Author Topic: Wisconsin SOL vs Delaware SOL and the ruling against me  (Read 9281 times)

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Never Evil

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Re: Wisconsin SOL vs Delaware SOL and the ruling against me
« Reply #30 on: January 19, 2014 06:05:09 PM »
My thinking of the unconsciousable contract mostly refers to that the contract defined the laws of Delaware would be enforced and they are now not, therefore there was no meeting of the minds to create the contract according to Wcpa definitions that if any part of the contract is void, its all void.
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BellEbutton

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Re: Wisconsin SOL vs Delaware SOL and the ruling against me
« Reply #31 on: January 19, 2014 07:03:50 PM »
My thinking of the unconsciousable contract mostly refers to that the contract defined the laws of Delaware would be enforced and they are now not, therefore there was no meeting of the minds to create the contract according to Wcpa definitions that if any part of the contract is void, its all void.

If the agreement contains language about use and acceptance, and you used the account, then that would be considered a meeting of the minds unless you disputed charges, payments, interest rates, or something else related to the account before it was charged off.

A state's borrowing statute has nothing to do with the validity of a contract when that contract is created between the parties.

Never Evil

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Re: Wisconsin SOL vs Delaware SOL and the ruling against me
« Reply #32 on: January 19, 2014 07:22:50 PM »
Ok cool, then we are back to the 893.07 defense that this is a dead contract due to the statue of limitations of a foreign action running out.
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Bruno the JDB Killer

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Re: Wisconsin SOL vs Delaware SOL and the ruling against me
« Reply #33 on: January 19, 2014 07:52:46 PM »
y thinking of the unconsciousable contract mostly refers to that the contract defined the laws of Delaware would be enforced and they are now not, therefore there was no meeting of the minds to create the contract according to Wcpa definitions that if any part of the contract is void, its all void.

Completely wrong. Unconscionability goes back to the contract itself. You have to show that the contract was so one sided as to afford the other side an unfair advantage. If you thought that, why did you continue on with that agreement?

You're all over the place with this argument, it goes nowhere.
« Last Edit: January 19, 2014 08:54:23 PM by Brunothe JDBKiller »
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

Never Evil

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Re: Wisconsin SOL vs Delaware SOL and the ruling against me
« Reply #34 on: January 19, 2014 08:35:25 PM »
I agree Bruno, but this is coming from a person that has never gone through this (me) and a giant tool box of options has been laid at my feet.  I am trying to narrow down the best option for me to win. I do not intend to waste anyone's valuable time. The resources on this board are invaluable and vast, and I am just wide eyed at all options presented to me. I am very appreciative for all that have fought before me, but the end game is to paint them into a corner so that I can win.

Thank you for understanding.
« Last Edit: January 19, 2014 09:19:26 PM by Never Evil »
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Flex

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Re: Wisconsin SOL vs Delaware SOL and the ruling against me
« Reply #35 on: January 20, 2014 06:04:03 PM »
I agree Bruno, but this is coming from a person that has never gone through this (me) and a giant tool box of options has been laid at my feet.  I am trying to narrow down the best option for me to win. I do not intend to waste anyone's valuable time. The resources on this board are invaluable and vast, and I am just wide eyed at all options presented to me. I am very appreciative for all that have fought before me, but the end game is to paint them into a corner so that I can win.

Thank you for understanding.

I was where you are back in November when I found this site. Absorb the info, and accept the tough love.  The people here will be tough on you so that it makes dealing with the real vultures (debt collectors) easier. Plug away each day. In the end, you'll outwork your opponent, because very rarely do they take you seriously until it is too late.

Bruno the JDB Killer

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Re: Wisconsin SOL vs Delaware SOL and the ruling against me
« Reply #36 on: January 20, 2014 07:01:12 PM »
We're not criticizing you or yelling at you when we use terms like "completely wrong." We are just trying to make sure there is no confusion on your part. As long as you come here before you submit anything to the court, you'll be fine.

I often play devil's advocate, I will give you exactly what opposing counsel is likely to give you. That way, you'll know what arguments you're likely to face, and you can be ready for them. In this case, your argument was self defeating.

