Speranza

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About Speranza

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  1. Thank you So as far as witnesses, here's the thing- their "Bills of Sale" are completely shady and I know they have been clearly forged by the same person. None of them are notarized, all have the same handwriting. Should I just list their custodion of records or should I list every single one of these individuals on the bills of sale? The account was sold four times, sometimes less than a month later, and they all look completely doctored. Or is it okay just to list their custodian of records, because they have also listed them? In addition to Bennett vs. Napolitano, this case also looks
  2. I believe they are going off of what Plaintiff sent them. The one from the court is 4 short questions, but if you type it up in their format it's much more detailed (I noticed my JDB disclosure was very lengthy as well).
  3. Thanks so much for your response. You have encouraged me not to settle! I am working on my disclosure statement now. A couple questions- One huge concern I have is that there are copies of every one of the credit card statements with my name and address on this. If this gets brought up tomorrow, how should I address this?I saw in another forum (of course I can't find it now) that the Defendant can send plaintiff a set of admissions as well (1. Admit Plaintiff is a debt collector, 2. Admit that Plaintiff has no paperwork/agreements signed by Defendant, etc, etc.) Did you do this?
  4. I don't know what county you are in, because your disclosure and some of your stuff is different than mine (I'm in Maricopa). My paperwork says "If objection is made, the reasons therefore shall be stated. The answer shall specifically deny the matter OR set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter." So I guess, you are right. I will re-type it, put deny and then object underneath. What are your thoughts on JDB attaching all of your statements? I saw a post above about them not being authenticated, but if they have your address on them.
  5. Here is my original post, but since this is slightly off topic, hoping to get a general idea of what I should say tomorrow during mediation. http://www.creditinfocenter.com/community/topic/321089-they-responded-to-my-request-for-production-feeling-overwhelmed/ JDB will be participating by telephone. If anyone has sat through a mediation, please let me know what you said and how it went. I don't want to "reveal" all of my cards that I am planning on using, still working on providing disclosure statement, answering requests for admissions, and interrogatories. So as of now, the JDB hasn't rece
  6. Regarding the above post- so you do have to admit/deny and then state the objection? I thought you could just state the objection without denying it? If they attached 5 years of statements in their disclosure, sent to your address, how can you argue this? I can just imagine them asking- "And your name is-------? And you lived at -------------- during ------ time?"
  7. I did PM Seadragon about an hour ago. As far as "lack of standing" I read on a post http://www.creditinfocenter.com/community/topic/311576-detailed-discussion-on-affirmative-defenses-including-standing/ (repost from BV80) that lack of standing is something you want to really wait to bring up until trial when you can question the Custodian of Records, and that you don't want them to know you are petitioning lack of standing and be prepared for it. Although, at least in my situation, it seems I have no choice. Even though I have bills of sale, their affidavit, and old statements- I can still p
  8. Been following your post here, trying to get some information for myself So, as far as disclosure statements, did either of you list "their" witnesses (everyone on affidavits, bills of sale, etc.). What did you put for their "expected testimony"? I thought that if they were my witnesses, I would have to make sure they are there. And I wouldn't want to lose, since obviously they won't come. Any thoughts on this? Thanks!
  9. Thanks! I feel that it is a winnable case, I am just worried about time investment. I was wondering at what point this stops being worth it to them- I mean if their attorney has to show up in court, is $600 worth it to them? Where might I find this case law as far as chain of custody? If I go to court, shouldn't I be able to refer to a ton of these cases? I have been going through the forums, but if anyone has an idea of several cases people have used for issues during trial in Arizona, please feel free to share the link. Really appreciate the input
  10. Yeah, they specifically said they were located in Pima County when they petitioned. If it goes to trial, I will absolutely object to telephone. It would be great if I can see your motions to strike. Is there any particular way I should specify I want them to pay my court costs? Any recommendations for mediation? Is it just back-and-forth make a deal kind of thing? Does anyone know what percent they are usually willing to go with? My mediation is this week. I would honestly be willing to settle for a very low amount just to save myself the headache and time with this. Thanks!
  11. Thanks for the reply. What did you base the lack of standing on? Was it for SOL? I have heard varying things with the change in AZ law, and that basically you'd better have a fall back plan because the SOL doesn't always hold. Also, was there something specific in that case that ties into this? I am unfamiliar with how to figure out which parts of these case laws are applicable. What is a good way to find these cases? Also, the other party is in Tucson so they are participating by telephone for the mediation. I guess they won't be able to physically get this unless it's through the mail. A
  12. Here is their response to my request for production: 1. Produce any credit application signed by the defendant. Objection: Defendant's request is vague and overly burdensome as to "any credit application." Nevertheless, Plaintiff has disclosed every document in its possession that is not priveleged or protected. See Plaintiff's Initial disclosure. Plaintiff will supplement its disclosure if any additional documents come into its possession. Plaintiff also affirmatively alleges that is has requested all documentation from the original creditor whose obligation to maintain documentation is gov
  13. Thank you for responding! I have filled out the form below, sorry I didn't know where to find it. I also will post their responses to my request for production and what they are asking of me separately below (hoping if I break this up it will be easier to follow). 1. Who is the Plaintiff? 2. What is the name of the law firm handling the suit? 3. How much are you being sued for? Roughly $500 + $100 interest, not including "attorney fees" 4. Who is the original creditor? US Bank 5. How do you know you are being sued? Served 6. How were you served? In person 7. Was the service legal as requi