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About Winelover

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  1. @Flyerfan, Good Point!! I will definitely include this on my affidavit - thanks again!!
  2. @Flyerfan, how would I mention that I googled her and found her on MySpace and mention she lists her title as a "cash applicator"??? So, in other words, the case citation must pertain to my specific case?? Since I can't find any for ND, what would you recommend??
  3. @ Spikey, I have looked at Rule 56 probably 100 times and I am definitely going to try and use that to my advantage! The Case citations they listed are Anderson V. Selby, 2005 ND 126, 7, 700 N.W.2d 696 and Good Bird v. Twin Buttes Sch. Dist., 2007 ND 103, 5, 733 N.W.2d 601. I can't tell you enough how much I appreciate your help - thank you!
  4. @ Flyerfan, I checked google, and Gina Vinci is on MySpace. She states that she has been employed at AA for the past 5 years as a "cash applicator"?? in the Accounting Department. I should have been more clear when I typed up the copy of the MSJ - she did attach every document that I listed as separate Exhibits. The "Schedule A" looks like I typed it up. It has a date of 06/2012, 12:00am, then states on the far left Client - Bank of America, then in columns, Acct # from CLT, NAME, Spouse name, and Amount. Then at the bottom, it states "this is the information regarding the consumer, all o
  5. I just checked the case citations they listed on the MSJ and it looks like the case is not similar in anyway to mine, so it must be ok to just quote a phrase within the case citation- Yes, No ????? Any thoughts??? I don't think I have ever seen a topic on this forum specifically relating to just case citation's, although they are mentioned alot (if there is one, forgive me - I didn't see it).
  6. They attached the Bill of Sale and Assignment of Loans (does not reference my name or anyones name or any account numbers), a "Schedule A" that looks like a spreadsheet with my name and acct # - everything else is redacted and it's also dated 06/29/2012 while the Bill of Sale is dated November 2011, and the last 9 months of credit card statements, (which indicate charges, and the final payment).
  7. RENEWED MOTION AND NOTICE OF MOTION FOR SUMMARY JUDGMENT 1. Comes now, XXXXX, Attorney for the plaintiff in the above entitled action, and moves the court for judgment herein as prayed for in the complaint. 2. This motion is submitted pursuant to Rule 3.2 of the ND Rules of court and Rule 56 of the ND rules of civil procedure. If you contest the motion, you must serve and file an answer brief within 30 days after service of the plaintiff's brief. If you fail to do so, the court may consider that to be an admission that the motion is meritorious. The motion will be decided on briefs alone unl
  8. Wow Spikey - you are fast!!! Thanks!! Ok I will post a copy of their MSJ.
  9. Ok, so I received their response to my RFA's. They pretty much either objected to everything, denied or stated that the request seeks info the defendant already possesses. 2 days later I receieved the "Renewed" MSJ (as expected). I figured they would do that so I have been researching for awhile on how to type up an Opposition to MSJ. I'm fairly confident with what I have come up with (I think!) but I am having a REALLY hard time finding North Dakota case law to cite. I have found some "statements" within a ND case cite that I would like to quote, but then the case does not apply at all t
  10. Thanks for catching that Flyerfan and good advice. I made corrections and am putting them in the mail today! Appreciate the help!
  11. Ok, so per Bruno's suggestion, I basically condensed the earlier version and am trying not to be repetetive or ask anything unnecessary but get them to admit that the documents they have provided are a bunch of crap and not credible. Before I started this pro se process, I thought that I was a fairly intelligent person, but I'm really having serious doubts now! I am really trying to learn, understand and apply what everyone is suggesting, but I guess I'm not always comprehending! I for sure do not really understand the Rules of ND Civil Procedure - and do not for sure always know what to att
  12. Thank you for replies, advice and encouragement. I am going to mail out my RFA's. I followed BV80's RFA's almost exactly, but there was discussion about them being overkill and since it was posted awhile ago, I would appreciate if they could be critiqued. Please let me know if you think I should add, delete or change anything. In the interest of time and space, I am only listing the questions to admit. (the ones that I mail are typed up in the proper format). 1. Admit that Plaintiff purchases defaulted debts as a regular course of business. 2. Admit that Plaintiff is not the original cr
  13. Thank you usagi555, I understand what you are saying and I am getting ready to send RFA's. Couple of questions: 1) I am using BV80's RFA's and it says "Admit that (affiant who signed the affidavit), etc. etc. Which affiant do I list, the one on the affidavit they sent me first (it was not attached to the summons or complaint, but mailed later), or the affiant on the affidavit in support of motion for MSJ (remember, they for now have withdrawn the MSJ - but another one is prob
  14. Thank you for replying Coltfan 1972. The plaintiff withdrew the MSJ to answer my request for POD's, so as of now, there is not any MSJ. I have questions on alot of their answers, but I'm really confused also about the person who signed/notarized all of the answers on the POD's - it wasn't the person who said they were answering on behalf of AA. Is that even legal?