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I just called the courthouse, and the "closed administratively" entry from yesterday was a granting of the MSJ.

 

Now, I will need to appeal. Too upset at the moment to do anything but be upset, so will look up costs of appeal, and get funds out of joint account.

 

EDIT: Jeesum. Just to file the appeal is $550. WTF. 

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I just called the courthouse, and the "closed administratively" entry from yesterday was a granting of the MSJ.

 

Now, I will need to appeal. Too upset at the moment to do anything but be upset, so will look up costs of appeal, and get funds out of joint account.

 

EDIT: Jeesum. Just to file the appeal is $550. WTF. 

 

The easier thing to do is take your name off the joint account.  If your name is not on the account they cannot levy it.

 

Appeals are not cheap.  It isn't just the filing fee but all the copies of the trial transcript that are needed as well.  Some jurisdictions also require an appeal bond in the amount of the judgment as well.  

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Did you file an opposition to the MSJ?

 

There won't be a need for "copies of trial transcripts" as this was a summary judgment, and there was no trial.

 

Sorry to hear this BTW.

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I just called the courthouse, and the "closed administratively" entry from yesterday was a granting of the MSJ.

 

Now, I will need to appeal. Too upset at the moment to do anything but be upset, so will look up costs of appeal, and get funds out of joint account.

 

EDIT: Jeesum. Just to file the appeal is $550. WTF. 

 

Sorry to hear this ....

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Yes, I did file an opposition. And the thing that is pissing me off the most right now is that, had I chosen to engage in discovery, I would have had plenty of ammunition against the MSJ. But, because I had elected arb, and didn't want to jeopardize that, I specifically stated in my responses to their discovery that I would not, pending the decision on the scope of discovery in arbitration.

 

I'm pretty sure that just that makes this appealable. But I need some wound licking, I think. I have 60 days to appeal.

 

The fact that I can't make head nor tail of the rules for staying the judgment right now just tells me that I need to let this go, today, anyway.

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It is very hard (if possible) for them to win a MSJ when the defendant has sated "discovery is ongoing" and people should always answer discovery timely when they receive it, of course hindsight is 20/20, but for others who may read your thread.

 

You probably do need (and deserve) a day off. Hang in there. I think it would be much easier to reverse a summary judgment ruling then a trial verdict anyway. Maybe you qualify for a fee waiver, or can file a motion to reconsider (I don't know your rules). Good Luck.

 

You could post the rule you are having trouble with and see if others may be able to make sense of it (or come back to it in a day or two).

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You probably do need (and deserve) a day off. Hang in there.

 

 

1. Agree !!!

 

2. After you finish your Day Off, Check Google Scholar with these keywords:

 

disturb [AND] "summary judgment" [AND] "abuse of discretion"

 

Meaning: usually Appeal Court does not disturb Trial Court's ruling unless there is an obvious ABUSE OF DISCRETION.

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motion to reconsider, motion for new trial, and motion to vacate could yield some results. notice of appeal could follow the outcome of these motions. However, the judgment will stand you need to make appropriate changes to bank accounts, property, etc. appeal nor post trial motions stop levies on the judgment.

Sorry to here the Summary Judgment Express made a stop at your location. I hate the paper trials.

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Thank you guys, for all your support/suggestions. I realized, late last night, that I could look at motioning the existing judge to reconsider in any of a variety of ways.

 

I haven't told my husband yet, but have discussed here. Heh. He's a very black and white/bottom line guy, and I want the actual paper from the court in my hand before I tell him, along with the options I have and the costs thereof.

 

It was freeing to realize that I DO have options. I don't make a lot of money from my business, currently. I could have all monies from there deposited into my IRAs, until I hit the $6500 mark each year. The other income I have is from my ex's pension and my SS: neither can be touched, and the account where they are deposited ONLY gets deposits from them.

 

In addition, I have, for a very long time, wanted to retire outside the US. Not because of judgments, because of cost of living and (most important) cost of quality medical care.) Doing so sooner rather than later would mean that all money from my business could be deposited into a foreign account, should I so wish; my supplier company is international.

 

Right now my biggest reason to continue this fight is not, necessarily, for myself. It's to stop this bleeding of ATT V Concepcion at the District Court level. I want it to be safe for pro se's to answer a freaking summons without being told that they've waived their right to arb. One of the handful of reasons to NOT honor an arb clause that the Supremes noted was if the clause was "unconscionable."

 

It's unconscionable for District courts to allow JDBs to weasel out of the parts of the contract that they are trying to enforce, by claiming waiver of rights.

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While googling the various motions for reconsideration, etc in MN, I found this: http://www.volunteerlawyersnetwork.org/files/Motions%20to%20Vacate%20Default%20Judgments%20Tips.pdf

 

It's of no use to me, but may be of use in the future to people who need work on their motions to vacate DJ.

 

I'll also post in the forms/pleadings thread.

