Everything posted by RustedIQ
Thanks all for the info. I think the judge will most likely dismiss their suit but is giving the JDB the chance to exhaust every one of their arguments and give me a chance to reply to each argument which I have been doing. Thanks again without this forum I would be clueless. Seems like the JDBs paid somebody to hack debtorboards.com. Consumers must be sticking it to the JDBs.
You are right they have not provided any published case law supporting a 6 yr SOL prior to July 2011. They provided a case decision where the defendant didnt show up and they got a default judgement (not applicable here), then they provided unpublished case decision from NJ (I thought you could only cite case law from the state in which you are being sued or suing someone) They even suggested I be sanctioned for citing unpublished stuff then they go and do it themselves! I think they know their case is crumbling and they are making desperate grasps at anything. At trial when I objected to thei
So I have already been to court with JDB attorney in AZ. I used case law in AZ found by searching forums here that supports a 3 yr SOL (A.R.S. 12-543). The JDB attorney objected by stating unpublished memorandum decisions hold no weight and have no precedent in the state of AZ as per AZ Supreme Court Rule 111©. The judge asked if I could provide a supplemental memo to support my contention for a 3 yr SOL. I used DSS Financial v. Deborah Walrod to support my 3 yr SOL defense. My question is do unpublished cases hold no weight or precedent? It seems strange that only case law that has been "pu