janedoenotme

Looking for direction, Order of Judgment, AZ Asset

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I found a contract online and used it when I filed the MTC Arbitration. It's confusing to go through all of what I posted without reading the topic. They only supplied some of those documents in the MSJ, not in their Disclosure and they can say that those are the records but they did not list them in the affidavit etc...And Goody, I don't follow, the plaintiff attached the answer???

 

Non the less, this isn't getting me anywhere. I don't have the money for an attorney. AZ attorneys don't take things on contingency. I feel I do have legal basis to file for an appeal. I will post tomorrow.

 

Also, see this link regarding the affidavit, http://www.creditinfocenter.com/community/topic/324561-affidavit-asset-acceptancemidland-shows-ny-but-notorized-in-tx/?hl=%2Basset+%2Bacceptance

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Can anyone shed some light on this? On my calendar events and hearings from the court, the document that they gave me on Oct. 2013 it shows Summons Issued 9/06/2013. Then the next line up is dated 9/23/2013 and it says on one line Notice pending Dismissal of lawsuit and on the next line it says Affidavit of Service Private Process. Under it it says Result: service 9/14/2013.

 

Then on the Calendar Events and Hearings dated Sept. 10, 2014 there is no longer the line that was dated the 23rd anything about the Notice Pending Dismissal of Lawsuit. Only the Affidavit of Service Private Process is there. But on 6/18/2014 it says Notice Pending Dismissal of Lawsuit Result: Mailed 06/18/2014 heard by Judge ProTem. Why are they different? And I never got that notice that they said that they mailed. Just trying to understand this. This is the same thing that says on the 21st of January, PTC was set for today. No parties appeared and no continuance ever filed. Court vacates todays hearing and takes no further action.RM.

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Evidence findings are purely discretionary. The appellate court will not reverse the trial court's acceptance of the evidence unless you can show there is a clear abuse of discretion. I unfortunately cannot tell you how to demonstrate a clear abuse of discretion as I failed at it when I appealed. I can tell you that my case was significantly different from your's in that there weren't obvious discrepancies and addresses where I never lived. In my opinion, these are the things you should concentrate on, and you would be wasting your time arguing over things like personal knowledge. I know from first hand experience the appellate court for justice court cases couldn't care less about personal knowledge.

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Harry, I don't understand. What do you mean about personal knowledge? It's clear that they didn't even read the documents. The law is the law except for in AZ. There is a clear genuine issue of material fact. Many issues. It is black and white. All one has to do is look at the documents. If I had a Jury trial I would bet my life that the jury would not have ruled in their favor based on the evidence and documents submitted up to this point. If they have anything stronger I still doubt it. I was not give the benefit of anything. And how can I be sued for Breach of Contract when there is no contract presented and if there were it says I have to right to demand JAMS which I did. You can't hold someone to a contract and then not follow that contract yourself. You also can't collect money when there is clearly no proof that you have the right to because the company that owned the account, WebBank, never signed nor sold anything to Asset Acceptance. THIS IS SO CRAZY.

 

Then again, while I was being sexually assaulted and help a knife point and beaten the Glendale police, knowing I was in there just sat outside my condo and waited for the perpetrators to come out. The knew, had gotten a tip from an informant that it was going to happy but did anyone care about me. NO. Where I come from that sort of thing doesn't happen. I am not some pitiful disgusting lowlife. Yet here in AZ that is how I have been treated. If I live long enough to inherent my fathers money I am going to spend it making sure that this doesn't happen in this state. My family is very wealthy. But they don't believe in "trusts" ext. I have had to stand on my own two feet and I am really tired of standing.

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I really think it would help if you explain the complete history of the Dell card. From the snippet on the document you posted, it only shows one month. For example, when did you get the card, how long did you use it, what is the 3K worth of stuff that was bought and returned, what are the details of the return. Also, please attach the email exchange with Dell.

 

By "answer," in my comment above, I was referring to the fact that the plaintiff says they attached your original answer as part of the MSJ, but I don't see it.

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I think more than the answer is needed.  Without seeing the entire filing history from the complaint, to the answer, to the motion to compel arbitration, to the MSJ, to the opposition to MSJ and all exhibits that were attached to any of these filings, all we can do is speculate.  We have to see in its entirety what the court saw to really have a feel for why the court ruled the way it did.

