12o'clocksomewhere Posted March 11, 2011 Report Share Posted March 11, 2011 I filed my answer yesterday with the Justic Court. I didn't elect arb because I read that you have to have a cc agreement in order to file, well I didn't have one. So my answer is can I still file arb, I found an agreement but not in the year I defaulted, would that be a problem?? Link to comment Share on other sites More sharing options...
willingtocope Posted March 11, 2011 Report Share Posted March 11, 2011 If you're sure you want to go that route, then I'd suggest you file your motion and let the judge sort out whether or not it applies. Link to comment Share on other sites More sharing options...
12o'clocksomewhere Posted March 11, 2011 Author Report Share Posted March 11, 2011 What if the JDB is not licensed to collect in my state? I found a letter from their attorney trying to collect from me on behalf of the JDB. Link to comment Share on other sites More sharing options...
skippy1960 Posted March 11, 2011 Report Share Posted March 11, 2011 I filed my answer yesterday with the Justic Court. I didn't elect arb because I read that you have to have a cc agreement in order to file' date=' well I didn't have one. So my answer is can I still file arb, I found an agreement but not in the year I defaulted, would that be a problem??[/quote']First you have filed an answer, so that has bought you a little time to continue your research and understand if arbitration is good for you. The answer to your question is usually the first party to say this is the cardmember agreement leaves the other party to say it is not. This can be burdensome for the other party. You need to make sure the cardagreement you will present to court is the best for your situation. They have made minor tweaks from year to year, some of the 2010 or later aren't as robust as some earlier agreements.Prior to making a decision you may want to check out www.debtorboards.com and review the arb section of that forum, much more robust and active at this time. Look for threads from MGB, Quander if I recall they are from Arizona and will be best to answer based your jurisdiction.Best of Luck Link to comment Share on other sites More sharing options...
12o'clocksomewhere Posted March 22, 2011 Author Report Share Posted March 22, 2011 (edited) How do I fill out disclosure statement:1. factual basis for each claim/defense2. description of the damages and copies of any exhibits sustantiating the dollar value of the damamges3. the legal theory upon which each claim is based4. names, addresses and telephone numbers of all witnesses and a brief summary of their expected testimoney5. list of documents or evidence which supports my claims Edited March 31, 2011 by 12o'clocksomewhere Link to comment Share on other sites More sharing options...
12o'clocksomewhere Posted March 22, 2011 Author Report Share Posted March 22, 2011 Can anyone help me! Link to comment Share on other sites More sharing options...
12o'clocksomewhere Posted March 31, 2011 Author Report Share Posted March 31, 2011 Does anyone have a sample of Initial Disclosure in Arizona?? Link to comment Share on other sites More sharing options...
donqII Posted March 31, 2011 Report Share Posted March 31, 2011 Does anyone have a sample of Initial Disclosure in Arizona??I am not from Arizona' date=' but as Skippy suggested... check over at [url']www.debtorboards.com Someone there might Link to comment Share on other sites More sharing options...
skippy1960 Posted March 31, 2011 Report Share Posted March 31, 2011 How do I fill out disclosure statement:1. factual basis for each claim/defense2. description of the damages and copies of any exhibits sustantiating the dollar value of the damamges3. the legal theory upon which each claim is based4. names' date=' addresses and telephone numbers of all witnesses and a brief summary of their expected testimoney5. list of documents or evidence which supports my claims[/quote']These questions seem as though they maybe related to court run arbitration or ADR. This is not the type of arbitration the is being disucussed, and you don't want this type of arb.If you found your cardagreement, read it carefully and it should discuss "Binding Arbtration" via AAA, JAMS or NAF. This is private arb via an outside company, that based on the cardagreement is paid for by the OC.It would be helpful to know the alleged creditor and general amount you are being sued for.... Link to comment Share on other sites More sharing options...
12o'clocksomewhere Posted March 31, 2011 Author Report Share Posted March 31, 2011 This is Arizona's Rules of Civil Procedure Rule 26.1, It's not my choice but I have to answer these.How do I fill out disclosure statement:1. factual basis for each claim/defense2. description of the damages and copies of any exhibits sustantiating the dollar value of the damamges3. the legal theory upon which each claim is based4. names, addresses and telephone numbers of all witnesses and a brief summary of their expected testimoney5. list of documents or evidence which supports my claims Link to comment Share on other sites More sharing options...
