Bradly1

SAMPLE CASE FILE WHEN EXECUTING ARBITRATION:)

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Date Text

05/18/2010 SIGNED ORDER-STIPULATED DISMISSAL WITH PREJUDICE GRANTED

05/13/2010 COURT MINUTES Court Location: RJC COURT ROOM 8D - DEPARTMENT 12 Check In: Judge: XXXXX, XXX Location: RJC COURT ROOM XD - DEPARTMENT 12 Staff: XXXXX,XXXX - COURT ROOM CLERK: Present Prosecutors: Parties: CAPITAL ONE BANK USA NA - PLAINTIFF: Present MR LAYWER- Attorney for PLAINTIFF: Not Present MR LAYWERS SIDEKICK - Attorney for PLAINTIFF: Present ME, MYSELF AND I - DEFENDANT: Present The following event: MOTION TO COMPEL scheduled for 05/13/2010 at 10:30 am has been resulted as follows: Result: VACATED Case Disposition: Disposition Code: STIPULATED DISMISSAL Disposition Date: 05/13/2010 Case Status: CLOSED Case Status Date: 01/21/2010

05/13/2010 VACATED COURT DATE The following event: MOTION TO COMPEL scheduled for 05/13/2010 at 10:30 am has been resulted as follows: Result: VACATED Judge: XXXXXX, XXXX Location: RJC COURT ROOM XD - DEPARTMENT 12

05/13/2010 MATTER CALLED AT 10:32 AM PLAINTIFF REPRESENTED THAT A STIPULATED ORDER FOR DISMISSAL WITH PREJUDICE BUT HAS NOT BEEN RETURNED BY THE COURT AS OF YET.

04/01/2010 DEFENDANT'S RESPONSE TO PLAINTIFF'S REPLY TO DEFENDANT'S MOTION TO COMPEL ARBITRATION DEFENDANT IN PRO SE

03/26/2010 PLAINTIFF'S REPLY TO DEFENDANT'S MOTION TO COMPEL ARBITRATION FILED Attorney: MR. LAYWER (XXXXXX)

03/26/2010 FILED CERTIFICATE OF MAILING Attorney: MR. LAWYER(XXXXXX)

03/24/2010 SET FOR COURT APPEARANCE Event: MOTION TO COMPEL Date: 05/13/2010 Time: 10:30 am Judge: XXXXX, XXXXX Location: RJC COURT ROOM XD - DEPARTMENT 12 Result: VACATED

03/24/2010 FILED NOTICE OF MOTION AS TO MOTION TO COMPEL ARBITRATION - FILED BY DEFENDANT IN PROPER PERSON

03/23/2010 MOTION TO COMPEL ARBITRATION FILED BY DEFENDENT PRO SE - NO NOTICE OF MOTION FILED

03/17/2010 ANSWER FILED

03/16/2010 FILING PARTY NOTIFIED APPLICATION FOR FEE WAIVER WAS GRANTED BY LEAVING A MESSAGE AT XXX-XXXX

03/16/2010 MOTION FOR FORMA PAUPERIS GRANTED

03/12/2010 MOTION FOR FORMA PAUPERIS / FEE WAIVER FILED AS TO DEFENDANT'S ANSWER

02/25/2010 FILED AFFIDAVIT OF SERVICE SERVED 02/23/10

01/21/2010 AFFIDAVIT OF COMPLAINT FILED Claim Amount: 1,5XX.XX Filing Fee: 71.00 Interest: 0.00 Attorney's Fees: 0.00 Other: 0.00

01/21/2010 CIVIL $1000.01 TO $2500.00/$71 FILING FEE Receipt: XXXXXX Date: 02/01/2010

Edited by Bradly1
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This case ended with a Stipulated Dismissal With Prejudice. The stipulation was that both parties would be responsible for their own cost and attourney fees:) and that neither party was admitting any guilt in the matter etc.

I had the dismissal with prejudice before my court hearing to compell arbitration but the court took forever returning it to the judge. So I was forced to show up for the hearing, which, was a complete waste of time but nessesary to protect my rights. The judge vacated the motion and closed the case right there and then signed the order for dismissal with prejudice when the court actually got it to them lol.

Arbitration carries risk, however, its about leverage. If you research the law, simular legal pleadings and your court proceedures then formulate an offensive strategy and stick to it then you to will see the light at the end of the tunnel. I would have lost this case period if it wasn't for arbitration and would have had to pay the full amount plus thier cost/legal fees. I knew this and so had to find an alternate path and that was Arbitration.

Its much better to attack then to defend in my experience with this case. The one thing I have learned from all of this...

