MrBubby

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About MrBubby

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    Phoenix
  1. @Stomp Thank you, I did mention it in my opposition to their MSJ .... I guess the judge didn't read it
  2. I am starting to feel this way. I just found out over the weekend that the Judge approved their MSJ.... @Harry Seaward Has practically the exact same documents against him as I have in mine .... against the exact same attorney ( I believe ). Since the just just approved their MSJ against me, I am not sure where to go from here.
  3. Hello Everyone, Up until two days ago I have not heard anything from the courts. On Saturday I received a letter from their attorney showing their costs they filed with the courts. This morning I called the courthouse and they informed me that the judge granted their MSJ Can the judge grant that even if ignore my interog's and discovery? Apparently the judge granted their MSJ a few days after mediation. (The courts didn't send me any info on it and their website was still showing new case). The nice lady at the courthouse is mailing me the court docs. I am frustrated and not sure what to do at this point. Any ideas? I assumed their MSJ would be denied since I used practically the same templates everyone else used with success. Any help would be appreciated. Thank you
  4. In Arizona, can a judge grant their MSJ if the opposing party didn't respond to Interrogatories of Discovery?
  5. @hot in az Did you ever find the YouTube video you were referencing? Also, what is the latest that you have heard @Harry Seaward on your case?
  6. @hot in az Your feedback is so very appreciated! It is amazing how easy it is to other templates that other members have put together. Through doing searches, whether is it @Stomp or @Harry Seaward etc etc ... the documents are all exactly the same. Last week I received a call from Jarold Kaplans office saying they are debt collectors blah blah blah. I answered the phone to see what they had to say. This time it was just them looking to determine if I wanted to do a settlement. They were additionally asking a lot of questions such as "Did you receive the documents we mailed on such and such date. They were also trying to ask questions to get some information out of me. Every response I gave regardless of the question was "I have filed my response with the court and in my disclosure statement" One question she asked was "We can settle this if you have proof that it has been paid off just send us all the documents you have and we can get this taken care of" lol My standard reply was "All documents and information was in my disclosure" I should've had better answers but I was getting REALLY pissed just talking with them lol. I eventually just hung up on her after about 5 minutes of her probing for information. Also, I have received the same "settlement" letter as @Stomp received the first time. In regards to that letter, I never responded. So far for this week, I have to put together my request to have them show (in regards to their response to my response and another piece on their MSJ since they responded to my response. Thanks again I will keep everyone updated as soon as something new comes up.
  7. Please see the redacted Response from the Plantiff in response to my request for their MSJ to be denied. Sorry ... My PDF editor didn't like to make it easy to redact info! Also, they're at 41 or 42 days since I have mailed my request for request of admissions etc. Since AZ allows 40 days for a response what should my next step be? Also, what do you guys (and ladies) think of their most recent response? Thanks Again! Redacted Response To Repsonse to MSJ.pdf
  8. @hot in az @Seadragon My motion to deny their MSJ has been filed. I used the template which was established by @Harry Seaward (God love him for it!) The attached is my motion to deny their MSJ redacted. I am uploading this because yesterday I received their "Plantiff's reply to my response to their MSJ" I am uploaded their response shortly as soon as I redact information from it. Thank you everyone for all of your help!! Edited AAA.docx
  9. @hot in az I have completed my request for summary judgement and I am mailing it out today. @Harry Seaward I used his as a template so I really owe him a big thanks!! In total my response is 10 pages. They won't be happy when they receive lol Also today I received two documents from the law firm. The first is a letter actually signed by the attorney which states that it would be beneficial for both parties to settle prior to court. I surely will NOT be looking to settle. I am very prepared thanks to everyone on here! I also received their request to appear via telephone to our first hearing mid October. I only have 10 days to respond to their request so I will be requesting it to be denied tomorrow and mailing it out Friday. In my mind, it is a big insult for them to sue me, put me through all of this work when I have better things to be doing while they're just using all templates and having a receptionist of sorts stamping their documents. It's an insult that they would sue me and then request to appear by phone. I work for a great company and I am lucky to be able to take off time whenever I want for vacations or court in this situation. However, if I am leaving work to appear, they should be able to appear as well when this is their actual job. Anyways I am just rambling Everything is still going great @hot in az and I will be posting more as soon as I have updates.
  10. Will do! I have already found a great one by another member that I am changing at the moment to my own.
  11. That is the exact same one I received from Kaplan law today as well! Also ... do both attorneys have the exact same signature on yours?
  12. Update: I have received a notice from the court that my pretrial conference is scheduled for Mid / Late October. Today I also received a packet from the attorney which was their request for Motion for Summary judgement. The motion is based on the grounds that there are no genuine issues of material fact and that they're entitled to judgement. In their motion they have also attached the documents I've been sent previously. So far It has been about 23 days since I sent my requests and I have not received a response yet. At this time I am going to research what I need to do in order to respond to their motion. I have 30 days to respond.
  13. @hot in az You bet I did! I also included the tracking number in my response which shows the date they received my initial response. They happened to file their summary judgement after they received my response I mailed everything out today, so we will see where we go from here! I included previous cases and I sent them as many questions and requests as I legally could lol. It should keep them busy for a while lol.
  14. Okay! Here is my update! In the mail today I received the following items: Request for admissions Disclosure from the attorney dated 8/7 Second Disclosure from the attorney dated 8/15 ammended. (Documents were the exact same with the exception of the "List of documents.) The list of documents include the following Affidavit of Balance Owed - Signed by encore employee? (with original summons) Credit Agreement - Just a printoff from on-line (with original summons) *NEW 1. Bill of Sale. Lists the original creditor and "assigns all right, title and interest in and to those certain accounts described in Schedule 1 attached hereto and made a part of hereof for all purposes" Dated 1/2012 By the OC 2. Schedule 1 - "Accounts specifically identified in the following file: Web list asset sales 2012.spreadsheet" (That's the whole thing) 3. Affidavit of sale by OC Document - On or about a specific date The OC transferred or otherwie conveyed a pool of acct's transferred the acct's. blah blah blah. Signed by OC rep. 4. Bill of Sale. Another document says items were sold & outlined in TEXT document named blah blah blah. 5. Another Bill of sale, blah blah blah that makes no mention of the JDB. 6. A page that shows the OC acct number with the amt, my name, last four of SS# and last payment date. Possibly a printout for their spreadsheet? 7. A bill from MCM 8 A printout of purchase history. Here is what I have completed today and I am mailing tomorrow My response to their request for admissions My discolsure (to court and plantiff) My request for rog's My request for production My request for admissions What else am I missing? Any thoughts?
  15. I called the court a second time and another lady confirmed that they received the document. She stated it just takes a while for them to file everything into their system. The same day the attorney received my initial response they sent out a letter stating "they can't find me and I didn't response" and their request for default judgement. This week I am submitting my response to their request for default (I have 10 days) and sending off my ROGS, Admissions etc.