08-13-2005, 07:27 PM
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Waking Up
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Join Date: Oct 2004
Location: Virginia
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Judge denied appeal
The court issued a judgement on a credit card ( a friend) where as she had an abritration award against,Judge ignored her abritration award,she tried to appeal, and the judge denied it, then she went back and tried to appeal again and they told her she had to put up the whole amount of judgement to file appeal,she might not even get an appeal in court and if she put up the money then they can keep the money and then she's screwed. how can she or who can she go to( chief judge) to get an appeal so this case can be heard again? She had filed a motion to have it sent to Federal Court subject matter jurisdiction and the judge declined that too, he would not look at anything she put in, any suggestions to help her?
thanks
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dottucker
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08-13-2005, 08:50 PM
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Banned User
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Join Date: Aug 2005
Posts: 104
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The court issued a judgement on a credit card ( a friend) where as she had an abritration award against,Judge ignored her abritration award,
That's not surprising, since most of these so-called "arbitrators" are scammers who "decide" in favor of the debtor (usually while "awarding" the debtor astronomical damages as well) without the Credit Card company agreeing to their arbitration, or, for that matter, knowing about it.
For this reason, these so-called "arbitration awards" are utterly worthless. No court would uphold them and no Credit Card company would do anything but laugh at them. She might as well have simply burned the money she gave these "arbitrators".
she tried to appeal, and the judge denied it,
To appeal, there must be some grounds--a law that was disregarded or not applied correctly in the judge's decision. You must have grounds for appeal. You can't just say, "OK, I don't like the result, I'm appealing."
She had filed a motion to have it sent to Federal Court subject matter jurisdiction and the judge declined that too, he would not look at anything she put in, any suggestions to help her?
Obviously, she has little idea of how the law really works. She should hire a lawyer to deal with her case, instead of trying to win in a real court with nonsensical mumbo-jumbo of the "arbitration award" or "I'm appealing because I don't like your decision" type.
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08-13-2005, 09:16 PM
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Waking Up
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Join Date: Oct 2004
Location: Virginia
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what about jurisdiction? should the state court hear the case or is banking federal court? I feel it should have been in federal court, I tried to sue a debt collector in state court and was told I need to sue them in federal court, or is it the judge can do whatever he pleases, is there any remedy for this ? Should I do a BoE the one jersey used to discharge this debt for her, I need a little help in helping her.
thanks
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Originally Posted by Skeptic
The court issued a judgement on a credit card ( a friend) where as she had an abritration award against,Judge ignored her abritration award,
That's not surprising, since most of these so-called "arbitrators" are scammers who "decide" in favor of the debtor (usually while "awarding" the debtor astronomical damages as well) without the Credit Card company agreeing to their arbitration, or, for that matter, knowing about it.
For this reason, these so-called "arbitration awards" are utterly worthless. No court would uphold them and no Credit Card company would do anything but laugh at them. She might as well have simply burned the money she gave these "arbitrators".
she tried to appeal, and the judge denied it,
To appeal, there must be some grounds--a law that was disregarded or not applied correctly in the judge's decision. You must have grounds for appeal. You can't just say, "OK, I don't like the result, I'm appealing."
She had filed a motion to have it sent to Federal Court subject matter jurisdiction and the judge declined that too, he would not look at anything she put in, any suggestions to help her?
Obviously, she has little idea of how the law really works. She should hire a lawyer to deal with her case, instead of trying to win in a real court with nonsensical mumbo-jumbo of the "arbitration award" or "I'm appealing because I don't like your decision" type.
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dottucker
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08-14-2005, 10:49 AM
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Mental Jujitsu
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Join Date: Oct 2004
Location: near .. illinois
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Post a bond like the attorney is SUPPOSED to -- and ask for the court to release the bond to you.
Seeker
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"A person cannot cling to anything unless she believes in it; belief always precedes action, therefore a person's deeds and life are the fruits of her belief." - Above Life's Turmoil
When every single thing you do aligns with your values,you will be among the happiest people on this earth. - Peter Thomas
Best-selling author, Century 21 world brand developer, Four Season hotel developer, and mega-success story
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08-14-2005, 11:53 AM
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Waking Up
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Join Date: Oct 2004
Location: Virginia
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Do you mind giving me a little more information on this bond, what kind of bond is this and where can I find this bond? My friend is a school teacher and I believe they are going to wait until school is back in then garnished her wages, you can e-mail me off line with this info if you like.....
thanks again......
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Originally Posted by seeker
Post a bond like the attorney is SUPPOSED to -- and ask for the court to release the bond to you.
Seeker
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dottucker
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11-12-2005, 08:04 PM
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a bond
Can anyone help me with this bond thing. I am thinking of suing these credit debt attorney collectors because i had put in a billing dispute letter and the credit card companies just ignored it. I mean they still reported me derogatory,sent it to a third party, still sent me bills without acknowledging i was disputing the bill. Anyways i have four judgements and am about to file a claim in federal court. Can anyone help. My personal email address is benzboyb@yahoo.com.
Peter |
11-12-2005, 11:01 PM
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Come and Get Some!
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Join Date: Oct 2004
Location: Illinois(chi-town)
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Quote:
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Originally Posted by daniel1
Can anyone help me with this bond thing. I am thinking of suing these credit debt attorney collectors because i had put in a billing dispute letter and the credit card companies just ignored it. I mean they still reported me derogatory,sent it to a third party, still sent me bills without acknowledging i was disputing the bill. Anyways i have four judgements and am about to file a claim in federal court. Can anyone help. My personal email address is benzboyb@yahoo.com.
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File the Motion to vacate the judgement without any appearance in court, instead of filing a claim in federal court.
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Resolution pending
Last edited by charlesa6 : 11-12-2005 at 11:06 PM.
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11-16-2005, 11:47 PM
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Come and Get Some!
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Join Date: May 2005
Location: Water Wonderland
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Part of the arbritration (if its one "recognized" by the court) is that you have 90 days to appeal the arbri. award in a "Federal District Court" (not your local
court) cause at day 91 the lawyers will file a motion for summary judgement to collect on the debt. And you can not, at that point appeal it, or anything, you are toast! It is a done deal thats why these creeps like this binding arbritration clause in their credit card "contracts" because it is even more difficult to contest.
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