 

@janedoenotme

I know it seems like the court ignored what you had to say, and you may be right, but on the other hand, the court may have properly granted the MSJ depending on how the issues were raised and argued.  Since you're now facing an appeal, it's imperative to know what was said and and how and what evidence was introduced in order to be able to give you guidance in appealing the trial court's ruling.

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One last note, the Asset Acceptance vs Goraj appeal was found in the defendants favor. It is pretty much very similar in terms of the affidavit that I got. Here is that case.

Goraj is not legally binding on any court, but the Wells Fargo v. Allen case cited by Goraj is.

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I tried to re-read the whole case, through the numerous threads, and believe I was mistaken. I was under the impression that 3K worth of merchandise was purchased in a single transaction and then returned for refund. It appears, however, that the card in question was used over a period of time and that the "return" transaction may have only affected a part of the balance, but not the whole thing.

 

As Harry said, it is virtually impossible to assess without every scrap of paper, evidence and motions from this case being provided.

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@janedoenotme

 

Harry, I don't understand. What do you mean about personal knowledge?

 

 

I believe @Harry_Seaward was referring to personal knowledge of the OC's business records.

 

 

 

Yes, it was. The Bill of Sale from WebBank to Asset is nonexistent.

 

You mean from WebBank to Dell?

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Okay, the entire amount of charges was somewhere around 2k in 2009. Then I returned 4 computers and they only credited $27.00 per item instead of 294 and change. Then they kept adding late fee's and interest. I never got a statement and knew that they had not credited things correctly. By my records at that time I had paid it off and I thought they closed the account like they said that they did in the email. That is why I think the paper work is messed up and belongs to someone else. I am attaching the Opposition I filed. Also, the Return emails.

 

The reason that I didn't include all the pages of the charges that I received is because I was having trouble with my scanner so I only included what they looked like to show that.

 

The emails that I have I have to print and then black out. But they show the order number, the RMA and instructions etc... It's clear that they are the right ones because the returns that they credited only $27 on are the same ones. How long does Dell keep these records. I don't understand why they don't have all email correspondence?

nameblackedFinal OMSJ.docx

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While Goraj may not be legally binding it is and was appealed and the appeal was won in AZ. I found an attorney in AZ who will take it for $750 in $75 monthly payments. I have previously posted all the documents. Thanks, will follow up after I talk to the attorney on Monday.

 

Also, no matter what you say, the opposition that I filed stated clearly the things that were in dispute, MTC Arbitration, documents submitted that were not submitted in disclosure, affidavits created simply for trial, dates not near the purchase date of the account. Suspicious affidavit, New York document that has notary from TX. Allowing an affidavit to be evidence, evidence has to be in person testimony to the affidavit, not a document. The items in the affidavit that were supposedly used to decide that it was my account, none of those items were specifically named nor did they have my name, account number or amount on them.  Based on that alone, with a Pro tem Judge allowing a MSJ  it is appeal-able. Just the simple fact that the MTC is and should have been allowed. You can not sue me for Breach of Contract if the contract allows for arbitration and they do not follow that! I will appeal til the end of time. The law is the law even if dumb Mother __ _ uckers in AZ don't follow the law.

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Okay, NEW INFORMATION!! Today in the mail I got a letter dated November 25, 2014. However the postmark is dated Dec. 3, 2014. Anyways, it's a letter from Midland. It says that they are writing in regards to my recent dispute. It says that they have opened an investigation and are ceasing all collection efforts until the conclusion of the investigation.... I am attaching it.

 

So, this good. However, since they dated this on November 25th but clearly didn't mail it until after the Judgment, and allowed the judgment to go through isn't that a complaint I can file. They are infact admitting that I disputed it. That dispute was done over 3 months ago. They had plenty of time to put of the MSJ!

crossed off Midlandletterofdispute001.pdf

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@janedoenotme

 

Okay, I don't think that letter's going to help you.  Disputing after you've been sued not the same as disputing a debt before you've been sued.   When we answer a complaint, we deny owing the debt.  That's a dispute.  In an opposition to an MSJ, we may dispute the amount claimed.  None of that stops the lawsuit or an MSJ. 

 

Also, the fact that they sent documentation with their letter simply shows that the right hand (MCM) doesn't know what the left hand (Asset) is doing.  They didn't bother to find out that Asset is suing you.

