JadeMolly

Members
  • Content Count

    16
  • Joined

  • Last visited

Community Reputation

0 Neutral

About JadeMolly

  • Rank
    Member

Profile Fields

  • Location
    Colorado
  1. Did you just object for new evidence that wasn't disclosed?
  2. Originally they sent me an affidavit from Clare Hedlund, then with the disclosure and all the other stuff they sent me there was one from Jill Brown, and in the motion for telephone testimony they want to call Emily Walker or other representative. I did include the two affidavits on my disclosure.
  3. My objection for telephone testimony was denied so they get to have their witness testify by telephone, is there anything else I can file?
  4. I'll get disclosure in today or tomorrow them. I send them a copy and file it as well? They sent an affidavit signed by Emily Walker but had previously sent one from Claire Hedlund, and a field data sheet, chase work screen, card member agreement (from bank one not chase) statements from 05/09-11/10, bill of sale, affidavit of sale, 2 statements to me from midland notifying me of new ownership and a pre legal reminder (don't remember receiving those), midland affidavit I think that's all
  5. 5 days from when they filed or 5 working days? I'll file it this afternoon as they filed the 14th. I'm not sure what all to put in it did your objection get granted? They sent me a disclosure with theirs is that the one I should use or should I download the form 9? What's the time frame on the disclosure?
  6. Got a trial date in April, the also filed a motion for telephone hearing I'm working on an objection right now, also they sent a disclosure when do I have to file mine?
  7. When the Summons and Complaint was filed did an affidavit have to accompany it?
  8. The verification request and answer were both sent requesting signatures so I'm good there and anything I file with the courts I will cc the Plaintiff. So at this point I hope the answer was sufficient and just wait for the courts to mail me a trial date which is another thing that is odd but not used to civil procedure I'm more familiar with criminal procedure. ( for present work purposes, not a career criminal yet.)
  9. I could see the OC dong that but as far as midland that doesn't prove they have standing, but hey I'd try everything I could as well.
  10. Here is the answer with counterclaims although I didn't pay the counter claim fee (didn't know it was separate and clerk didn't mention anything) so might be a moot point. The firm is 2 -2 1/2 hours away so possible phone appearance request. As far as bank records how would that even be helpful as it doesn't show any payment to the Plaintiff?
  11. I still don't understand local procedure on how Plaintiffs appearance is waived on initial summons date regardless of if they brought the suit. There is no statute excusing them and I'm still looking into Civil procedure at whatever level to find any info stating one way or the other? I've never seen a court like this where it's excused and when does local procedure trump federal procedure?
  12. Named Plaintiff: Midland Funding OC: Chase Served summons and Complaint properly Correspondence: I don't recall having any communication in regards to this before Summons Colorado Sol: 6 years Status: Served Summons and Complaint, filed answer, set for trial no trial date yet Dispute with Credit Bureau: No Debt validation: Requested validation after service of Summons Law Firm received it and filed the same day they received my request. Complaint: 1. Info and belief Defendant *** resides at ***. Venue is proper in County, as the Defendant is located there and contract was executed in County. 2. Amount is in jurisdiction. 3. claimed amount $4400 + attorney fees, proper cost, and any other items allowable by statute, OC Chase. 4. claim arises from failure to make payment on account obtained by Defendant pursuant to an agreement or a statement for sums due was presented to defendant, there was an agreement by defendant that account is correct and agreed upon amount is due from defendant. 5. Defendant is in Default in accordance with terms for payment or have failed to pay account. Plaintiff is entitled to damages as a result of any breach of agreement, or the amount based on account stated. 6. Upon info and belief of Plaintiff, Defendant not in military. 7. Plaintiff does not demand jury trial. Filed answer with denial to all claims except address/ military status Counterclaims filed with answer as well as affirmative defenses Received optional info sheet did not fill out They sent nothing with the Summons and Complaint other than an answer for Civil Procedure Sheet and optional info sheet
  13. Thanks. I will be looking at the Civil procedure and Local rules but I'm still at a loss as to where to find why the Plaintiff would not have to show up for initial hearing. In my research everything shows the plaintiff has to show up or grounds for dismissal unless you filed a counterclaim and had the Plaintiff served then it could go in your favor. I have found nothing stating that the Plaintiff does not have to show up.
  14. No. I asked him to dismiss the case as they didn't show up and he said they didn't have to and told me it would be set for trial. I don't know where to look to find more info about why the Plaintiff would be excused on the initial appearance.