Recent Posts

Pages: [1] 2 3 ... 10
1
The Old Northwest - OH, IN, IL, MI, KY, WI / Re: ORC 1345.09
« Last post by LightBearer1307 on Yesterday at 11:58:36 PM »
Before ANYONE else starts answering this thread some idiot has revived an EIGHT year old thread!!!  EIGHT. I am sure the issue is resolved by now.



The issues may be applicable to anybody else who reads this thread.


<Flameng removed>  :tos:
2
Arbitration / Re: Creditor filed MSJ in response to my MTC
« Last post by Bubbles on Yesterday at 08:50:47 PM »
The answer of course is just your responses, "admit" or "deny", to the numbered allegations.

Like your memorandum in opposition to MSJ, the affirmative defense of Arbitration filed with answer would contain the disputed material facts. That means a brief sentence or two explaining / supporting the defense.

Hopefully MTC granted, and answer avoided - but just in case.


The material fact that is triable at this point is the the court's jurisdiction in the case. 

In my objection to the MSJ, I focus on that point.

I would, however, have an answer to the complaint prepared in the event that the MTC is denied so that I could immediately file an answer which would establish my defense and point out the material facts that are in dispute.

We get back, here, to the argument of filing an answer prior to the dispositive hearing on the MTC.  One might have a valid argument in filing an answer with the affirmative defense of the court's lack of juristicion of the contractual dispute.  Doing so would again permit the Defendant to offer a version of the plaintiffs contract that us favorable to his demand for arbitration, and force the plaintiff to show differently. 

The argument would go, that if the plaintiff did offer a contract, the different contracts would constitute a dispute over a material fact, derailing the MSJ.  If they plaintiff did not offer a contrary the court is faced with a contract that requires arbitration if elected and a Supreme Court ruling that requires a clause for arbitration in a contract to be honored in the same way any other contractual clause is honored.

To the issue of waiver, I would turn to my state's case law and look for the guidelines that that case law sets.  And within those guidelines I would be arguing that objecting to an MSJ would not be litigating the case since without the opposition a judgement would be issued by default.  That would be a situation where the defendant would be penalized whether or not he objected, a singularly unfair application of procedures that materially impacts the constitutional rights of the defendant to confront his accuser.
3
Arbitration / Re: Summons by Gurstel in Arizona Asking for Assistance
« Last post by BrokeBob on Yesterday at 08:11:10 PM »
True about BK.

I remember when I was considering BK.  At the time, I was barely making ends meet AFTER defaulting on everything.  So BK 13 looked really bad.  I earned just a little too much for BK 7.  Also, I was underwater on my home and had almost no assets protected. 

OTOH, I've known people for whom BK was a godsend. 
4
Arbitration / Re: Summons by Gurstel in Arizona Asking for Assistance
« Last post by ironfist on Yesterday at 07:10:01 PM »
Definitely check out Flyingifr's thread. My wife is currently judgment proof (perhaps more accurately called "collection proof", but JP is the common term) and her judgment creditors haven't been able to collect a dime.

For all intents and purposes, a money judgment is just a piece of paper that declares that you (debtor) owe another party (creditor) a certain sum of money. The judgment also gives the creditor a variety of tools to help enforce the judgment if the debtor does not pay voluntarily. However, these tools are not unlimited. Certain earnings and property are exempt from collection, although this varies widely from state to state. Judgments also lapse or expire and become unenforceable, although the time this takes also depends on state law.

Bankruptcy is an option, but it's not the only one. For some, bankruptcy is a godsend and the best solution. For others, it's not a good deal at all. It all depends on individual circumstances.
5
Arbitration / Re: Summons by Gurstel in Arizona Asking for Assistance
« Last post by BrokeBob on Yesterday at 03:18:28 PM »
What other option besides BK is there?

Check the threads of making oneself judgment proof. 
6
Arbitration / Re: Summons by Gurstel in Arizona Asking for Assistance
« Last post by BrokeBob on Yesterday at 03:17:46 PM »
She reached out several times with settlement offers.  There has been no interest.  Hopefully the appeal will change that.

interesting.

Sometimes Discover is willing to negotiate at certain windows.

The next window would be between the time Discover gets the bill for the 3-arb panel and when they pay it. 

It they are not willing to negotiate at that time, the next and last window will be between the time when they get the bill for the hearing and when they pay the bill.

If they don't negotiate either of those times, well, Discover will probably be awarded the full amount.  If they are NOT awarded arbitration fees, she will at least be a lot better off than she is now. 
7
Arbitration / Re: Summons by Gurstel in Arizona Asking for Assistance
« Last post by TM97 on Yesterday at 09:41:24 AM »
If Discover prevails in the end obtains a judgment, do you have any plan to thwart collection efforts?

What other option besides BK is there?
8
Arbitration / Re: Settlement offered , need advice fast!
« Last post by CleaningUp on Yesterday at 02:58:06 AM »
Because you continually demonstrate to us that you aren't capable of rational thinking without someone using a 2x4 across your head.

Settlement agreements are all about the details.  What sounds good doesn't necessarily mean that its good.   Put the deal in front of your lawyer...Offer and acceptance...accord and satisfaction, if you will...is a lot more complicated under the law than in the mind of a twenty-something day-trader who lost his shirt.

As for how events unfolded?  How about taking responsibility for your own actions for a change.  You asked questions...We gave our experience and thinking.  Most of the time...99% of the time, unless your serious about settling and actually have the cash to do so immediately, contacting the original creditor means that in the end you lose the negotiation.

You are now suggesting that you could have done better...Well, yea...You could have...If you were prepared to see it through in the long haul and actually negotiate.  They made a good offer.  You were desperate to avoid taking a judgement and interested in taking your trip to Asia, kicking the can down the road.  We said take it.

I would still say it is best to take the offer given where your head is at.  Why?  Because it allows you to do what you want with knowing that the can could come back in your life at any time and disrupt everything that you have your little heart set on.

Your father must be really proud of you.
9
Arbitration / Re: Settlement offered , need advice fast!
« Last post by bankrupt trader on Yesterday at 12:31:42 AM »
Why is everyone saying my judgment isn't good.

I took care of everything, had patience to wait it out for a good negotiated settlement, and no damage to my credit history.

The biggest mistake I made was not calling my original creditor and probably getting the same or better deal much earlier. This was because a few people here said that it was a waste of my time.

To say my judgement is bad is flat out just wrong.

It should have been obvious with a huge debt like this they would easily take 40% on that. Probably could have done even better. I wasted my time with worrying about judgement and bankruptcy. Which was just stupid if I had enough money to settle it at 40%.





10
Arbitration / Re: Summons by Gurstel in Arizona Asking for Assistance
« Last post by ironfist on May 24, 2018 10:40:53 PM »
If Discover prevails in the end obtains a judgment, do you have any plan to thwart collection efforts?
Pages: [1] 2 3 ... 10