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Najiistar

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Posts posted by Najiistar

  1. hello all

    So I am still with plenty of time to send my disclosure to Plaintiff

    Are there any pro's or con's to sending this now versus closer to the 40 day mark?

    Are there any hazards to be aware of when providing a disclosure statement in return?

    any other specifics I should include such a intent to summons their claimed witnesses?

    Also since the JDB is not sending anything with proof of receipt, is there a way to demand communication this way so they can not claim to mail something and it gets lost?

    Thanks

    * my head is full!!*

    :(

  2. Thanks Harry and Shellie98
    I downloaded a copy of the JCRCP a few weeks ago and have been reading and digesting and then re-reading.
    I am curious at the speed they delivered disclosure. . .I answered the original complaint on the 20th day and I had disclosure from them two days later! just interesting as lots of stories on here about JDB taking a long time to initially disclose.
    I will upload the original complaint and my answer below. . .
    Thanks for the "section of your Rule 121 statement I would include Any and all of Plaintiff's relevant responses to Discovery requests made by Defendant". . I will be sure to add it
    I answered 8/17 so I still have loads of time to disclose . . .is there any benefit to answering quickly or slowly?
     
    When and how do I object to the use of non-OC witnesses? in my initial disclosure?  
     
     

  3. Hi All

    so here is the disclosure doc from the Plaintiff it also included 12 months of credit card statements.

     

    I have read and read from the forums on this site and it would appear that they have failed to actually show ownership of the particular debt in question?

     

    How do I best look at this information for the case?

     

    The credit card statements are all hearsay yes?

    The bill of sale says nothing about the alleged debt specifically?

    The page with my name and SS# and a few lines about a debt. . . .anyone could have produced. . ?  will I eventually try to prevent these documents from being used?

     

    Are there any hazards to be aware of when providing a disclosure statement in return?

     

    Thanks in advance

     

  4. the seventeenth was a Sunday. . .According to the Rules concerning Last Day for Arizona. . .if it falls on a Sat, Sun or Holiday you have until the end of the following business day. .. unless I did not read it correctly.

    JCPCP Rule 115a

    (1) Day of the act or default. In calculating any period of time specified or allowed by these rules, by any local rules, by order of a court, or by any applicable statute, the day of the act or default from which the designated period of time begins to run is not included.

     (3) Last day. The last day of the period is included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday. [ARCP 6(a)]

  5. Hi 

    Any advice?

    here are the basics

    Sued by Cavalry

    Served July 28th. . .. had 20 days to answer

    Provided answer on the 20th day (August 18th) Last day was Aug. 18th based on calculations made following court rules here in Pima. I also sent them the Answer certified mail. The Answer also showed on the court website minutes after paying the fee and filing.

     Certified the mailing on Aug. 20th. 

    (Makes me think they did not even look at the court website to see if I answered)

    I received a copy from their offices today (Aug 22)

    I have ten days excluding weekends and holidays (according to the justice court rules) to Answer. . .. . 

    My questions are as follows:

    How best to answer this? should I use a format similar to the original answer? 

    Did they make a misstep in filing for default. . . .if so. . .how do I best exploit it?

    Has anyone had experience in the Pima county justice courts with fighting JDB's?

    Any advice or suggestions would be very helpful

    Thanks

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