The best thing we'll probably do for you is point out mistakes that you are about to make. We will often tell you why, and in legalese. You'll get used to it, it's like Daniel learning Karate in The Karate Kid. He was learning all along and never knew it. Now, come back tomorrow. Sand the floor, paint the fence.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

Flex

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Re: Wisconsin SOL vs Delaware SOL and the ruling against me
« Reply #37 on: January 20, 2014 07:55:57 PM »
We're not criticizing you or yelling at you when we use terms like "completely wrong." We are just trying to make sure there is no confusion on your part. As long as you come here before you submit anything to the court, you'll be fine.

I often play devil's advocate, I will give you exactly what opposing counsel is likely to give you. That way, you'll know what arguments you're likely to face, and you can be ready for them. In this case, your argument was self defeating.

The best thing we'll probably do for you is point out mistakes that you are about to make. We will often tell you why, and in legalese. You'll get used to it, it's like Daniel learning Karate in The Karate Kid. He was learning all along and never knew it. Now, come back tomorrow. Sand the floor, paint the fence.

There is so much truth here. I thought I'd never get it. I had so many sleepless nights. Now a JDB lawyer that only sent threatening letters for months, calls me every day. I hope I'm part of the reason she was at the office Saturday, Sunday, and today (a holiday). Hang in there.
« Last Edit: January 20, 2014 08:01:16 PM by Flex »

trueq

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Re: Wisconsin SOL vs Delaware SOL and the ruling against me
« Reply #38 on: January 21, 2014 03:55:19 AM »
Everyone---

This whole thread drives me crazy.

USE arbitration!!!!!!

That can get you the foreign application of shorter statute of limitations!

WI courts will, unlikely recognize the shorter limitation for credit card contracts, but in arbitration you can get it.

Arbitration is also a better strategy than the unconscionability argument.

Arbitration can solve the problem of WI courts failing to recognize shorter foreign limitation!
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.

CtrlAltDelete

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Re: Wisconsin SOL vs Delaware SOL and the ruling against me
« Reply #39 on: January 21, 2014 01:24:57 PM »
+ 1 to Trueq

There is likely no one on this board with more experience in WI and with arb
You are only defeated when YOU give up.

Bruno the JDB Killer

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Re: Wisconsin SOL vs Delaware SOL and the ruling against me
« Reply #40 on: January 21, 2014 04:27:54 PM »
Very true, but we are starting to see more and more cases where the default occurred after arbitration was removed, which presents a different problem. Eventually we won't see any arbitration opportunity, they will all be beyond the statute of limitations.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

BrokeBob

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Re: Wisconsin SOL vs Delaware SOL and the ruling against me
« Reply #41 on: January 21, 2014 10:26:01 PM »
TrueQ is the leading expert on arbitration in WI.

In addition, I have had several WI cases in arbitration.  One bank completely bailed, and refused to arbitrate (what's in YOUR wallet?).  In all other cases, the result was satisfactory, but I cannot talk about iany of thhose cases.  Coincidently, I visited Mount Rushmore after one case.

kdog

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Re: Wisconsin SOL vs Delaware SOL and the ruling against me
« Reply #42 on: January 22, 2014 02:39:40 AM »
It is always great to hear from the Pope of Arbitration.

Undoubtedly one of the greatest legal minds in DB history.

Sure-fire First ballot DB Hall of Fame....That be Trueq

Never Evil

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Re: Wisconsin SOL vs Delaware SOL and the ruling against me
« Reply #43 on: February 02, 2014 11:12:15 AM »
Good news, filed the appeal within the time alotted by the system, and received a letter confirming the pre-trial conference and trial date with a circuit court judge. I do believe this case will be heard de novo.  I need to get my questions for discoveries in order, but if there is anyone with an ace up their sleeve for me, I'll play it. It does look like I will have to litigate this one to the end.
Have a nice day!

Never Evil

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Re: Wisconsin SOL vs Delaware SOL and the ruling against me
« Reply #44 on: February 20, 2014 05:01:55 PM »
Good news to anyone following this thread. Since this case was appealed to the circuit court, it will be heard de novo and arbitration is back on the table (from what I can tell). The motion will be heard 30 minutes prior to the pre-trial.
Have a nice day!