Quader Posted April 19, 2011 Report Share Posted April 19, 2011 yes ... it's the rules .. and you have to answer them .. this isn't something that we can't help you with ... they just want to know what your defense is going to be .. like what way you are going to go in court, or strategy ,,, 'just like rogs ... they want to see your hand before court .. if you get a MTC .. it will be a moot point .. but you will have to get that done..(if this is the way you want to go)Q Link to comment Share on other sites More sharing options...
pencil1 Posted April 21, 2011 Report Share Posted April 21, 2011 What are the reasons not to go to Arbitration in this case? Or is it the wrong type of Arbitration? Link to comment Share on other sites More sharing options...
donqII Posted April 21, 2011 Report Share Posted April 21, 2011 What are the reasons not to go to Arbitration in this case? Or is it the wrong type of Arbitration?There are two types of Arbitration. State mandated, where you state actually runs an arbitration for civil cases and this is totally tied in with your court system.....YOU DO NOT WANT THIS KIND OF ARBITRATION. Then there is Private Contractual Arbitration.This is the kind you need to Motion Your Court for and notify thePlaintiff you elect based on your card member agreement.THIS REMOVES IT FROM YOUR COURT SYSTEM either by your court dismissingyour case, (which is rare) or your case being stayed depending the outcome of the private one.There are 3 notable Private Contractual ForumsNAF.... AAA.... and JAMS. Link to comment Share on other sites More sharing options...
Quader Posted April 21, 2011 Report Share Posted April 21, 2011 to add to DongII,if you are in state ADR/arbitration .. and you MTC private arbitrationmake sure in your motion, and in the order for the judge to sign anytime you mention arb. that you word it Private/contractual arbitrationthe courts where I am don't know much about arb. and were getting them mixed upthe granted my MTC but then sent my case out to get a date for state ADR ... the start arb. guy wouldn't listen to me, the opposing attorney wouldn't listen to me .. eventually I was able to get a hold of the court baliff and they read my pleading and was like .. oops Q 1 Link to comment Share on other sites More sharing options...
12o'clocksomewhere Posted April 29, 2011 Author Report Share Posted April 29, 2011 (edited) ok I found some great info to help me type up Rule 26.1 and turned them in. I just received the Plaintiff's. I have a few questions.Do I answer the Plaintiff's Disclosure statement?Request for Admissions and request for docs~ How do I answer without screwing up. Edited May 6, 2011 by 12o'clocksomewhere Link to comment Share on other sites More sharing options...
12o'clocksomewhere Posted May 1, 2011 Author Report Share Posted May 1, 2011 Can anyone help me? Link to comment Share on other sites More sharing options...
donqII Posted May 1, 2011 Report Share Posted May 1, 2011 Can anyone help me?I PMed you... Link to comment Share on other sites More sharing options...
Quader Posted May 2, 2011 Report Share Posted May 2, 2011 I PMed you...We really can't tell you how to answer them. That being said I have gotten similar admissions, and req for doc's.on the admissions I answered most of them (on my own document not there check here one) that I basically lacked information and therefore denied. Q Link to comment Share on other sites More sharing options...
12o'clocksomewhere Posted May 4, 2011 Author Report Share Posted May 4, 2011 We really can't tell you how to answer them. That being said I have gotten similar admissions, and req for doc's.on the admissions I answered most of them (on my own document not there check here one) that I basically lacked information and therefore denied. QOk because I talked to a lawyer and he said that I should NOT use the “neither deny or admit.” That I must either admit or deny or object to the request for admission. Link to comment Share on other sites More sharing options...
Quader Posted May 4, 2011 Report Share Posted May 4, 2011 Ok because I talked to a lawyer and he said that I should NOT use the “neither deny or admit.” That I must either admit or deny or object to the request for admission.Where do you see that I put “neither deny or admit.”I simply deniedI think what your lawyer may be talking about is a lot of people will answer admissions similar to:The Defendant lack information or knowledge to form an opinion to admit or deny.(or something to that effect)This is not an answer to an admission in my opinion.My answer to the same question would be :The Defendant lacks information or knowledge and therefor denies.(to me this is a deny)Q Link to comment Share on other sites More sharing options...
12o'clocksomewhere Posted May 6, 2011 Author Report Share Posted May 6, 2011 Where do you see that I put “neither deny or admit.”I simply deniedI think what your lawyer may be talking about is a lot of people will answer admissions similar to:The Defendant lack information or knowledge to form an opinion to admit or deny.(or something to that effect)This is not an answer to an admission in my opinion.My answer to the same question would be :The Defendant lacks information or knowledge and therefor denies.(to me this is a deny)QQ I'm not saying that you said that, it's just that's what I've been reading and just happend to ask the lawyer that's all. Sorry about that Link to comment Share on other sites More sharing options...
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