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  1. @kraftykrab, @BV80 Thanks for your thoughtful responses. Please review this --->, especially -----> (b) Amendments during and after trial. My interpretation of this is basically that I can bring up new info, Rules, Statutes, etc at Trial, and the Judge should let me do so, as well as use them as an amended Pleading, or allow time to make an amended Pleading. Is that what you see as well, or am I just seeing what I want to see? The big question is: is a Hearing considered a Trial?
  2. @kraftykrab, @BV80 What you suggest here, is 1 of the reasons I created this post. I certainly think your above reference, as well as many other issues that have been brought to light throughout correspondence with Plaintiff, and via research I have done, ensure I have, and had, from the get go, valid grounds for a counterclaim. Or perhaps operating under Rule 13 (d) Counterclaim maturing or acquired after pleading. I still think that this applies to my situation. Deceptive practices, misrepresenting the debt, unconscionable conduct, or something of the like. This is why I was think
  3. Regarding enforcing Rules, Procedure etc. When I first was served and read different info about this situation, I thought it was an insane Complaint, and a sure win/Dismissal. First mistake. I talked with some savvy business people I've had relationships with for years, as a result, I was relatively convinced that Laws, Statutes, Codes, Procedure etc, was not something I needed to enforce. That a Judge knows the laws, and would know if something is not proper. 2nd Mistake.. Regarding MSJ - Decision - I am allowed time to respond to the MSJ, they just moved passed it. Actually, I forgot to
  4. Yes, BV80, I understand what you are saying. What I was explaining in the above quoted section you refer to, took place months before they ever provided that statement with an alleged payment. Also, they did not provide that statement as an answer to my Interrogatories. They offered it months later, with no reference to where it came from, or by whom it was attained in standard business practice. That is when I objected to it, as Hearsay. Plaintiff never opposed my objection, or offered any explanation. This case is crazy. It is all out of procedure. Starting with Plaintiff fil
  5. Something, I still don't see has been substantiated by Plaintiff, is: within their initial Complaint/Summons, they allege as follows - "4) Plaintiff purchased Defendant's account from Citibank, NA and has been fully assigned all the rights and privileges of Citibank, NA in relation to Defendants account." "5) Defendant, by signing the Note, or by accepting and using the credit card, agreed to the terms and conditions of the Agreement." First, even according to Plaintiff's bills of sale, they are the 5th JDB in the chain, they have been assigned the debt from the 4th JDB,
  6. They sent Bills of Sale with their response to my Interrogatories. I asked they provide anything that suggests they are the rightful owner of the debt. This was because in the initial Complaint/Summons, they made multiple claims, but offered nothing to support them. So, within my Answer, I stated, there is not enough info to determine whether they actually have claim to the debt itself, effectively lack of Standing, without using the words, lack of Standing. This wass 1 of prepared options, within an Answer form on the court website. After they provided the Bills of Sale (which they do n
  7. Please review and respond to my question on your Sued by Unifund post/thread.

  8. I know that I could have done things better, and differently now. But, I cannot change what is already on file unless I file a Motion to Amend something. I have been searching how that works exactly, and am still unsure. I did send Discovery request within my Interrogatories to Plaintiff for above mentioned documents, they refused. They said it was irrelevant, and, or, something that Plaintiff does not have. This seemed like it was something they could not refuse. But, again, I was ignorant, and continued forward with the process at that point, without following up with a Meet and Confer,
  9. @kraftykrab, @BV80 I did what you suggest, referencing more than 1 case law, supporting need to establish Standing. Also, I referenced Plaintiff's refusal to provide the documents about Bills of Sale, details, and agreement involved; with my Motion to Dismiss, and Reply in Support. At this point, I want to pound this issue of Lack of Standing, with a Motion to Compel, so that the Judge is forced to see how this supports my assertion of lack of Standing. Would it perhaps be worth filing a Motion to Compel, just so it is in the record, even if the Judge decides it is inadmissible?
  10. Honestly, this may be where I made some error. I did not reference a Rule, when filing Motion to Dismiss. I was confused when first dealing with this case, and had not found any forums, like this one until much later, to help shed light on everything. Initially, when filing answer, and requesting disclosures from Plaintiff, I was being directed by the court clerk to follow procedure for small claims. Whereas, this is not a small claims matter. I did not realize this, until later. So, Procedure was ambiguous, because I was looking at two separate instructions for how to proceed. Basic
  11. SOL, Lack of Standing, and Statute of Frauds. Oh, when you ask which Rule, do you mean Procedural, or what are you asking specifically?
  12. @kraftykrab, @BV80 Yes, SOF, is something that I have argued in my Motion to Dismiss, and Reply in Support. Does anyone know what happens in a Hearing? The court clerk informed me that it is basically a trial, that you discuss the motions on file. What I don't understand is if you have a chance to elaborate, argue or discuss the details of things outlined in the Motions? Or, is it just basically the Judge interpreting the laws, and articulating how the Motions relate to the laws, hence Plaintiff, and Defendant or just listening to the Judge speak? Also, I have asked from the Pla
  13. @Coffee_before_tea Hey, I am just about to go to Hearing, next Weds, Jan 11th. I have almost exactly the same case as you have described here, including same Plaintiff, in UT. I have argued many aspects that are identical to things in this thread. ie asking for info about Bill of Sale Agreement details, challenging Standing. Really, many of the exact same things you have challenged. When I read your explanation of the details and wording of the Summons, and the events following the initial Complaint, it is almost identical. They must literally just have turnkey method for this stuff.