tazcop1

Any recent case laws regarding JDB in favor of the Defendant in AZ?

So, Harry, I can't seem to find anything that is standing out that I could argue as invalid when it comes to the Plaintiff's affidavit. It seems to be a simple cut and dry affidavit which is signed by an affiant of US Bank that claims to have personal knowledge of my alleged account. I think that I downloaded it. I did notice that there is a paragraph that says, "That as a results of this sale of the account, CACH, LLC and/or its authorized agent is the creditor of the account with complete ownership and authority to settle, adjust, compromise, and to satisfy the account, and the bank has no f

Got It! Thanks!

I will look it over and over and over again to see if there is anything that doesn't make sense or match up.

That would be awesome! I am getting the disclosure statement and the proof of service done today. I think that the affiant witness would be the only one that I would list considering she would be the ONLY one that might actually know something about myalleged OC contract.

Thank you Harry, you have always been so nice to me and also very helpful. I was planning on getting that done right away and maybe using the affiant that they listed from US Bank to maybe be my witness and perhaps even using some of the CACH associates to be my witnesses as well! I just spent a great deal of time reading up on how important it is to discredit and tear down the standing. I am now focusing on how I can get that done. In my case, CACH has included all 8 elements needed to win but proving that I owe them any money based on a hearsay document (affidavit and certification of amou

I appreciate all of your help. I will continue to read and research more and try not to ask too many more questions.

I filed my answer on 4/3/14 and 40 days would be 5/13/14. Today is 5/15/14 and that would make me 2 days late for filing. Are you always this harsh sounding to people needing/asking for help?

N/M about the disclosure statement from the plaintiff. I just read in the Justice Court Rules of Civil Procedure that the Plaintiff has 40 days AFTER the defendant files the answer. As it would turn out, the Plaintiff actually filed and sent me a copy of their disclosure statement on day 39!!! They did mention in their statement that under EXHIBITS: All documents endorsed by Defendant however, they did not include these alleged documents in their disclosure statement packet. Is this something that I will get to see once trial comes? Should I still try and file a disclosure statement even thou

How long does the Plaintiff CACH and their attorneys have to file and serve their disclosure statement? I just looked at their complaint and it was filed on 3/17/14 and I just received their disclosure statement along with the Notice of Service of Plaintiffs disclosure statement on 5/12/14. Do they have a longer period to get that to the defendant? Do I still have time to file my own (I don't really have anything to divulge to the plaintiffs, i.e. no witnesses, no papers, nothing to share). This seems pretty overwhelming but I do not want to give up, unless of course that is the wisest decisio

@Goody, they still have not produced any actual documents with my signature. Per the court, both Plaintiff and Defendant must bring everything that they intend to use with them to the mandatory mediation. All of the "witnesses" are from CACH and they are all based in colorado and the US Bank representative that signed the affidavit was based out of Missouri I believe. Doesn't CACH and their lawyers have to prove that I owe THEM since it's not Us Bank that is suing me and they were the OC? I am looking over the AZ Justice courts rules of civil procedure right now. Any ideas on where I can find

@Goody, are those not typical choices? Does that seem a bit off to you?

Thanks Miss shellieh98! I have copied and pasted to the previous thread and I have printed the AZ rules of civil procedure to look over.

****UPDATE***** So, for any of you who have followed my situation. I submitted my response to the complaint and I just received papers in the mail today from CACH on behalf of their lawyers that basically say that they have a (long) list of potential witnesses... Authorized agents from CACH that they may call as witnesses that are expected to have knowledge of the facts and circumstances concerning the contract and the subsequent damages incurred by the Plaintiff as a result of my alleged breach. They also state that they intend to rely on case law and statutory law of the state of AZ and othe

Here is a link to the other thread that I started.....Thanks for the encouragement though. They really do make a person worry!!! http://www.creditinfocenter.com/community/topic/323344-just-received-a-summons-and-complaint-in-arizona-from-lawyers-representing-cach-llc/page-4#entry1293140