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@Wins the Battle

 

It's unconscionable for District courts to allow JDBs to weasel out of the parts of the contract that they are trying to enforce, by claiming waiver of rights

 

 

I agree with you, but if arbitration is considered an affirmative defense, it's not the only one that waivable.  In most, if not all states, the SOL, venue, and improper service can be waived if not raised in the answer or in a motion in lieu of an answer.

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It just now occurred to me...I wonder if asking the Court for leave to file an amended answer might solve that issue, once the arbitration decision is made.

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I have a question for anyone who might live in or near Greensboro NC.

 

I have attempted to find a phone number that rings into the physical location for FIA Card Services in that city. Even the local phone number gives two options, and two options only: are you are credit card customer or a checking account customer? Hitting "0" just takes you back to the same recorded message.

 

I want to check on the employment records of the affiant on the robosigned affidavit from there. The numerous issues with the affidavit itself didn't impress the judge. But perhaps learning more about this guy would.

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@Wins the Battle

 

 

It just now occurred to me...I wonder if asking the Court for leave to file an amended answer might solve that issue, once the arbitration decision is made.

 

 

The MSJ was granted.  I don't see how you could amend your answer now.

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@BV80: I realize that it's not helpful in this case, at this time. But for posters here in the future, who decide that they want to elect arb and have already answered, it may be a way to make it less challenging.

 

The thing about the whole arbitration deal that bothers me is that it's part of the actual contract. The JDBs are being successful at arguing that only the parts of contracts that they want enforced are enforceable. 

 

When you look at nearly ANY credit card arbitration clause, it is made clear that arbitration may be elected AT ANY TIME.

 

It's hard to be clearer than that, you know?

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@Wins the Battle

 

I've got a couple of cardmember agreements, but they don't say that arbitration can be elected at any time.  But, still, states have the right to determine their affirmative defenses and waivers in their rules of civil procedure.

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I have a question for anyone who might live in or near Greensboro NC.

 

I have attempted to find a phone number that rings into the physical location for FIA Card Services in that city. Even the local phone number gives two options, and two options only: are you are credit card customer or a checking account customer? Hitting "0" just takes you back to the same recorded message.

 

I want to check on the employment records of the affiant on the robosigned affidavit from there. The numerous issues with the affidavit itself didn't impress the judge. But perhaps learning more about this guy would.

 

Did you find out everything you could about the affiant online?  Like, LinkedIn and Facebook, etc?   You might even be able to find the person's home address.  Ancestry.com also has an expanding collection of records that may be useful:  addresses, marriage records, and more.  You do need to have a membership to use Ancestry, but a number of libraries have subscriptions, so you can access their data from a library computer, for free.

 

Almost all of the BofA affiants I have seen mentioned have LinkedIn profiles.  I wonder if these JDBs actually forge these allegedly OC affidavits using info they found online.  Were the signatures legible?  The ones I have seen were scribbles anyone could make.

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I want to check on the employment records of the affiant on the robosigned affidavit from there. The numerous issues with the affidavit itself didn't impress the judge. But perhaps learning more about this guy would.

 

NO half way intelligent employer is going to verify ANY employment records on the phone with you or release them without a subpoena.  A large employer like FIA definitely won't you are wasting your time.

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It may be a waste of time, but it's time that can't even be wasted; there is no way to find him.

 

As for LinkedIn etc, he has a FB account, and as a "bank officer" he makes SO much money that he started a webpage for donations for his wedding. 

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@Wins the Battle

 

As for LinkedIn etc, he has a FB account, and as a "bank officer" he makes SO much money that he started a webpage for donations for his wedding.

 

 

Gone are the days when the majority of engaged couples attempted to keep wedding costs at a minimum.  Today it seems that many, if not most, couples (especially brides) want the "fairy tale" weddings of their dreams.   So his request for donations may not be because he can't afford a reasonably priced wedding.  :-)

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I find it interesting that these folks are not "advised" to keep a low online profile. If my name was being researched and shared by people my employer was suing, I would keep my head down.

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As for LinkedIn etc, he has a FB account, and as a "bank officer" he makes SO much money that he started a webpage for donations for his wedding. 

 

Titles are are not worth anything.  A LOT of companies give meaningless titles in lieu of pay.  It reads well on a resume.  "Bank Officer" sounds a whole lot more important that "Teller" or "Notary" just as "Refuse and Recycling Manger" sounds like higher pay than "garbage man."  Or how "involuntary personal protein spill" sounds way more fun than "puking" does.  

 

You are assuming that because he has a title he gets paid a lot of money.  The reality is more that someone robo-signing affidavits who never testifies in court probably makes about $40k per year.  This guy is not a six figure a year VP of a bank.  He is some low paid flunky simply scrawling his name to what ever they tell him to in order to do those little things we all enjoy like living indoors and eating once a day.

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@Goody_Ouchless

 

If they are employed by the company for which they claim to be employed, why would they have to keep a low profile?

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I was being snarky. Not that uncommon. And, of course, my strong belief is that he's no more an officer at FIA Card Services than I am--if he's even employed there.

 

He shows up as a new graduate of a community college in his town, a mere 10 months before, as a bank officer, he is swearing as to his understanding of the record keeping of the bank.

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