frosted1

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frosted1 last won the day on December 26 2013

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About frosted1

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  1. Thanks BV80 for your response! It's the same bank account I'm using now. I've only had one bank account ever and this is it. I'm trying to reach a gentleman that was referred to me, but haven't touched base with him yet. I'm hoping he'll be able to help me or at least point me in the right direction to someone who can.. I can't imagine what any contract I may have entered into with anyone else or the bank, for any reason, would have any importance or relevance to this particular case, yet that is exactly what they have asked for. I do feel justified in my complaint against the subpoena. I wish there were a way I could file an FDCPA claim against them for this.
  2. Hi Guys! Thanks for all your responses! I appreciate it immensel! I want to clarify some things. The first order signed in October required me, (the defendant), to produce all my bank statements from January of 2007 through December of 2009. Nothing more, just the statements. I objected and did not provide as required by the order. I then received notice from the Plaintiff for a Default Judgement. I objected. A hearing was held the end of January and a different judge, newly assigned to the case, denied the Default Judgement, but required me, the defenant, to produce my banking information to the Plaintiff so Plaintiff could subpoena my bank statements for the same time frame as required by the original order signed by the first judge. During a meeting i had arranged between my mother and the Plaintiff for the purpose of complying with the latest order, I not only provided the Plaintiff the bank information, but also the statements for the year 2009, (which I had received from a friend who was trying to be of help to me). During that meeting, my current state of health was discussed and the Plaintiff was made well aware of my current state of finances. I have also relocated, due to my health issues, and am no longer living in the jurisdiction of the court this suit is being processed in. I am in no position to run into the court with an ex parte motion, or anything that requires immediate action on my part. The issue at hand is, the Plaintiff has submitted a subpoena that well exceeds what I, as defendant, was supposed to produce according to the first order I was given. and this subpoena is not what was agreed to in the court hearing. The Plaintiff is now doing exactly what she claimed she was not doing, which is going on a fishing expedition for judgement purposes, pre-judgement. My question is, How do I stop her dead in her tracks?
  3. Hi Guys! I just got off the phone from talking to the court clerk. I was getting an update on filings since my hearing. Apparently the judge declined signing the order because the wording of the order did not conform to the wording the judge felt should be there. Counsel was so notified. Yesterday, I received in the mail a notice of a subpoena from the Plaintiff's counsel, ordering the bank to provide not only the statements required from the original order, but anything and everything that ever had anything to do with me within the bank's system and records. Short of the sweat off my butt, they were asking for it to be produced and sent to them. They want copies of all applications, signature cards, and supporting documents for all accounts that were open or active accounts from 1/2007 to 12/2009. Copies of all statements for all accounts for same time frame, copies of all account transaction history for all accounts, same time frame, copies of all checks issued or signed by me to the bank, copies of all documents signed by me, an affidavit or sworn statement by the custodian of records verifying the documents provided pursuant to this subpoena. They are also asking, as a convenience, please produce these documents and records in an electronic digital format (PDF or TIFF scans} on a CDRom or DVD. In the original order, I was only to produce the statements for the same time frame. Are they allowed to request all that they are asking for? The judge made the statement that Plaintiff was to destroy all records received. You and I both know that if those documents are provided electronically, there's is no way to protect them from copies or hackers. Johnson Mark is not privacy protected. Now what do I do? And even if they are protected, the records are always going to be available in some format in their system. If they are digitally stored in the JM files, they will be there permanently, subject to God knows what at their whim. They give the bank 14 days to comply. Can I stop this???
  4. Hi Guys! Contrary to reports, I am still alive. When I last communicated with you, I had just arranged for the 2009 bank records, along with my account name and number to be delivered to the Plaintiff's attorney. I then took another dive in health and my computer suffered another virus attack which left it totally unusable. I'm borrowing one from a friend at the strangest of intervals, so my contact will be sporadic, at best. I just received a copy of the subpoena from the attorney and they have exceeded all expectations in their requests. The first order required me to provide statements only from 2007 thru 2009. They are requesting every paper, note, communication, contract, etc that has anything to do with me during that time, not just the statements. Are they allowed to do that? I'm really t muchicked!!! I was not physically able to do much of anything since Feb 3rd because of my health. My health problem had been explained to the attorney. I feel she took full advantage of the situation, knowing I was unable to protect myself. So... now what do I do? I'm still struggling with the stones and have now discovered other rather serious problems as well. The stress is literally killing me. Any suggestions would be helpful. Can I do anything to stop this subpoena or is it even worth the effort? Frosted
