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About P505

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    New Mexico
  1. I'll still stay on here and keep everyone updated As for now though I have the requests that I was provided with typed up and will take everything that I have with me to the consultation. I'm pretty sure as I keep doing more research and working on my defense I will have more questions. Again I can't thank this site enough for the knowledge I've acquired thus far.
  2. They filed complaint couple months before the 4 year mark from date of last payment. So no defense on SOL..
  3. Thank you Clydesmom!.. your info turned me on to someone who "might" help. His secretary said "help" not represent though. Every consumer Attorney in my town all said they can only help me if I'm filing for bankruptcy. I have consultation on Tues. with this guy, hopefully he can help.
  4. I can't thank you enough for helping me with this. It's been stressing me out. I will work on these tonight and hop back on here tomorrow with update.
  5. Thank you guys for helping me this is the 1st time ever dealing with the courts, besides for child custody issue which never made it to court. I am trying my hardest to learn as much as possible so I can represent myself because no attorneys work on collection issues in my area.
  6. Another Ques. Should I send in Request for documents while I'm working on interrogatories and admissions or wait and send them all together?
  7. This is what I have so far, tell me what you think. And if there is anything I should add. STATE OF NEW MEXICO SAN JUAN COUNTY MAGISTRATE COURT Autovest, L.L.C., Plaintiff, No. D-xxxx-xx-2013-xxxx vs. xxxxxxxxxxxxx, Defendant. DEFENDANT’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF TO: Autovest, L.L.C. c/o xxxxx xxxxxx Machol & Johannes, LLLP XXXX Xxxxxxx Xxxx XX, xx
  8. I just realized when back over complaint they are not coming after me for breach of "written" contract. "The Plaintiff claims the right to recover from the Defendant under one or more of the following legal theories: Breach of Express Contract, Breach of Implied Contract, Quantum Meruit, Account Stated and Unjust Enrichment." Does that mean they probably don't have the original contract?..
  9. Sorry for the delay had to pull double shift.. Question 1 - what's my next step? Do I wait for MSJ to be filed by OC? Or do I file for production of documents?
  10. I will post some questions shortly kind of busy at work.
  11. Thank you.. and yes I have a ton of questions.. I did not file opposition to the motion to vacate because the Judge signed order only 10 days after it was filed.. I was still in the process of preparing one..
  12. Part of that 19 thousand was for attorney fees in deficiency notice. so I'm assuming the difference is that they left that amount out in complaint.
  13. 1. Who is the named plaintiff in the suit? Autovest LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Machol & Johannes LLLP 3. How much are you being sued for? $17,114.11 plus $10,454.67 intrest/ attorney fees. TOTAL - $27,568.78 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo Auto 5. How do you know you are being sued? (You were served, right?) Summons & Complaint 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Yes Process Se