Recent Posts

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Arbitration / Re: Back to JAMS after JAMS CLOSED CASE
« Last post by Bubbles on Today at 05:22:45 AM »
When one side files a motion, the other side usually files a memorandum in opposition.

Authorities cited in motions and memoranda are mostly rules of procedure, statutes, and case law:

By what "authority" did you amend your answer?

I take it that the arbitrator has yet to rule on your motion. If so, chill.  //

I hope you can make this case go away for good via SOL defense in November court hearing.

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Arbitration / Re: Back to JAMS after JAMS CLOSED CASE
« Last post by mommy4ll on Today at 04:47:26 AM »
I thought arbitration was informal? I requested to amend my answer, affirmative defenses and counterclaims. The Arbitrator said he would not consider it until I filed a motion requesting it and give reasons.

I filed a motion requested to amend and gave reasons. Discover object because I did not cite cases.

I object to discover. Is this normal arbitration process?
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Collectors and Agencies / Re: Sewer Service - Default Judgment
« Last post by delandra on Today at 02:47:42 AM »
I’m not doing anything for them other than sharing 101 level knowledge and telling them to take deep breaths and relax.  The only advice I’ve given to date is to request copies of the case filings and NOT to call the JDB (the debtor’s first inclination) on the phone.

Honestly, your “pull yourself up by the bootstraps” attitude in so many threads here is counterproductive and seriously rubs me the wrong way.  I’m not trying to do the work for them, this is the last thing I want to deal with.  I’m simply trying to explore options, determine if they’re apt to remain judgment proof when their settlement happens, and keep them from shooting themselves in the foot.

Flipping through the proverbial “yellow pages” is a waste of time.  There are no attorneys in a three hour radius that would take this on contingency.  At this point there’s nothing to take, no obvious FDCPA violation or other low hanging fruit, so they’d be paying a retainer, which they don’t have, even if they could find a good attorney, which is a roll of the dice.  Think West Virginia, but more rural, more burnt out, and more brain drained.  The only good thing, if you can call it that, is that the JDB’s lawyer probably comes from the same pool of local incompetence.

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I agree, that federal and state laws are very clear for many issues. Why there are no waivers mentioned in the law itself. In fact in the entire federal or virginia law there is no word like WAIVER in the arbitration section. Again, in my opinion the arbitration can inly be waived if the waiver is in the arbitration agreement itself.
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Yes, we do have more knowledge than most attorneys who have never addressed the subject with any consistency.  After all, that the subject that we deal with hear.

And as for waiving the right to arbitration?  Most states don't have statutes that state that it can be waived, but meaningful participation in the court proceedings IS view as a tacit waiver of the contractual right to arbitrate.

Here's a reasonable discussion of the issue:  http://www.robertmhall.com/articles/WaivArbRights.htm
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Collectors and Agencies / Re: Sewer Service - Default Judgment
« Last post by CleaningUp on Today at 02:01:44 AM »
Start with the phone book and then look a the records of the attorney in the on-line databases.

Calling them and interviewing them over the phone is another option.

And, unless the person you are helping has representation, they are going to have to face the courts or accept default all on their own.

You are not doing them any favors by doing the work for them. 
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Yes, I agree. It is based on the judge and his/her knowledge of the law. In Virginia there is no law that states that the right to arbitration can be waived. The same is true in federal law. According to the law you should be able to bring the MTC arbitration any time you want. There is no article/section in Virginia law or Federal Law that states arbitration can be waived, unless until waiver is in arbitration agreement itself. Most District Courts are good for Tenant and Landlord cases, or the dog ate my cheese kinda cases, when it comes to arbitration, they have no awareness of the law. Again my opinion. I found that the people in this form have more knowledge of arbitration law than the attornies and courts.
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Collectors and Agencies / Re: Sewer Service - Default Judgment
« Last post by delandra on Today at 01:19:18 AM »
It’s tough to explain, to someone not from this area, but the number of bad lawyers in that part of the country is significantly greater than the number of good ones.  I’ve seen it in many different aspects of the law, criminal, bankruptcy, personal injury, family, etc.  FDCPA/consumer law is a specialty practice, one that I’ve had a hard time finding practiced attorneys in major cities, so I’m not even sure where to begin when I’m not there, and I worry about the damage an incompetent attorney could do. :(

Bankruptcy isn’t an option, they don’t owe enough to make it worthwhile, so why “waste” a filing, particularly with the possibility of medical bills on the horizon?

The debtor is well and truly disabled, barely able to care for themselves, no prospect of ever rejoining the workforce.  If their future PI settlement can be structured in a way to be shielded from creditors there’s truly no reason to care about future judgments.  I don’t know anything about that sort of thing though, it’s never been something I’ve had to contemplate.
 
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Collectors and Agencies / Re: Sewer Service - Default Judgment
« Last post by CleaningUp on Yesterday at 11:45:23 PM »
The clerk's comment was likely a statement of clerical fact, not legal advice.

As for helping your friend a continent away, wouldn't it be better for you to help your friend to find a lawyer in a near-by town?

Long-distance UPL is not something you want to get into.

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Collectors and Agencies / Re: Sewer Service - Default Judgment
« Last post by Kitten on Yesterday at 11:37:20 PM »
If service really was improper, a nice Bar Association complaint for the attorney?

Is it improper to attach a motion for sanctions to the papers to vacate the judgment?
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