If a CA contacts you attack dont hold back, keep accurate/detailed records, record phone calls, save messages on your answering machine, DV and pre-emptive lawsuites.

I have allready sent this law firm a letter about violations during and supprisingly after my case was dismissed and plan on filing suit.

I have 1 other collection agency that is my first DV and allready have 2 violations recorded.

I enjoyed this lawsuit after the stress calmed down a bit. I learned alot and plan on expanding that information so when/if I end up in a simialar situation i will have 1. collected enough money from suits to pay or 2. Have a stack of counter-claims accurately documented so I don't have to pull the arbitration card and get to have the fun of riding the case all the way to the end, which, I sorta want to experience.

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Bradley1,

Get an attorney to represent you for the violations. That is the best and quickest way to get results. There exposure against a Pro Se is $1,000.00 max for a simple statutory case. If there are actual damages, you still need an attorney to ensure they are presented correctly. Once you have an attorney, the exposure is damages plus the attorney's fees. This makes it less likely for them to try to drag it out to make you go away.

Find one that will not charge you to take the case, but is willing to pass the cost on to the CA.

Copied from my other post on the matter:

I concur. Get a lawyer. In most cases the attorney's fee will exceed any reward you get. That will make them want to settle faster and for more money to you.

I have looked up a couple of cases lately, I referenced them in my other post (will edit to add links later). One the client got $2,500 and the attorney got $70,000. http://creditinforesource.com/forums/casedocs/fee.pdf

Here is another where the client received $1,000 and the attorney received $7,000. http://www.pennlawyer.com/wilk-award.pdf

So let the lawyers eat to. Most who specialize in this area will not charge you anything if they take the case and lose.

I have just retained one today for two separate FDCPA cases and depending on how things go; I may recommend them to the board.

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Bradley1,

Get an attorney to represent you for the violations. That is the best and quickest way to get results. There exposure against a Pro Se is $1,000.00 max for a simple statutory case. If there are actual damages, you still need an attorney to ensure they are presented correctly. Once you have an attorney, the exposure is damages plus the attorney's fees. This makes it less likely for them to try to drag it out to make you go away.

Find one that will not charge you to take the case, but is willing to pass the cost on to the CA.

Copied from my other post on the matter:

I concur. Get a lawyer. In most cases the attorney's fee will exceed any reward you get. That will make them want to settle faster and for more money to you.

I have looked up a couple of cases lately, I referenced them in my other post (will edit to add links later). One the client got $2,500 and the attorney got $70,000. http://creditinforesource.com/forums/casedocs/fee.pdf

Here is another where the client received $1,000 and the attorney received $7,000. http://www.pennlawyer.com/wilk-award.pdf

So let the lawyers eat to. Most who specialize in this area will not charge you anything if they take the case and lose.

I have just retained one today for two separate FDCPA cases and depending on how things go; I may recommend them to the board.

Yea, I have considered legal coucil, however, I enjoyed the system so much I want to do it myself. I could care less about winning or losing, I just want the rush I was getting during this lawsuit.

I should have been a lawyer I think, the court system really is all a game. Its more how you manuever the courts then the law itself, which, at times seem to take a back seat to what should matter.

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Yea, I have considered legal coucil, however, I enjoyed the system so much I want to do it myself. I could care less about winning or losing, I just want the rush I was getting during this lawsuit.

I should have been a lawyer I think, the court system really is all a game. Its more how you manuever the courts then the law itself, which, at times seem to take a back seat to what should matter.

Oh no, we've created a lawsuit junkie. :boxing:

But seriously, you can do more damage with a lawyer than you can by yourself. Like I said in the last post max for pro se is $1000.00 and that is not guaranteed. The max with legal representation is still $1k for you but the lawyer fees can go much higher and usually do at their expense.

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Yea, I have considered legal coucil, however, I enjoyed the system so much I want to do it myself. I could care less about winning or losing, I just want the rush I was getting during this lawsuit.

I should have been a lawyer I think, the court system really is all a game. Its more how you manuever the courts then the law itself, which, at times seem to take a back seat to what should matter.

Bradly1 , would this work , let your lawyer hire you as a Paralegal at extremely high pay , charge the regular lawyer rate and then pay you when you win your case ? I think anyone can become a Paralegal without much training . Why not go to law school and become a lawyer , do they have on-line law school ?

Paralegal

A person who does legal work but is not licensed to practice law or give legal advice. Paralegals employed by a law office often handle the routine tasks and paperwork of a law practice. Independent paralegals (those who work directly with the public, not for lawyers) assist their customers by providing forms, helping people fill them out correctly, and filing them with the proper court.

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