Noreturn

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Noreturn last won the day on May 30

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About Noreturn

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  1. I still haven't made a move because I haven't received any documentation from the court, no signed order. Clerk told me today the only way to get documentation is to pay for the court minutes. My mtc order isn't even signed. Judge straight up dismissed and closed the case. court clerk doesn't even have a "dismissed" order to send me. Gonna lay low for awhile because it seems like this is over... I think I can claim victory for a second time. JDB 0 Pro Se 2
  2. Bench trial held in February 2020. Sued by PRA to collect $8107.11 for a CapOne Cc. Just received the judgement, case dismissed with prejudice. Such an amazing feeling it is to learn the law, apply new complex knowledge and defeat PRA. Absolutely could not have done this without the advise, information and experiences found here. Especially thankful to BV80 for suggesting specific Idaho Supreme Court case law. It was a hard confusing battle...it wasn't until I beat their summary judgment that I began to actually understand what I was doing. Object object object because...in the end the court ruled evidence offered by Portfolio Recovery was inadmissible hearsay and lacked foundation. I think what really sealed the deal was "The billing statements offered in Exhibit 1 lack foundation and are inadmissible under the business records exception". Turns out that even with 902 (11) you cannot upload someone else's business and call them your own. At least in Idaho. Big 'ol hug to Bv80 and Harry Seward for donating your personal time here, answering my questions and pointing me to the right direction. I will certainly Pay it forward. My husband was wrong, big bad attorney's don't always win.
  3. Sound advice. I do not want to find myself in a situation where they sue again and my motion is denied. I'm just trying to understand why the case was straight up dismissed ( and how to capitalize) without any direction from the judge to follow through with arbitration. I mean don't these motions normally end in an order to stay the case pending arbitration?
  4. So just got a letter from unifund attorney it says "While your motion to compel arbitration has been granted, I would request you first consider making an offer to see if we can resolve this issue short of arbitration. While that is your right under the contract, there are additional fees and costs involved that would make the final resolution more expensive for either side. If you wish to discuss that you should contact #$&@+ in my office". My gut tells me I may have an alternative next move Rather than pursuing my original planned strategy which I formulated from reading the arbitration thread posted here. Arbitration clause says they will pay my fees if I ask. I have not filed or sent any documents yet. Options and advice appreciated
  5. Gotcha thanks for the advice. Just to be sure, I file arbitration without mentioning plts complaint I am entering my own complaints!
  6. Hearing held via zoom, I argued my motion for literally 60 seconds. Unifund basically said yes there is a contractual arbitration clause therefore had no defense. Judge dismissed without prejudice. Plaintiff requested the case to be reopened in 6 months if I failed to file for arbitration, judge denied this request because he is retiring. The hearing happened really quick and I didn't want to ask any questions after the case was dismissed. I'm wondering what happens if I wait a couple months to file with AAA or don't file at all? Judgement just says dismissed and nothing about a "stay" pending arbitration.
  7. Thanks, I couldn't find anything in our rules of civil procedure. Hopefully i can find some good reference material....
  8. After both parties presented their case, the trial court ordered closing arguments be submitted in writing. Plaintiff filed their Closing Argument WITH Proposed Findings of Fact and Conclusions of Law. Is it proper to respond to Plaintiffs facts and conclusions? Is it proper to object to fabrications? Is it proper to file proposed findings and conclusions without being ordered by the court?
  9. A random custodian of records and myself. Do I not have any recourse?
  10. I stated my grounds for objection was that I had asked specifically for witness disclosure in discovery ( plt answer was that discovery is ongoing, they would supplement) Next I complained that plaintiff did not comply with the courts order setting case schedule, and that I only had prepared questions for their custodian who provided an affidavit. It's kind of a blur why testimony was allowed, I seem to remember something like "let's wait and see what the witness has to say" I thought I communicated my objections well ( the part of trial I asserted well) however I did not mention that I would be prejudiced. The judge "logged" exhibits and some testimony, not sure what that means.
  11. Case Law in my State does not favor business records affidavit from the debt buyer, must be from OC. Even then, the affiant has to be specific about what records were reviewed and that they have knowledge of the process.
  12. Even if the judge denies a motion to strike / sanctions, is it possible to strengthen a future appeal? I'm pretty sure I will loose my case.
  13. I did object, loud and clear. I was hoping i could file a motion to strike and or sanctions. Last day of trial is one week from today.
  14. The Trial is ongoing, the witnesses have testified already.
  15. Does anyone have a sample Motion for Sanctions they'd like to share? Preferably dealing with failure to disclose, supplement an earlier response but any discovery topic will help. My situation: Parties participated in discovery, specifically asked plaintiff to disclose any / all potential witnesses Plaintiff answer " Plaintiff's only witness...custodian of records, discovery is ongoing plaintiff will supplement answer in accordance with the Courts Scheduling Order" --Plaintiff never supplemented-- Court Scheduling order: Parties must exchange and file with the court a list of witnesses they may call to testify. Include witness name, phone number, address and a brief description of expected testimony Due 10 days prior to trial--- Plaintiff JDB = Did not file or serve list--two live witnesses testified both undisclosed.