumb .

Why do you think no lawyer seem to want to take my cases , with a lawyer and the fact that they would have to pay the lawyer fees would cause them to think about settling these issues , the letter from Morgan & Morgan stated almost $1,000 per hour .

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But the 4 lawsuits were for different accounts. Wasn't one a JDB and three Capital One. Why in the world would Capital One have any control over a JDB?

If the defendants can claim a similar nexus between the 15 lawsuits they will just move to consolidate the cases into one or three depending on the factual bases of the cases.

I do not know why a lawyer will not take your case. There are many reasons and many lawyers.

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But the 4 lawsuits were for different accounts. Wasn't one a JDB and three Capital One. Why in the world would Capital One have any control over a JDB?

If the defendants can claim a similar nexus between the 15 lawsuits they will just move to consolidate the cases into one or three depending on the factual bases of the cases.

I do not know why a lawyer will not take your case. There are many reasons and many lawyers.

Wow,

Of all the people I'm most disappointed with, you are the one that hurts me the most.

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But the 4 lawsuits were for different accounts. Wasn't one a JDB and three Capital One. Why in the world would Capital One have any control over a JDB?

If the defendants can claim a similar nexus between the 15 lawsuits they will just move to consolidate the cases into one or three depending on the factual bases of the cases.

I do not know why a lawyer will not take your case. There are many reasons and many lawyers.

Thanks , I have 4 Cap1 cases and one JDB , the JDB went for SJ once already , I argued it was premature and the Judge denied it , they have now went for a second SJ , the hearing is Wed, this week , I think I can get it denied .

If I just file one suit and nothing more for a few months , they would have a hard time joining them correct ? I am now reading up on the filing of a lawsuit , If I charge them with fraud I can stretch this out for 4 years correct ? I am playing this by ear so anything I hear will help .

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