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That account statement is looks pretty bad for the plaintiff. The XBOX purchase/return order numbers match, but the amounts certainly don't. Their argument will be that the return was for part of the order (like an extra controller or extended warranty) since payments (including finance charges) were made on the full balance.

 

Frankly, this one seems messy enough for Midland to have walked away from in the beginning. With out seeing the emails about the return dispute it's hard tell what's up.

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While Goraj may not be legally binding it is and was appealed and the appeal was won in AZ. I found an attorney in AZ who will take it for $750 in $75 monthly payments. I have previously posted all the documents. Thanks, will follow up after I talk to the attorney on Monday.

 

Also, no matter what you say, the opposition that I filed stated clearly the things that were in dispute, MTC Arbitration, documents submitted that were not submitted in disclosure, affidavits created simply for trial, dates not near the purchase date of the account. Suspicious affidavit, New York document that has notary from TX. Allowing an affidavit to be evidence, evidence has to be in person testimony to the affidavit, not a document. The items in the affidavit that were supposedly used to decide that it was my account, none of those items were specifically named nor did they have my name, account number or amount on them.  Based on that alone, with a Pro tem Judge allowing a MSJ  it is appeal-able. Just the simple fact that the MTC is and should have been allowed. You can not sue me for Breach of Contract if the contract allows for arbitration and they do not follow that! I will appeal til the end of time. The law is the law even if dumb Mother __ _ uckers in AZ don't follow the law.

 

 

Anything is "appealable".  It doesn't mean the appellate court will reverse the trial court's rulings.  The appellate court's job is not to re-weigh evidence.  It's to determine if there was as abuse of discretion.  It seems likely, based on your version of facts, but then again, you have to communicate this in a way that the appellate court will grasp what you are driving at.  This is not so easy, as I recently found out.

 

Also, you have one shot at an appeal.  Justice Court appeals go to the Superior Court.  The Superior Court ruling is final.  You can request a rehearing at the Superior Court level, but again, it's the same court reconsidering the same facts.

 

If you can afford the $75/mo, you should absolutely do that.  IMO, you're in over your head with the granted MSJ.  (That's not a dig, by the way.  I'm in way over my head as well.  I just can't afford a lawyer to dig me out.)

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That account statement is looks pretty bad for the plaintiff. The XBOX purchase/return order numbers match, but the amounts certainly don't. Their argument will be that the return was for part of the order (like an extra controller or extended warranty) since payments (including finance charges) were made on the full balance.

 

Frankly, this one seems messy enough for Midland to have walked away from in the beginning. With out seeing the emails about the return dispute it's hard tell what's up.

That isn't an account statement. It is a computer generated accounting of things. They don't have any statements. None were included and none were sent. It's impossible to to post the Return authorizations without including all my info. They do show the purchase numbers and the return auth to return. The reason I kept paying is because I was in contact with them about their error in posting the correct amounts to credit so I just kept sending my minimum in. I was in Mexico for three months before moving to AZ.

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@janedoenotme

 

Okay, I don't think that letter's going to help you.  Disputing after you've been sued not the same as disputing a debt before you've been sued.   When we answer a complaint, we deny owing the debt.  That's a dispute.  In an opposition to an MSJ, we may dispute the amount claimed.  None of that stops the lawsuit or an MSJ. 

 

Also, the fact that they sent documentation with their letter simply shows that the right hand (MCM) doesn't know what the left hand (Asset) is doing.  They didn't bother to find out that Asset is suing you.

They know that Asset is suing me. I included that information in what I disputed. And of course they know or they wouldn't be including all of the documents. I couldn't dispute it after they filed because they never sent me a letter or got in touch with me. I did dispute my credit report way back in 2012.

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Whatever that statement is, it, and your emails should be all it takes to get this resolved. Clearly the entire account is messed up and Midland is in no position to fix it. Perhaps a call to Midland, acting polite and professional, rather than calling them names, might work.

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I said it before in a different context, but you're spinning your wheels trying to handle this in your own. Look at it through Midland's eyes. Every person they talk to that says they don't owe the debt is lying to them. Why should they think you're any different? Conversely, they tend to sit up in their chair ever so slightly when someone calls them with the postfix "attorney at law" attached to their name.

Not to mention, now that they are on notice that they could be collecting a bogus debt, if you can actually prove that, their continued collection attempts could very likely be actionable under the FDCPA and possibly the FCRA, depending on how savvy you have been in disputing the debt.

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