Midland/Arizona

[Beergoggles]

Just checked the court website and I am scheduled for a pre-trial conference for both cases on the same date. Maybe the judge is peeved at them? I sure hope so!
I have noticed most cases drag on and on mine is moving so fast its making my head spin. I was first served beginning of Dec and 20ish Jan for 2nd case and already have pre trial set for less than 30 days in both. Is this a fast moving case or is it just me?

[legaleagle]

It's probably a little of each. Things move fast if you don't know how to slow them down.

[Beergoggles]

Originally Posted by legaleagle

It's probably a little of each. Things move fast if you don't know how to slow them down.

I have filed motions, went to a bogus mediation, amended answers, getting ready to send discovery requests, working on rogs I am a carpenter not a lawyer, so much information to learn so fast, very confusing!

[Beergoggles]

I saw the sticky for ROGS should I use those or maybe there are others? If you want a door installed I am your man. Legal stuff nope not me! ARRRRGHHHH whew that felt good. Thanks
BG

[legaleagle]

Your best bet to slow things down is to ask the court for an extension of time to respond. You can get this for discovery and for almost any motion. Include the fact that you are representing yourself and need time to respond, etc. If you want to slow down discovery, file objections to what they send. Make sure they are legit, though. That puts the ball back in their court. This is Midland, they will not spend endless money on legal fees, it just isn't in their business model. Production of documents is better than rogs, check the ones I posted recently.

[Beergoggles]

I have my discovery ready just waiting for PO to open Thanks. Will check your doc requests as well.

[Beergoggles]

I have been searching for a thread that had cases where the opinions say they have leniency on pro se litigants and are not held to the same standards as attorneys, having a hard time finding it. Does anyone know where it is?
TY
BG

[Beergoggles]

Originally Posted by legaleagle

Production of documents is better than rogs, check the ones I posted recently.

I take it these 2 questions are planned as I have seen many req for docs to def asking for the statements. (from your doc req. I used them by the way)

Any documents evidencing that defendant retained monthly statements for an unreasonable amount of time

Any document produced by plaintiff in the normal course of business defining "unreasonable amount of time."

So when they do not answer these questions, but ask me for the same documents referred to in above questions I can toss it back at them? How I do not know but will be sure to find out when the time comes!

[Beergoggles]

Ok now the clock is ticking. My discovery request were delivered I am anxious to see what they send.

[Beergoggles]

I have been looking and am able to find it. In AZ do they or do they not have to produce the person that signed the affidavit? In Person. I heard yes they do and I have heard no they don't. I will quickly object to a telephonic appearance for sure. Seems like a long drive from Minnesota.

[BV80]

Originally Posted by Beergoggles

I have been looking and am able to find it. In AZ do they or do they not have to produce the person that signed the affidavit? In Person. I heard yes they do and I have heard no they don't. I will quickly object to a telephonic appearance for sure. Seems like a long drive from Minnesota.

I found this in the AZ Rules:

Rule 30(b). Notice of Examination; General Requirements; Special Notice; Method of Recording; Production of Documents and Things; Deposition of Organization; Deposition by Telephone


(7) The parties may stipulate or the court may order that a deposition be taken by telephone. For the purpose of this Rule and Rules 28(a), 37(a)(1), 45(c)(3)(A)(ii), and 45(e), a deposition is taken in the county where the deponent is to answer questions propounded to the deponent.

[Beergoggles]

Thanks BV80

[legaleagle]

Any documents evidencing that defendant retained monthly statements for an unreasonable amount of time

Any document produced by plaintiff in the normal course of business defining "unreasonable amount of time."


This is an element of account stated, their favorite cause of action. The theory says that if you received and retained statements for an unreasonable amount of time without protest, you have admitted that the amount is correct. They usually say 30 days. BS in my opinion. That's why I suggest making them define unreasonable. Why is it you only get 30 days, and they can wait 3 years to sue while interest piles up?

[Beergoggles]

Does anyone have any case law for AZ?

[Beergoggles]

?

[legaleagle]

Case law for what? Be more specific.

[Beergoggles]

hearsay/standing/FCRA violations.

[legaleagle]

standing to sue "credit card" - Google Scholar


FCRA "FCRA" - Google Scholar


Not much available, this is a federal statute not state



hearsay "credit card" - Google Scholar



You can use Google Scholar to find anything you want, just use the advanced search. Case law from other states is perfectly acceptable, these are national banks, they do business and sue in all 50 states, so those decisions are good as well. Give a judge 20 good cases and he'll know you did your work.

[Beergoggles]

Thanks!

Originally Posted by legaleagle

standing to sue "credit card" - Google Scholar


FCRA "FCRA" - Google Scholar


Not much available, this is a federal statute not state



hearsay "credit card" - Google Scholar



You can use Google Scholar to find anything you want, just use the advanced search. Case law from other states is perfectly acceptable, these are national banks, they do business and sue in all 50 states, so those decisions are good as well. Give a judge 20 good cases and he'll know you did your work.

[Beergoggles]

Just received this today along with my motion to preclude affidavit that was GRANTED, They did not even respond to it. So now they have no affidavit and only a bogus cc agreement. What happens now? How can the judge even entertain a MSJ when he precluded their affidavit? I called the court and they said that they signed the cert of service on the 14th but I have never received it. Luckily my pre-trial conference is before the date that I need to answer this. But I want to fire off a answer fast.
I really need some help writing a response to this. Thanks
BG


Plaintiff
MIDLAND FUNDING, LLC
Defendant
BeerGoggles
301 Barstool Alley
Hungover Like Hell, AZ

Date:
XX/XX/2012
Case Number: Beergoggles1
Important Notice to Self-Represented Parties in a Civil Lawsuit Motion for Summary Judgment


Important Notice to Self-Represented Parties in a Civil Lawsuit Motion for Summary Judgment
A motion has been filed by the _X_Plaintiff Defendant in this case asking that this Court
issue a Summary Judgment. A Summary Judgment is a judgment resolving the case without a trial. You should have received a copy of that motion. If you wish the Court to consider your arguments against that motion, you must file a written, signed response to the motion, outlining the issues that you believe are in dispute and that should be resolved in trial. These are the facts or law on which you and the opposing party disagree, and that you would use in trial to prove or disprove the Plaintiffs claim or to prove or disprove a defense against that claim. You may file your response by mailing it to the Court at the above address or by delivering it directly to the Court. You must certify in your response that you sent a copy of your response to the opposing party, or if the opposing party has an attorney, to the opposing party's attorney.
WARNING! If the Court has not received your response by XX/XX/2012 ; the motion
will be considered and decided without your input. Arizona Rules of civil procedure, Rule 56(c).
If you have not yet received a copy of the motion, please notify the opposing party in writing and send a copy of that notice to the Court. Include your case number on all correspondence. You may also request a copy of the motion in person at the Court.
Important - This notice does NOT vacate or reset any pending trial, mediation, pretrial conference, or other appearance. You must appear at any previously scheduled court appearance unless the Court notifies you otherwise. Failure to appear may result in a default judgment against you.