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About loribellag

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  1. It has been much longer than 21 days since I filed my answers, so I guess it's too late to amend them?
  2. Thank you. Where can I find case rulings that might support my case? I have no idea how to find these.
  3. Thank you. It is much more clear now. I thought you were saying not to include affirmative defenses in my answers, but your were really saying not to ask for documents in my answers. That makes much better sense. Unfortunately my understanding comes after I've already done some of the wrong things. Do you think I should now just wait to see what happens or should I amend my answers to fix my previous mistakes? (i.e. include my affirmative defenses where applicable after each answer and also take out requests for docs from my answers)?
  4. To ClydesMom: Let me just get my terms straight: Am I correct in thinking that Discovery is where I'm asking for something (docs, admissions, etc), and Disclosure is where I'm giving something (docs, admissions, etc.)? So, my answers are disclosures, right and that's why my affirmative defenses don't belong there? If so, when should I have listed my affirmative defenses? In with my discovery, maybe listed after my requests?
  5. To Dean (InProSe): Okay, I need to get clear on a few things. I got the impression from a board member that I wasn't supposed to use my affirmative defenses in my answers during discovery. Early on in this discussion I wrote, "FYI, in my original answers, in one of my Affirmative Defenses, Burden of Proof, I did state "Defendants insist that Plaintiff produce said written agreement with Defendant's signature, and detailed account statements dated from beginning of alleged agreement to present time, and all detailed purchase receipts, and an Assignment Contract between the Plaintiff and the O
  6. They never sent an affidavit, only the Summary of Acct Activity I mentioned earlier. I will email you a copy of it.
  7. Dean, Also, I just tried to reply to your private message. I clicked on the reply link in my email, it took me to an editor window where I could reply, but when I hit Post, it said I didn't have permission to use that feature (and I was signed in so I don't know why). Tell me how to send you a private message?
  8. I don't want to post that info because I don't want any possibility of them finding this thread and knowing my strategy.
  9. Okay, this is my final draft of my Request for Admissions and Docs to Plaintiff. Anyone with experience in these matters, please give it a look and tell me if I did anything wrong. A little history: Plaintiff Junk Debt Buyer served summons for alleged credit card back in December. I answered denying everything except my name and state of residence. They sent a 1 page Summary of Account Activity from the original creditor with the account number whited out but did contain my name and address (I outlined other info on the summary a few posts ago). They sent me Request for Admissions & Docs.
  10. Unfortunately, I have no idea what I need. All I can do is read advice from others, which is what I've been doing.
  11. So, as for docs, you would not ask for "The Bill of Sale (between the Original Creditor of the alleged account and the Plaintiff), the entirety of the Sales Contract and Forward Flow Agreement (between the Original Creditor of the alleged account and the Plaintiff)?" I had several people from this discussion board recommend these. Are these just another way of saying Assignment Agreement? And your suggestions 2 & 3 for docs also both seem to be just asking for the same Assignment Agreement.
  12. Here is what I found from an attorney online once: The Utah Court’s have consistently ruled that any affidavit or declaration which summarized the account history and the business records of a credit card issuer is inadmissible under Rule 803(6) of the Utah R. of Evid., unless the underlying records have been produced. The controlling case is Trolly Square Associates v. Nelson, 886 P.2d 61, 66 (Utah App. 1994). In Trolly Square, the Court of Appeal held that while the monthly statements upon which the summaries are based may qualify as business records under Rule 803(6), a summary of those
  13. If you've been following my posts, you may have seen that, in Utah, I can only ask for 5 admissions and 5 docs. So, the 5 admissions I chose were advised to me by this board and I was also advised to describe docs in my definitions to get away with asking for more docs. So, should I put all these docs in my definitions and, if so, what should my actual request for docs statements say exactly? Or, should I just pick 5 and ask for those in my requests, if so, which 5? As for admissions, which 5 should I ask for? Are the 5 that I asked for not good enough? Should I substitute some of mine for so
  14. The Summary of Account Activity is something they sent me. I did not copy it and include it here because is has my name and address on it. It contains: - My Name and address - Original Creditor's name - Balance of $15,000, Credit of $15,000, New Balance 0.00, Charge-Off of $15,000 in Dec of 2010, Minimum Payment Due of $3000, Payment due date Dec of 2010 (all seems confusing to me). - And Instructions that contain things like: - Customer Service contact info - What to do if you find a mistake - Your Rights - Payment instructions