Author Topic: WI Appeals- Dist #2 Palisades vs. Kalal has been narrowed!  (Read 4395 times)

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trueq

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http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=97397

This is same appeals court I'm waiting for a decision from.

On one hand this decision is disconcerting, on other hand if they take the "contract is a contract" attitude, that will be good for foreign SOL borrowing.

Evidently, this JDB submitted an assignment that passed muster post Palisades vs. Kalal!

Had this litigant exercised the arbitration clause to JAMS, they would have won!  (and not sattled the rest of us with this savage narrowing of Palisades!)
My free speech is not legal advice.  If you need legal advice, you need to talk to a lawyer.

Litigation Defense record
Arbitration record:   9 wins * 0 loses
Court Record:         2 wins * 2 judgments (1 of the 2 judgments has been vacated, other judgment upheld on appeal, marked "satisfied", because I wrote a check.)

The one bank that beat me in court, I now have a $2200 limit credit card from them again.
Redemption is always possible.

gwheelock915

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Re: WI Appeals- Dist #2 Palisades vs. Kalal has been narrowed!
« Reply #1 on: June 04, 2013 01:25:46 AM »
The JDB was pretty far in this one as it was worth $35K, so no, I don't think arb. would have won it, though I must say I've never tried arb myself.

I emailed the attorney and urged him to appeal the verdict as clearly it is bad case law for all wisconsin consumers. Next thing you know, JDBs in IL will be citing this case as precedent.

CleaningUp

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Re: WI Appeals- Dist #2 Palisades vs. Kalal has been narrowed!
« Reply #2 on: June 04, 2013 01:54:49 AM »
I seem to recall that there was a case a few years ago where a federal court in the midwest somewhere ruled that computer-generated records were just as questionable as evidence as an affidavit and for much the same reasons.

I'll go looking for it.  I know we've discussed it here in DB.


trueq

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Re: WI Appeals- Dist #2 Palisades vs. Kalal has been narrowed!
« Reply #3 on: June 04, 2013 03:24:55 AM »
This decision will not toss Palisades vs. Kalal completely, but I'm having a hard time finding in this decision where the transmission from someone credible (firsthand knowledge at the time records were prepared) at Chase occured.

I agree, this should be appealed to WI State supreme court.

I also agree 90% of JDB's will not get this extensive on assignment, but it sets the standard now...if JDB meets the standard in this case, it can void the Palisades argument.   Before this case it was easy to paint every assignment with a Palisades evidence problem.

My free speech is not legal advice.  If you need legal advice, you need to talk to a lawyer.

Litigation Defense record
Arbitration record:   9 wins * 0 loses
Court Record:         2 wins * 2 judgments (1 of the 2 judgments has been vacated, other judgment upheld on appeal, marked "satisfied", because I wrote a check.)

The one bank that beat me in court, I now have a $2200 limit credit card from them again.
Redemption is always possible.

silus

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Re: WI Appeals- Dist #2 Palisades vs. Kalal has been narrowed!
« Reply #4 on: June 04, 2013 05:06:15 AM »
That seems almost like a trap for JDBs though.... because as you said, if they hold to the "contract is a contract" to overturn assignment issues then they really can't then say it isn't valid when it comes to foreign SOL... well, at least not if you have a judge with any common sense anyways.   

And if you're outside of foreign SOL you've still got them.

If they really did have all of the records transferred by Chase as they claimed, I would think they should be subject to balancing back to 0 in this case as well.  I mean, all of the records would mean they go back to the initial balance of 0 right?

trueq

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Re: WI Appeals- Dist #2 Palisades vs. Kalal has been narrowed!
« Reply #5 on: June 04, 2013 02:15:48 PM »
If we get the foreign SOL publishing in my case....yes, this case will hurt JDB's if they manage to get complete assignment...it may tack it to a shorter SOL.

It goes to show why when someone asks if something is good or bad, legally, the answer is, mostly, "it depends".
My free speech is not legal advice.  If you need legal advice, you need to talk to a lawyer.

