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cjtx2

Trial by Ambush

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So is it just any time the losing party pays the appeal fees/bonds, they automatically get a full-on new trial at the county court level? 

Earlier you mentioned petitioning for certiorari. Typically, cert is a request that can be denied, whereas what you seem to be saying with a county court trial de novo is that it's a 'right' that you're entitled to, as long as you pay the fees/bonds.

Is it one or the other, or can you petition for cert and then pay the county court fees/bonds if cert is denied? 

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I have seen nothing, so far, that get's past the uncomfortable facts that this is your CC, which went into default and was purchased by a debt buyer, which sued to collect. I go back to the words of a lawyer friend, when discussing the Jodi Arias case - "Kirk Nurmi's defense was ultimately doomed by having to work with 'bad facts.'" In other words, the only way for you to win this was with technical mumbo-jumbo, which the judge, in this case, wasn't buying.

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17 hours ago, Harry Seaward said:

Breach of contract and account stated are not mutually exclusive.

We have encountered this many times in arbitration where plaintiff tries to argue that since they are suing on "Account Stated," that there is no underlying "contract" and hence no Arbitration Clause. That argument has never worked, for reasons @Harry Seaward explained.

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