Author Topic: Question on a potential FDCPA/FAA violation  (Read 980 times)

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Midas10k

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Question on a potential FDCPA/FAA violation
« on: April 25, 2012 12:15:26 AM »
Here's a nuance:  technically, the opposing counsel needs to try and oppose my MTC arb on the off-chance that he can get the judge to twist some appellate case in this State to fit his argument.

Does the SCOTUS ATT/Concepcion ruling overule all State decisions?

In this regard, technically, has an FDCPA/FAA violation been committed at this point?  I can see that, if the judge grants the motion and the opposing side continues to try and litigate, then violations have been committed.  That's crystal clear.  But what about simply filing a procedural response to my MTC?

CleaningUp

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Re: Question on a potential FDCPA/FAA violation
« Reply #1 on: April 25, 2012 01:47:38 AM »

...Does the SCOTUS ATT/Concepcion ruling overule all State decisions?...



SCOTUS decisions are binding in all jurisdictions.


Midas10k

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Re: Question on a potential FDCPA/FAA violation
« Reply #2 on: April 25, 2012 02:57:16 AM »
In other words, if the contract has an arbitration clause, and there's nothing in the State RCP that automatically waves your ability to elect arbitration, then there's no way that County Court judge can deny an MTC arbitration unless the respondent can pull a rabbit out his hat and say the contract is not the contract that was in force at the time of the default with the OC?

And in my case, the Plaintiff's attorney attached a copy of the contract he based his case on to the case filing.

lisser

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Re: Question on a potential FDCPA/FAA violation
« Reply #3 on: April 25, 2012 03:06:15 AM »
In other words, if the contract has an arbitration clause, and there's nothing in the State RCP that automatically waves your ability to elect arbitration, then there's no way that County Court judge can deny an MTC arbitration unless the respondent can pull a rabbit out his hat and say the contract is not the contract that was in force at the time of the default with the OC?

And in my case, the Plaintiff's attorney attached a copy of the contract he based his case on to the case filing.

The only term I can vouch for when I say a judge can and will deny your MTC is litigation conduct.

Well that and it being "just not your day" or you're delaying. I'm still having a hard time finding the RCP that states Tuesdays are "not your day" rule or anything about delay being relevant.

If you get a judge like I'm appealing, you could flip a coin and get a better read on how your motion will go.

Midas10k

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Re: Question on a potential FDCPA/FAA violation
« Reply #4 on: April 25, 2012 03:11:39 AM »
It seems that in your case, if the judge's decision is not based in law, you have FAA/FDCPA violations all over the place.

howucantoo

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Re: Question on a potential FDCPA/FAA violation
« Reply #5 on: April 25, 2012 03:39:18 AM »
It seems that in your case, if the judge's decision is not based in law, you have FAA/FDCPA violations all over the place.

FDCPA does not apply to court of law. Seriously!

Judges intentionally or unintentionally misapply the law, either way it's appealable and error can be reversed , but, appellant must point them out .


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If you need legal help, you should seek legal counsel.

Midas10k

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Re: Question on a potential FDCPA/FAA violation
« Reply #6 on: April 25, 2012 03:48:34 AM »
I was referring to the valid arbitration election that the plaintiff is ignoring.  "It's not your day" is not really a solid reason for a judge to rule arbitration is not valid.

howucantoo

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Re: Question on a potential FDCPA/FAA violation
« Reply #7 on: April 25, 2012 04:49:31 AM »
Once I was in presence of a judge in which during MTC hearing almost slap me with contempt of court,  because I was adamant to have arbitration enforced.

In no way or form did I ever waive my rights or utilize the court , but bench wasn't budging, it wanted trial and soon.

Personally, I preferred the death squad !

I appealed the order and got what I wanted.

Plaintiff dragged this case and continued litigation even after appellate court ordered arbitration in my favor. Meanwhile violations were gifts that kept on giving X ten.

I am reminded that court is like the show "Survival" in it the fittest will concur and weak will be fed to animals (aka/ debt collectors).

I am not an attorney, just  type" A" personality.
If you need legal help, you should seek legal counsel.

Midas10k

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Re: Question on a potential FDCPA/FAA violation
« Reply #8 on: April 25, 2012 05:32:07 AM »
When you refer to "violations" what were the nature of the violations that you sued them on?

In my situation, there are not any FCRA violations.  And I waived the no-call demand when I was trying to settle in earnest. 

The value of this guy's case is diminishing by the day, but my willingness to drive the value to zero and then make it have value for me is a function of how much time I want to put into this. 

Getting into appeals and Federal court suits seems like the amount of time that I'll have to put into this will go up exponentially. 

howucantoo

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Re: Question on a potential FDCPA/FAA violation
« Reply #9 on: April 25, 2012 04:09:39 PM »
When you refer to "violations" what were the nature of the violations that you sued them on?

In my situation, there are not any FCRA violations.  And I waived the no-call demand when I was trying to settle in earnest. 

The value of this guy's case is diminishing by the day, but my willingness to drive the value to zero and then make it have value for me is a function of how much time I want to put into this. 

Getting into appeals and Federal court suits seems like the amount of time that I'll have to put into this will go up exponentially.

During the proceedings violations escalated to more than FDCPA  it went up to fraud and professional / ethical misconduct , unfortunately can't discuss it now.

 I check CRAs regularly, I'd be surprised if no violation occurred !
I am not an attorney, just  type" A" personality.
If you need legal help, you should seek legal counsel.

Fighting Irish

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Re: Question on a potential FDCPA/FAA violation
« Reply #10 on: April 25, 2012 04:14:04 PM »
FDCPA applies in every court of law.

As do the decisions of the USSC.

Whether an individual judge chooses to ignore the law, is another issue.

Appeals are available for a number of reasons. The fact that judges try to overrule the law is one.
Dang it, Jim! I'm a nurse, not an attorney!

(The rest of you, keep that in mind, too.)

lisser

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Re: Question on a potential FDCPA/FAA violation
« Reply #11 on: April 25, 2012 08:21:00 PM »
FDCPA applies in every court of law.

As do the decisions of the USSC.

Whether an individual judge chooses to ignore the law, is another issue.

Appeals are available for a number of reasons. The fact that judges try to overrule the law is one.

+1

howucantoo

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Re: Question on a potential FDCPA/FAA violation
« Reply #12 on: April 25, 2012 09:15:34 PM »
"IN" court of law not "TO" court of law (Judge).

 OP already responded !
I am not an attorney, just  type" A" personality.
If you need legal help, you should seek legal counsel.