Litigation Defense record
Arbitration record:   9 wins * 0 loses
Court Record:         2 wins * 2 judgments (1 of the 2 judgments has been vacated, other judgment upheld on appeal, marked "satisfied", because I wrote a check.)

The one bank that beat me in court, I now have a $2200 limit credit card from them again.
Redemption is always possible.

trueq

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Re: WI Appeals- Dist #2 Palisades vs. Kalal has been narrowed!
« Reply #6 on: June 04, 2013 02:36:20 PM »
I dug down to the nuts and bolts of this case....AND

drum roll....this guy tossed his lawyer before first appeal brief!

On the other side is: Jillian Walker from Messerli and Kramer...the ultimate debt collection vulture.

This pro se' litgant served himself up, and the Palisades case, to be eaten here.

DUMB!

I don't have a problem with any litigant serving themselves up as meat on appeal, but for cryin out loud... don't serve the rest of us up!!!!

Awful.   Just awful.

Palisades evidence fights on business records are going to be dirty and intense in Wisconsin from this time forward.
My free speech is not legal advice.  If you need legal advice, you need to talk to a lawyer.

Litigation Defense record
Arbitration record:   9 wins * 0 loses
Court Record:         2 wins * 2 judgments (1 of the 2 judgments has been vacated, other judgment upheld on appeal, marked "satisfied", because I wrote a check.)

The one bank that beat me in court, I now have a $2200 limit credit card from them again.
Redemption is always possible.

BrokeBob

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Re: WI Appeals- Dist #2 Palisades vs. Kalal has been narrowed!
« Reply #7 on: June 04, 2013 11:19:04 PM »
This doesn't end Palisades. it "clarifies" it, the way mud clarifies water.

OTOH, it appears judges were interpreting Palisades all sorts of ways anyway, otherwise this case never would've gone to appeals court anyway.

But, at least I used Palisades in the past to beat M&K

trueq

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Re: WI Appeals- Dist #2 Palisades vs. Kalal has been narrowed!
« Reply #8 on: June 17, 2013 03:18:53 PM »
Looks like my favorite WI lawyer agrees with my asessment of this case:

http://www.familyandconsumerlaw.com/2013/06/palisades-may-be-dying-but-425109-is.html
My free speech is not legal advice.  If you need legal advice, you need to talk to a lawyer.

Litigation Defense record
Arbitration record:   9 wins * 0 loses
Court Record:         2 wins * 2 judgments (1 of the 2 judgments has been vacated, other judgment upheld on appeal, marked "satisfied", because I wrote a check.)

The one bank that beat me in court, I now have a $2200 limit credit card from them again.
Redemption is always possible.

siskelsghost

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Re: WI Appeals- Dist #2 Palisades vs. Kalal has been narrowed!
« Reply #9 on: June 17, 2013 06:36:13 PM »
In my opinion, with this big of debt and even if he survived a summary judgement, he still would have had an uphill battle if it went to trial.

It sounds like they had all their ducks in a row - all his statements and proper contracts and what not.

He should have brought up some issues with the contract and statements in which just an JDB affidavit would not have answers.

He had no sliver of "material fact" to muddy the waters.

I had an attorney from an OC send me every one of my statements - all with the wrong address and other incorrect details from the originals (which I had) - clearly computer generated files after the fact.

 I would of had a field day with those if it went to a summary judgement situation. But my MTC Arb made them go away!

I think Palisades would still apply in most of the sloppy JDB lawsuits.


trueq

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Re: WI Appeals- Dist #2 Palisades vs. Kalal has been narrowed!
« Reply #10 on: June 17, 2013 07:31:47 PM »
That's why it was so important to compel arbitration here.

Had Yang done that under Chase agreement, he would have won.

Doubtful this JDB would have pursued arbitration through JAMS.
My free speech is not legal advice.  If you need legal advice, you need to talk to a lawyer.

Litigation Defense record
Arbitration record:   9 wins * 0 loses
Court Record:         2 wins * 2 judgments (1 of the 2 judgments has been vacated, other judgment upheld on appeal, marked "satisfied", because I wrote a check.)

The one bank that beat me in court, I now have a $2200 limit credit card from them again.
Redemption is always possible.

 

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