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About TryingHard

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  1. I appreciate the info. When I asked the clerk here about setting a hearing for mine, I was told the judge would review and set a hearing. But, nothing was done. Your information is helpful...maybe I'll try the same. Just want to make sure it is documented that I have the MTC and they have not provided what was requested. thanks again
  2. I've checked the docket this morning and nothing is posted on their either. Should there be something concerning yesterday's hearing, or since the judge allowed them to amend, does nothing show until they file something or set another hearing date?
  3. nope, didn't get anything. Judge just said it was okay for them to amend and nothing else was said except when I told him I wanted leave to amend my affirmative defenses. He told me to put it through the regular channels and to "get it in before they come back". One more thing, he just wanted to make sure of the local address to make sure I get the notice. So, I assumed he was talking about notice of the next hearing. I think the Plaintiff's attorney will set that when they are ready. Not sure if they will jump on this, or take some time. But, with their motions, they always set the heari
  4. No, he didn't even look at my Motion to Strike, just my Opposition to their MSJ. The Motion to Dismiss was going to be heard, as he said that, as if it was a counter motion to their MSJ. but, we didn't get that far. They asked to be able to amend the affidavit. So, I guess everything will be heard again at the next hearing. So, even though they have provided some of the items, I can still argue the items they did not without rewriting the motion to compel ? They didn't provide all the notifications of rate/fee/terms changes either. Referred me to the statements again instead of providi
  5. okay, so the clerk says the judge will set the hearing, but has not. Do I contact the judge's office/assistant? If my motion to compel just states I have received nothing and now I have, if they set the hearing, can I still request the items they objected to or did not? or do I need to refile the Motion to compel with the exact items not produced or in question?
  6. The other big thing, IMO, that they did not provide (only referred to the statements) was: "Attach any and all notices sent to Defendant announcing changes in interest, fees or penalties and/or the terms of this alleged account" Now, they should have provided all the updated cardholder agreements. Without those, how can they change the interest % and fees. And those changed during the statement range they provided. Plus the statements they provided are not complete. All of pages to all the statements are not included so if you take the debit and credits, they do not come up to the amount th
  7. documents supposedly sent in the past.....what do you mean? The atty claimed that because the affiant says she "is familiar with the manner and method by which TCSI maintains business records for the credit card accounts." that that is sufficient for her having personal knowledge. She never says she has "personal knowledge", only that she has "personal knowledge review". And, to attach a copy of the Assignment and Assumption Agreement between Target National Bank and TD Bank. How can she swear to that document. That has nothing to do with her job at Target Corporate Services. How can
  8. what written objections? Do I need to do more, or can I use my same opposition/objections. I have that written in my opposition, my affidavit and my Motion to Dismiss. No notification of assignment was ever sent to comply with S559.715. Atty claimed the notice was provided by sending the statement. And, if they do all of a sudden come up with one, I'll object. Why wasn't it produced from my request, where is the proof it was mailed....???? I thought the same thing about the amended affidavit. If they fix it, don't I just attack that it is untrustworthy. that until I pointed out the pro
  9. then with my Affirmative Defense. I figured they really didn't matter. I thought, that as long as i found more defenses as we went along, that was fine. But, the first thing she did was attack my Affirmative Defenses and that I had not provided any proof or evidence. But, I thought they had to prove their case, not me having to prove I don't owe the money, etc.
  10. Now, I do have a motion to compel on file. I filed that because I had not received any of the documents in the time (30 days) If I remember correctly, they were like 3 or 5 days late. But, nothing ever happened with my motion. I was told by the clerk when I filed, I asked if I need to request a hearing for a motion and was told that the judge would set the hearing date. Now, if I filed that motion stating I received nothing, should I have, or can I still, file another motion to compel for the items requested and not provided? Or can I use their answers to my benefit during the next hear
  11. "#10. Objection. The request is overly broad, vague, irrelevant, and not reasonably calculated to lead to the discovery of admissible evidence."
  12. and like I said, my intentions were to object to everything when I had the chance to reply to what she said. But, we didn't get that far. Obviously, now I know, I should have just "objected" immediately when I disagreed with her "explanations" But, I will have that chance again at the next hearing when they present their new evidence right?
  13. The atty basically said that because they sent a statement of the account, that was notification of the assignment. I think she said something like the statement and dunning letter. The dunning letter says nothing about them being assigned this alleged account. Only to say "#5. we will provide you the name and address of the original creditor, if different from the current creditor...."
  14. so, I also need to do a second request for documents? I did my first, but only asking for statements, contracts, copies of correspondence, assignment letter, etc. Of course, several items I requested were objected to and I did not get. the assignment letter for one, said it was necessary for discovery in this case.
  15. now, with them amending the affidavit, do they refile their motion, or just refile the evidence (new affidavit) And, if they only file that affidavit, do they only have to mail it 5 days before the hearing date? I want to make sure I have enough time to prepare to attack it. Do I need to refile my opposition and motion to strike? I guess if they are amending the affidavit, I should have time to rewrite my motion to strike? I want to make sure I am given enough time....... In your opinion, how soon do you think I need to get my amended ADs in to the court?