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Arbitration / Re: No word on Arb status
« Last post by ~Kathy~ on Today at 08:42:56 PM »
Yes already in Jams.  Thank you.
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Sample Pleadings / RE: Portfolio Recovery Suit
« Last post by texagg on Today at 08:33:20 PM »
So, they have filed a bunch of paperwork locally, what look like copies of old statements, at my local County Clerk's office.

I Guess they realized the had no paperwork on which to base a case on! They really do bank on people not responding.

So, I notice that they are lacking a jurat in their paperwork. Texas case law as ruled that "Affidavits" that are not notarized are not valid and not admissible. Not to mention they will not provide the person that made the alleged document for questioning.

So, do I: 1. have to file paperwork to object to the evidence, now, before the trial on 10/10. or;

2. A general objection to the evidence, and make my arguments orally on 10/10, or;

3. Make my objections orally (of course I will bring 3 copies of the citations for the court and JDB counsel) in court, the day of trial.

My concerns are that 1. If I don't object to the evidence before trial, it will be considered "accepted" by me, balanced against 2. If I informed they of the defect now, they might try to correct it.

If I make my case orally day of, they will not have a chance to correct it (not that they could very well), and, having suppressed the only evidence they have, request an immediate dismissal with prejudice.

Opinions, please.

Regards,
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Arbitration / Re: No word on Arb status
« Last post by The Litigator on Today at 02:35:58 PM »
As I understand you are already in JAMS correct?

Synchrony likes to funnel their arbitration cases to a particular firm similar to Capital One.

This firm in particularly is slow when trying to settle these pesky Mickey Mouse collection matters.

Take no offense. This is their style. All you can do is follow up every once in a while and keep them on their feet. If you have to go back to court and "check in", I'd tell the nice judge Synchrony is dragging their feet and be prepared top show proof.
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I found this thread with case law.  I am in Massachusetts.  Doesn't look like any of it is from Massachusetts.  BUT also people in the thread say they prefer to initiate.  Not sure what I should do here.

http://www.debtorboards.com/index.php/topic,22583.msg184734.html#msg184734
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Yesterday received - Motion For a limited stay of proceedings and motion for defendant to initiate arb.

I elected Arb and at pretrial conference asked when I would initiate.  I said when the bank sends me the $250 as stated in the contract.  They have yet to send me the money, but in the motion they say they will send it. 

When I reread the card agreement it says that "Any claim may be resolved by binding arbitration if either side REQUESTS it" AND.... "This means if we or you CHOSE arbitration, neither party should have the right to litigate.

I have sent them the letter that I elected arbitration.  The way the contract reads is that I have elected arbitration and they no longer have the right to  litigate in court.  It doesn't say anything about initiation

I was thinking or responding with motion to compel plantiff to inititate arbitration and motion to dismiss
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General Credit Forum / Refinance with old judgment
« Last post by moondog on Today at 01:26:49 PM »
Hi All,

So i decided go go with my credit union instead of Chase, my current mortgage holder, to refinance.

The credit union has found a judgment from 2010 i did not know about but looks like its mine. It's from a business i briefly owned and is about 4k. The credit union says i have to settle this before close or we will settle at close and roll into mortgage. So i contact lawyer who got the mortgage by email offering settlement and heard nothing. So a week later i call . the lawyer says they forwarded to their client to respond and it is another week and still nothing. A week ago, the credit union said hey would ask underwriter if they can just close with this open judgment and then they came back and said maybe we can take care of the judgment at closing.

What options do I have ? How do you take care of the judgment at close if no one wants to take your money ??

MD
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The quick answer is to cut out some of the things on which you are spending your income.

If you have a cell phone and land line, cut out one of them.  Cut down on the cell phone plan features and postpone getting a new one.  Don't get a new car;  travel less.  Pare back your cable TV subscription or cut it completely...most of what people watch these days is available in the internet.  Take your lunch; don't go out for it.  Make your own coffee...a months worth of Starbucks take-out adds up.  Eat your leftovers.  Reduce your heating and air-conditioning costs, and start making a changeover from incandescent and fluorescent bulbs to LEDs in your lighting.

If you can pare 10% to 15% from your monthly expenses, you'll be fine.

Yea, yea, yea, that's easy to say, you think.  And, yes, it is easy to say and much harder to do.  But you have to remember what you want and be able to sort through and sacrifice the "I wants" for the "I needs".  And if you can do that, when the money starts flowing again, you can have more money to spend on future "I wants" instead of being locked into a bunch of them that you no longer want, and certainly don't need.

It takes discipline.  And discipline is knowing the difference between what you want and what you need.
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Does anyone have a good draft of an Equifax data breach civil case for unlimited jurisdiction in California under California statutes?
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This month i was unable to meet the minimum payment due on my american express business. my industry is definetly slower in the winter months and i assume that i wont beable to meet my minimums any longer. I have been self employed with a store front for the last 10 +years. i have reduced my spending but i am unable to make progress on my debt.  with my income falling 33 percent this year.  while all my cards are within 30 days late at this point. i am looking for what i am up against and steps i need to be taking now.

my current debts are
american express platinum business 35k
chase 25k
personal loan 13k
cap1  5k




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