DesertSun

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  1. Bump For clarification help. Can anyone clarify Rules of Civil Procedure for the Superior Courts of ArizonaRule 75b "service of answer" is that when I filed it or when the plaitiff received it? Thanks UPDATE: Been ordered to Arbitration and an Arbitrator has been appointed.
  2. I found this link to a great summary and visual of the Arizona "Superior Court Civil Timeline". http://www.azcourts.gov/Portals/27/CourtServices/CaseProcessingStandardsProject/Civil/CivilTSsuperior.pdf
  3. Sorry to keep posting every little thing, but I also want to double check if anyone has any input on the above "local rules" where it states "Withing not less than thirty (30) days..." I should have also included : A. Referral to the ADR Program of all cases subject to court ordered, non-binding arbitration under ARS 22-201, shall occur in the Courts of Limited Jurisdiction as follows: 1. Within not less than thirty (30) days... I bring this up because this judge seems to be moving to quick the order for referral to the ADR was signed 10 days after my answer filed. How do I continue if the timeline has been altered by this early referal. The hearings in my jurisdiction must occur not less than 21 days and no more than 90 days after the referal. Now I am almost into that hearing window. So have I been shorted time on any matters? Sorry, I hope I'm not too confusing. Thanks
  4. I also wanted to reiterate that I received no other documents with my summons/complaint and I have previously, years ago, been contacted by other JDB regarding this alleged default that didn't pursue beyond DV.
  5. @ AZ Piano Lady 14 Did not receive a 150 day order. Arbitrator has not been assigned. Is the disclosure due 30 days or 40 days? So much going through my head trying to keep it all straight, Under RCP Rule 26.1 b(1) it states 40 days, but under Rule 75 b it states 30 days. Am I interpreting things wrong? Thanks
  6. Ok so everything still goes along the timeline as if I was going to trial even though the case has been refered to the Alternative Dispute Resolution (ADR) program and will proceed to Arbitration? According the "Local Rules of Civil Procedure" (please don't ask what county) it states --- "Within not less than thirty (30) days, nor more than one hundred and twenty (120) days following the filing of an answer in any civil matter, the court's referral to the ADR Program for the purpose of setting the case for arbitration shall be transmitted to the ADR Program Director. The order referring the case shall be copied to all parties to the litigation and shall clearly state that the case will be subject to these Rules of Procedure during its pendency with the ADR Program. The order shall also advise the parties that they may elect another dispute reolution process other than arbitration if all parties agree and submit a stipulation to that effect with the court within ten (10) days of the date of the referral." Questions 1. The order was signed 10 days after filing my answer; wasn't that too early? 2. What does the last sentence refer to? 3. Is Compulsary Arbitration different than ADR? I ask this because Rule 72 (d)(2) confuses me and makes it sound like it is two different proceedings. 4. When the quote above references "...these Rules of Procedure..." what rules? The local rules from which I took this quote or the AZ RCP for Superior Court? Note: With my answer I did not file a "controverting certificate" with my answer with regards to their filing a "Certificate of Compulsory Arbitration".
  7. Okay I was just given notice of Court Ordered Arbitration. Now what? After reading coltfan1972 's thread on standing, I'm feeling good. Do I continue with my discolure statement even though ordered to arbitration? Should I file a MSJ? @Harry Seaward, Just painting a scenario. Thanks for the info "180 days of non-payment". SOL seems like a tough arguement, but I'm with you because something just doesn't seem right. What if a JDB lists themselves under "adverse accounts" on your credit report?
  8. May I also just say, I think it was wrong of AZ to separate credit cards from open/oral debt. There are other avenues to pursue on other types of debt in a MUCH shorter time, why should credit cards get 6 years? They really need 6 years to file a complaint? But I digress...
  9. Harry Seaward has me thinking more about SOL. I think there is something there in the quote above. There is no conflict; I'm now thinking the SOL has expired. Okay for aurguments sake let's say the default was January 2009. The OC charged-off the account in June 2012, 3 years 6 months after the default. The SOL as per "the agreement" is governed by a state with a 3 year SOL. Now the OC has already charged off the account after the SOL of their agreement. Do they know they have no standing even if brought into a court that has a longer SOL? Is there a industry standard or IRS code that states a debt must be charged off a companies books after a certain amount of time? If so why does the defendant have to hold longer? I realize a charge-off doesn't necessarily erase a debt, but after the SOL why not charge it off? Otherwise why wait to charge it off after the SOL of the agreement? Why now can the JDB bring an action to a court that has a longer SOL; like AZ - 6 years? That, in my opinion, is what needs to be settled to keep the JDBs from converging on AZ or any other state that has longer SOL than "the agreement". By the JDB being able to bring a complaint after the SOL of "the agreement", the defendant has been basically ambushed. Right? Why would anyone, if it was indeed their debt, keep any records past the SOL of "the agreement"? Is a defendant suppose to hold on to everything in case, possibly, they move to a state with a longer SOL than "the agreement" and some JDB digs up an alleged old debt and brings it to that court? So if I now also want to pursue on SOL and I didn't list it in my affirmative defenses, can I raise it as a defense now?
