ststeven

sued by Zwicker in OR. Caught counsel and arbitrator cheating. Advice?

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I am in Oregon.  was sued by Zwicker for USBank.  First, they cheated on service and default (signed on day 29 of 30).  I had default nullified.  Then, I was denied right to appear at arb. hearing after being told i could pay fees anytime before the hearing, then told of 14 day limit ON DAY 16.  

 

But I was able to acquire - legally - unequivocal evidence of Ex Parte emails between Zwicker associate and arbitrator.  Arbitrator even offered costs not pleaded for, if Zwick chose to amend and ask for them.

 

I played naive and asked about certain things, and both lied outright, then tried to tell me BS so i would not inform court - "it's irrelevent"  "your hyperbole and accusations are improper. my actions were completely correct."  etc.

 

Any advice on how BEST to use this evidence, to both support my case, and to hold these people accountable?

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Get a lawyer.  There is no way you're equipped to confront and prevail on something like this.  For example, how do you plan to controvert their claims that you fabricated the 'evidence' out of whole cloth?

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Well, Harry, Since I have already got both of them to admit to the conduct in question (while shrilly claiming that such conduct was not in violation of rules or judicial/attorney codes of conduct in an attempt to deflect my intention to inform the court) in writing, in verifiable emails sent from their firms' servers, this particular example would seem non-applicable.   In short, the facts and evidence are not an issue.  My ignorance is in how to best apply the information to various possible processes, not the validity of the information. 

 

I want to assure that no one else will be subject to this arbitrator's corruption, not just protect my own interests.  

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2 hours ago, ststeven said:

Well, Harry, Since I have already got both of them to admit to the conduct in question (while shrilly claiming that such conduct was not in violation of rules or judicial/attorney codes of conduct in an attempt to deflect my intention to inform the court) in writing, in verifiable emails sent from their firms' servers, this particular example would seem non-applicable.   In short, the facts and evidence are not an issue.  My ignorance is in how to best apply the information to various possible processes, not the validity of the information. 

 

I want to assure that no one else will be subject to this arbitrator's corruption, not just protect my own interests.  

Was this a credit card debt or some other type of debt?

Are you referring to court-ordered arbitration with a court appointed arbitrator or private contractual arbitration with a private arbitration company such JAMS or AAA?

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3 hours ago, ststeven said:

My ignorance is in how to best apply the information to various possible processes, not the validity of the information. 

You need a lawyer.  There are way too many weeds to get caught up in with something like this.

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BV80...Well, heck, those are such smart and direct questions, you make me feel stupid for not already providing such info...

 

Credit card debt.  Of questionable merit, supported by questionable documentation.   Court-mandated arb., already appealed to trial de novo, with arb. judgment sealed.  I will pretty much have no choice but to move to vacate the judgment, because I refuse to pay the man, given that his itemized invoice listed charges for email correspondence which I did not receive, and repeatedly refers to the plaintiff as a "client"  (He says "clerical error" - there were 12 "clerical errors" in a 17-item invoice.  I say Freudian slip.  Potato/potato, either way, at best he is admitting utter incompetence.  An arbitrator of debt disputes who can't create a single-page billing statement without 12 clerical errors.)

 

I have his actual email to the plaintiff, in which he reminds "counsel" that she would be entitled to certain costs, if she were to submit a revised pleading and ask for them...and then tells me "for the record..." that since I had somehow learned of the email, knew what was in it, and the plaintiff didn't accept the advice, that there was no violation of the prohibition of ex parte communication.  Then told me that I should feel bad, after he tolerated me and my non-lawyer-ness, basically.

The "counsel" in question sent at least 8 or 9 private emails.  I have 5 of them.  She just flat out told me that she did nothing wrong, and if she did it was irrelevant, so just drop it.  Then she gave me unsolicited and misleading legal advice, a violation of the Bar's RPC.  

 

These are not rocket scientists.  They are moderately bright people who think they are powerful and smarter than everyone, and who have become accustomed to behaving with impunity without fear of consequences.  It frankly disgusts me, and I'm fighting back that urge one gets, when faced with people who abuse their advantages, to become a crusader.

 

Thankfully, it's just not in me.  But I'd like to at least address these 2 individuals as best I can.  

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