JoshS

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About JoshS

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  • Birthday 07/08/1978

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    Arkansas

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  1. @BV80 @Trapezius @JimmyE The moment I had been waiting for came this morning...and they asked for a continuance and apparently received it - this all came from the clerk when I was checking in. However, when I got home, there was a Motion for Voluntary Dismissal in my mailbox. I count this as a win - and I never even saw the inside of a courtroom, or spoke to a judge. I have some questions, though, They are asking for a dismissal without prejudice, which as I understand it means they reserve the right to jack me around again at their leisure. How likely are they to do so, and is there any
  2. Great replies guys, thanks. @BV80 , @Trapezius @Credithis @JimmyE At the time I filed my MTC, I had received no response at all to my discovery, and it had been two months since I submitted them. I still contend that the 'Bill of Sale' provided is incomplete, as it references other documents which were not included that should contain the terms and warranties of the sale. Should I push for those? The 'Forward Flow Receivables Purchase Agreement' and the 'Notification Files' specifically. There is also the fact that NOTHING references the 'Schedule A of the Sale File' whatsoever. Am I go
  3. @Jimmy E I could not find them with the search either, however if you leave the fields blank and press search, it will dump the entire list. They are on the list several times, a seperate entry for several different locations. I do not know when they registered, however. @BV80 , @Trapezius , and really anyone: Let me be sure I have my facts straight here. After reviewing Plaintiff's responses to my RFP, they have failed to provide complete answers to any of them, and per ARCP 37 (a)(3), 'Evasive or Incomplete Answer or Response. For purposes of this subdivision, an evasive or incomplete
  4. I have zero experience with oral arguments in a legal setting. However they filed the affidavit in question with the court with the original complaint, so they have asked the court to do something based on this affidavit. What they probably expected was a default judgement, but they still asked for something based on this, and ONLY this in the original complaint. Sigh. It works the way it works, I guess it doesn't have to make sense all the time. My expectation is that they will do this, but wait until the last possible moment to so do. Not yet. How would I 'enter an affidavi
  5. @BV80 A proper chain of title has yet to be provided, and they have also failed to meet the hearsay exception for business records, I think. You can't just take unauthenticated records from one entity and place it into the files of another and meet the business records exception, or have I gotten this all wrong? If I'm right, then the statements, etc are all hearsay and therefore any testimony/affidavit based upon them also becomes hearsay, right? Yes, basically cited Gemini Capital Group, LLC v. Kenneth Dean McFarland, 2014 Ark. App. 83 (2014), what they're saying is that they are a
  6. @BV80 The admissions were as I expected as well, but if they're not admitting it here, how do I convince the judge of it at trial? As for the Bill of Sale, apparently the page which looks like a database row printed out does contain the name, alleged account number that matches the statements, etc, and is referred to by plaintiff as 'Schedule A of the Sale File' in their response. This 'Scherdule A' is not referenced in any of the other documents provided, including the Bill of Sale. The charge-off statement looked odd to me as well, and I don't remember making that payment. So at this
  7. Hey guys, thanks for all the great information available here. I am at the end(?) of discovery, they have responded to my Rogs, RFA and RFP, however I believe the responses to be incomplete, and/or flat out lies, and I need to know precisely how to respond.I had hopes that I might be able to finish the case out without having to take up too much of your time, but I am kind of at a loss what to do at this point. Quick timeline, my first RFP was filed/mailed July 14th, my RFA was filed/mailed September 4th. I sent a meet and confer on September 9th in regard to the RFP filed in July, and then
  8. @BV80 thanks, I have already seen and used that in my response to plaintiffs response to my motion to strike. Another question, how do I cite case law in person to the judge?
  9. Ok I have a hearing on my MTS next week...what can I expect, what do I need to prepare, bring with me, etc.? my experience with courtrooms consists wholly of traffic violations. I did file the suggested response above, so I already have all the cited opinions printed. in short, I am kind of nervous. Any and all assistance is most welcome.
  10. ....this from earlier in the thread...I notice that in their reply to you they object to providing the original signed charge slips as 'unduly burdensome...not reasonably calculated to lead to the discovery of admissable evidence." Now, the poster here does not cite case law, and my admittedly amateurish search of Scholar doesn't turn up anything, but could PRA's reluctance to produce the actual signed charge slips mean they have nothing to base the 5 year SOL on? If they cannot prove you used the card, and continued your written contract by actually signing the slips...then...? Obviousl
  11. Thanks, that's quite elegant. I read all the cases cited, actually my first visit to Google Scholar....I had been using the interface the Arkansas court system provides to look up case law - it was quite tedious. Google Scholar is like the wikipedia of case law, I spent way longer than I should have following links to citations...I find I'm beginning to like reading case law and all the other legalese involved in this business. Perhaps I should have been an attorney. Now that I've extricated myself from Scholar, I don't know what to title my response. Plaintiff's argument I'm answering h
  12. In response to my Motion to Strike Plaintiff's Affidavit(which is the standard PRA affidavit), PRA is claiming the affidavit is admissible as evidence under AR rule of evidence 803(6) or (7). "Plaintiff has properly incorporated its predecessor in interest business records into its own business records. There is no prohibition against this practice. See Marshall Trucking Co. v. State, 23 Ark. App. 110 (1988)". Do I need to file a response to this, and if so, what argument do I use? I know this is not correct, and that you can't just use someone else's business records as your own, but I
  13. Thanks for the responses guys, very helpful. I've tried to use search as much as possible, but sometimes you just need clarification. Thanks again
  14. I am being sued by Portfolio Recovery Associates, LLC in Arkansas. The complaint was the standard "you owe us money" JDB stuff, and the only supporting evidence provided was an affidavit. I plan to file my answer along with a MTD pursuant to Rule 10(d) tomorrow, but am also looking at filing a Stay until the Supreme Court here rules in Simpson, something similar to this case's MTS, https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS/CK_Image.Present2?DMS_ID=OV4X0JA8IJLWBU2F1GIB939NIN25MT Am I required to file a counterclaim to get this question before the court to even support a MTS or wha