  10. What stresses me the most is a mis-step in procedure and format especially in Superior Court. Thanks AZ Piano Lady 14, I will take a look at your posts regarding Disclosure. Your case is the only one I have found in AZ Superior Court. Sounds like Judicial Court is a challange, don't get me wrong I in no way think Superior Court is going to be a cake walk, but maybe going back to my first sentence the court would look with a more critical eye as to procedure on the plantiff's attorneys? Maybe just wishful thinking. Thanks Harry Seaward I'm not done with SOL I still have a few things to ping back to you.
  11. Disclosure Statement I must be searching in the wrong place or with the wrong keywords because I can not find the onlilne self-serve form for the disclosure statement. The only one I can find is for family court and either has to do with child support or divorce. Some of the examples I have come across on this forum have a lot of "body" to them and I guess that is where I am confused as the defendant. I don't have anything to disclose. I denied all the allegations. Do I have to protect myself against something they may bring? If they bring a witness do I have to disclose that I want equal opportunity to depose? Do I have to defend my affirmative defenses with case law? I guess I don't understand because shouldn't they have the burden of proof and therefore disclose their evidence? Doesn't disclosure open routes to discovery? I guess in my mind what do I have to disclose unless I was stating that the allleged account had been paid and therefore would need to disclosue form of proof? If someone has a link to the Arizona self-serve Disclosure form I would appreciate it. I appreciate everyones input! Really! It helps to ping things back and forth to clear the path instead of hitting a wall. THANKS!
  12. So alleged default was in 2009;which time limit applies? Is it the 3 year since the default was prior to the change or is it 6 years under the new definition of credit cards? Is the question moot? As I understand the SOL in AZ, AZ's will be used not the state in which the card agreement was initiated. A.R.S. 12-548 B. If there is a conflict between another jurisdiction and this state relating to the statute of limitations for a debt action as described in subsection A of this section, this section applies. And/Or, Was it mearly a clarification of the definition of a credit card vs an "open account" or "oral debt", therefore it has always been 6 years? If not than it brings me back to my question of when does the clock stop or does the clock continue to 6 years if it started before the change? Regardless, it seems the court is still left some "wiggle room" as to the big question, when did the cause of action commence?
  13. Yes, within SOL. I didn't have to serve them my answer just send a copy right? I sent it CMRRR. Affirmative Defenses: ...Standing ...Cause of Action ...Validity of Debt ...Unjust Enrichment Failure of Consideration Plaintiff not Assignee...no evidence appears... ...wheather or not the purported assignment was partial or complete...bona fide. ...self injury purchasing defaulted debt... ...Accord and Satisfaction... Too many? Not enough? Incorrect? Follow-up? What's done is done?
  14. I could sure use your opinions. I need to file disclosure not sure how extensive or really what this means being the defendant. I have read "beergoggles", "Harry Seaward" and "AZ Piano Lady 14" threads: Very helpful, yikes so many motions and procedure. I'm still unsure on disclosure. Also, considering whether or not to hire an attorney, worried about the amount if I lose. 1. Who is the named plaintiff in the suit? One of the usual JDB 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) One of their usual firms 3. How much are you being sued for? Over 10k 4. Who is the original creditor? (if not the Plaintiff) " Too big to fail bank" 5. How do you know you are being sued? (You were served, right?) Served Summons, Complaint, Notice of Comp Arb 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? AZ 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) N/A 11. What is the SOL on the debt? To find out: N/A 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Summons, Complaint, Answered 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, Should I? 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No, Never heard from them before summons. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Answer done. Allegation: Breech of Contract, defaulted payment to plaintiff. Have not received an interrogatory. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. NOT A THING.... Also, I have been sent collection letter by 2-3 other JDB on this alleged debt years ago, was never pursued after I sent DV letter. Never received a letter from these guys before the summons, therefore never had the chance to validate. Thanks!