  5. Hey Guys! What kind of problems am I going to run into if I lift the "cease and desist from contacting me" order with the Plaintiff's attorney? Wise move or not? My mother delivered some documents to the attorney for me today and the attorney is requesting we lift the cease and desist. I never filed a formal order for one, just stated it in a letter for validation.
  6. Hi Guys! Trying to get my wits about me through a medicated fog. Pain meds are grand!!! I've only got til Monday to get the bank info to the Plaintiff. I'm going to have to hand deliver the info, or can I call them with it? I didn't have time to do a protective order because of my kidney issue. Is there anything important that I must or can do to protect myself a little bit, at this point? I'm open to suggestions. Thanks!
  7. Thanks Guys for all your help! I'm struggling with kidney problems right now and not in too good a shape. But I'll be back in short order. Just got to get through this battle before I continue on with the legal one. On too many meds to think straight.
  8. Ok Guys! Since Mr KentWA is out of the picture, I've been trying to find some info on ex parte motions in Utah. The info given is more confusing than most and my time is real short here. I ran across one case here in Utah and I pm'd the guy (Newbie) but I've received no response. Spent last night in the hospital with a kidney stone. Brain is a little foggy today, what with all the meds. If anyone is more familiar with ex parte's in Utah, I sure could use your help. I don't even know what form this motion has to take. From the post I was reading, Mr KentWA stated that I could go present almost every day. I just need to get the schedule and show up. The other question I have... the judge gave me ten days. Does that get counted as every single day, or does that exclude weekends? My brain is so fogged today. Sorry Guys! Thanks for all your help.
  9. Thanks Guys! Lots of good things to consider. If I submit for a protective order requesting that only specific information relating to the relevant dates be provided, do I specify what information is to be divulged or does the Court specify that? Do I submit this to the Court directly, with copy to the Plaintiff, or the other way around? Is there enough time? I'm supposed to give them the Bank info within ten days. I did request the judge to have the records examined "in Camera" or by outside counsel. She just rolled her eyes and didn't comment from there.
  10. Hi Spikey! Will the bank give me a copy of the subpoena? I would like to know just what they're asking for. Or will they alert me at the time the subpoena comes in and let me verify they have it correctly? Or can I take a copy of the order from the Judge and post it to the record to avoid them trying to pull a fast one, claiming typo mistake? Paranoid as heck, aren't I. I just go nuts at the thought that they can go into my personal papers that way.
  11. Thanks Guys for all your comments and suggestions. Believe me, I'll be reading alot over the next few days. As far as I'm aware, no trial date has been set yet. Are you asking if I answered their request for discovery or did I send my request for RFA's and RFP's? Just to clarify, I answered their request for RFP's and RFA's last March and I sent my request for same from them December 16th. Can I go to my bank and instruct them to only copy info within the dates specified and nothing more? Ask them to not entertain any other questions re the account? What protections do I have from them snooping into today's info like current balances, etc? I've been with this bank for a long time,... only bank I've ever used. I hate to have to make a change now.
  12. Well Guys! I made a couple of errors, but we made it through the Default. The judge is tough. She wouldn't even entertain my Motion to Reconsider. And I think that's because I didn't push hard enough on my Request to Submit. I did file it afterward though. She denied the Default, but is still requiring me to provide, within ten days, the name of the Bank and the account number to the Plaintiff. They can go after the records. She got a little frustrated with me when I tried to explain my defense on standing. I should have used different terminology, I think. She said she would not even entertain the subject because Plaintiff has already provided evidence of standing. She doesn't seem to share the understanding of contract law that we have been adhering to. I need to do some more digging, but at least I have ten more days to do so. Any suggestions Spikey, Thanks for the discovery info. Good to know! I will be using it in a future submission. I want you guys to know, I couldn't have gotten through this without you! You are the best!!!!
  13. Wow! You Guys are tremendous!!! Thanks for all the great information! Hearing is in a few hours. If the Plaitiff tries to introduce the missing parts of their documentation, what is the terminology used as an objection? Or on what grounds do I object? I know they did not produce the documentation in a timely manner, but i don't know how to reference that. My brain is so fried right now, I'm lucky to just remember my name. I do so appreciate all your help! Thank you so much for your patience with me!
  14. Hi Spikey! Mr KentWA was referring to the contract mentioned in the original complaint. The Complaint stated that Defendant signed a contract with B of A. Then it states that I entered into a "contract" with B of A opening an account ending in XXXXX, which contract was subsequently assigned to Plaintiff. That's the "contract" we're referring to in this instance. Other than the BOS, no other contract was ever provided in discovery or disclosures. The BOS and cardholder agreement provided were both incomplete documents, the cardholder agreement having the appearance of something gotten off the internet. Hence the question, what contract? Is the BOS the contract Plaintiff is referring to in the complaint? Do I need to be looking for something else?