abcand123

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About abcand123

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    Arizona
  1. I had my pretrial conference this week - and I found out today JDB attorney is dismissing the case. It is without prejudice, so I imagine it is a possibility I could encounter this situation again down the road, but for now, I'm happy to put it behind me. I'm so very grateful for the help offered on this forum, and for those who take the time to help complete strangers. I certainly benefited from the wisdom of others who have gone through this headache before. Thank you~ Thank you ~ Thank you~ for all who offered assistance.
  2. Thank you, kindly. This is very helpful.@racecar
  3. Would it be wise to have an Opposition to their MSJ prepared just in case? I have a few examples here, and I did read the case you posted between Discover Bank and Jankowski, but what might I include in that motion? Their claim was based on Breach of Contract and they provided an unsigned cardmember agreement along with a Bill of Sale, a "Tape" which was a computer printout of alleged debt and other info., a final billing statement, and an affidavit. I'm still waiting for their answer to my discovery, so maybe I should just slow down, and see what their next step is. But I would rather
  4. Can they file an MSJ without answering discovery?
  5. The rescheduled pre-trial conference is in two months... looks like it could be a while before the trial. I'm not sure why the JDB attorney even wanted another pre-trial conference - I told him we would not agree to any settlement. Why would he bother?
  6. And yes, my husband will surely be at the trial, if it goes that far. There was no reason for him not to go to the pre-trial - I just didn't know he had to be there. Oh well!
  7. Well we both signed a paper that elected to reschedule the pre-trial conference in 8 weeks. I called the court and the gal told me that once that paper is signed, he can't enter a default. There is not much margin for error, so I hope I don't make any more!
  8. Yes, we both answered the complaint. I could not believe I missed that. I've read the AZ Justice Court Rules many times, and I thought I could represent both of us since we're married. I can't understand if he could have defaulted my husband, why he didn't do it. I suppose I should have thanked him for allowing us to reschedule, but I couldn't bring myself to thank the person who is suing me in the first place.
  9. Ok, thanks for the info. I was just curious. I've been receiving tremendous help from members on this forum, and I feel fairly confident that the outcome will turn out alright. I'm fighting a JDB attorney in AZ, and am currently waiting for their answer to my discovery, and intend to file a Motion in Limine shortly before trial. I'll know more when I receive their answer, but I anticipate that they won't have any admissible evidence.
  10. The cc agreement attached to the complaint filed by JDB has an arbitration clause. The debt being sued for is just barely over 3K. We are in the process of discovery; is it too late to elect arbitration? If not, is there a good reason to do so? From what I understand, the Plaintiff would have to pay those fees, and that is most often not worth their time depending on the amount of their claim. Just wondering.... thanks~
  11. I attended my pre-trial conference this week, and just about had a heart attack. My husband is listed on the lawsuit as well - as a John Doe. Only I attended the pre-trial conference because we didn't think both of us needed to be there. I've been handling all the research on this matter, and felt I could handle it on my own. I can't believe I didn't look into that. I was so angry with myself that I missed that - of all things. Wow. That is the type of mistake I really didn't want to make because they just sit and wait for it. The JDB attorney and I sat down in a small conference room,
  12. I called the court and she said it will just be me and the plaintiff in a conference room. It has not been 40 days since discovery was sent, so they still have some time. It sounds like it's not a big deal. I imagine they will show up, but what happens if they don't? Can I file a motion to dismiss?
  13. My pre-trial conference is this week. I sent my RFA's and Rog's to the JDB a coupe of weeks ago and have yet to receive anything. I answered their discovery and sent that out weeks ago as well. What should I expect tomorrow? I am supposed to bring my disclosure statement, and I imagine just state that the discovery is still ongoing and that I'm not interested in settling - as there is nothing to settle. Is there anything else I should be prepared for?