[MADDOG]

Hello everyone. I've been lurking for some time, both here and on quatloos. I've been waiting to see how my case is shaping up before posting. I appreciate the helpful spirit of mutual cooperation demonstrated here (with the exception of a few who bring the quatloos mentality here, unfortunately). But I digress.

Brief history: I learned of debt elimination while researching the Internet for info on bankruptcy. DE seemed much preferable to bankruptcy, especially after reading about credit/money creation by bookkeeping entry (out of thin air), and deciding that mortgaging my homesteaded property here in Florida to pay off the debts would be foolish - why substitute secured debt for unsecured debt?

Yes - I got myself into this mess financially. Nobody twisted my arm to use those credit cards, but the deeper I got into debt, the more credit they extended me. I got scads of offers for convenience checks and they increased my credit limit even though I'd had a reversal of fortune (my career was cut short - long story). I honestly believe the intent is to get me so far into debt that I would let them take my house to get me out of it. NO dice!!!

After learning about money creation in lending, I decided no way would I give up my homestead to pay off credit created out of thin air (which drove up all the housing prices into the stratusphere anyway).

In 2004 I bought the program offered by ADS - Alternative Debt Services, a company which displayed the Better Business Bureau insignia on their web site. I checked at the BBB and there were no complaints, and the company had been in business for over 5 years and on the BBB description the business was described as providing an "alternative to bankruptcy". That convinced me. I paid for their program - $2,500.

They sent me (by email) a series of "dispute" letters to send to the credit card companies. I followed their instructions to the letter. After that series of dispute letters, I was to use an independant arbitration company that ADS recommended after sending the credit card company a "notice of final payment and agreement to arbitration with a forum of my choice" with a $20 check that I identified as consideration for the agreement.

I was told that three of my credit card companies could be arbitrated with one little arbitration company, but that the other bank had to be arbitrated with a different little arbitration company because that particular bank had sued the first arbitration company to stop them from hearing any more cases.
I was told that as long as I had followed instructions and sent the dispute letters, I should be able to prove my dispute with the arbitration company. My dispute was based upon "fraud and failure to disclose".

I did receive arbitration awards in my favor against all 4 credit card companies - almost $95,000 worth of credit card debt. 3 from the arbitration company right near home, but the other one from a company out of state because the local company had been sued by that one particular bank and could not hear the case impartially because of the lawsuit. As this process progressed, I learned that one particular bank had targeted any independant arbitration company that ever ruled against them, and sued the companies to put them out of business. This is to make sure that no independant arbitration companies exist that might find against the bank. Meanwhile, the bank orders its customers to use only NAF or JAMS or AAA if there is a dispute. A slam-dunk for the bank.

I rested easy after the 4 arbitration awards, and started getting my life back together. I studied and became a real estate broker (total change of careers) and began to rebuild my life. Then the summons came - from the same bank that sued the little arbitration companies. I called ADS, and emailed their "workgroup" (the paralegals who were supposed to help me with the process) to ask for help. No dice. They told me I'd have to pay $3,000 more for their "summons support program" now that I'd actually been sued.

I went BALLISTIC!!! They had guaranteed me that my debt would be eliminated, or my money back!!! Their answer was that my debt had been eliminated as of the arbitration awards, but that if I was sued, I had to defend the arbitration awards myself, or pay them to help me. Then I knew I'd been HAD. I believe they knew I'd be sued and set me up on this whole path knowing they'd collect more money from me after the lawsuit started.

@$%^@! I told them to F- - - themsleves and hung up. I started reading things on the Internet, and found this lawyer here in Florida who sells tutorials about handling lawsuits pro se - jurisdictionary.com. I bought his stuff and studied it. The tutorials were great. I learned about the procedure and filed a Motion for More Definite Statement, which was granted; then a motion for dismissal based upon the existance of the arbitration award. Their reply was that the award was "a sham" - so I joined versuslaw.com and did some research. I'll post it later in this thread - it will help anyone who lives in Florida. It almost stumped them because they failed to dispute the award within the statutory period of time allowed, but the judge ruled that the arbitration award is an "affirmative defense" and would not dismiss before I answer the Complaint (still in the Flurry of Motions stage). If I had asserted the agreement to arbitrate instead of the actual award itself, I think I would have succeeded in getting the case dismissed... but I'll know that now.

This is already a long post, so I'll submit it and then post my sanitized final motion for you all to see. If you're interested I'll sanitize and post the earlier ones, too. This latest one seems to have stumped the Plaintiff, SO FAR... the collections atty did not respond timely, and then the judge ordered him to respond within 15 days, and he did not answer - it's been over 45 days now. ..... to be continued....