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Everything posted by SQLguy

  1. Good point. My attorney did say My hearsay argument was pretty good, and he brought up the fact that their affiant was not an party to the original agreement and that the documents provided were the plaintiff's and not from the OC.
  2. See that's the thing. Some of those in house stamps don't have a date on them. I've got at least 2 envelopes with no date on the postmark. And yes her name is Katia. I'm told she goes by Katy. However it was a different attorney at the hearing today. I found this odd because I'm pretty sure I received a notice of substitution of counsel that said this particular attorney was no longer employed there.
  3. I don't think I'm collection proof. I am working, and make a decent wage but also have a lot of debt and am trying to adopt a child this year. I did find out that my employer will be closing our office in March and will be transitioning things to Michigan, however I will be working for them from home until the end of the year. My house is joint with my wife. My bank account has $250.00 a month from my wages go into it, the rest goes into my wife's account. So the main thing I can see is a garnishment on my wages. The rule in Utah states that they can only do 25% of disposable income. They don't define disposable income so I'm not exactly sure what that means The attorney did tell me that if I go the settlement route to make sure there is an indemnity clause in it that protects me from any further action on this account. If I decide to settle I do plan to present a low ball offer along with my sob story and see what happens. Apparently the Asset Acceptance attorney only has the ability to settle for 75% Anything less and they have to talk to Asset Acceptance. I also had an interesting conversation with another Defendant in a Johnson Mark case. He mentioned to pay attention to the post marks on their mailings. He said that they are mailing stuff with an Idaho postmark that has no mailing date on it. He indicated that this was a Federal violation as it is impossible to determine something was mailed. Anyone have any insight into this? I do have some mailings that seem to match but I wasn't sure what sort of violation he was talking about.
  4. Thanks for the feedback everyone. I've got a lot to think about this weekend.
  5. And obviously having the money to settle, since the discounted price will likely be a lump sum payment. The attorney thought it was likely that I could get them to agree to payments. He told me that the attorney handling my case is fairly young and has a soft spot for sob stories. He has seen her push back with her client when those have come into play.
  6. Just got back from my hearing. Things didn't go as well as I had hoped but also did not go as bad as I feared. The judge let them withdraw their admissions but didn't give them the default because of the statements. I have until next Friday to have the statements in their hands. The judge wants this to be decided at trial. One interesting thing is that when I got there I was approached by someone who said they were from legal aid and have attorneys working Ppro Bono for anyone that wants to have one look at their case and get advice, or even represent them before the judge. I accepted the help. The attorney seemed pretty impressed and thought I had a decent chance of getting it dismissed. I got a lot of insight from him on the judge that handled the hearing and found out that this judge is old school in that he allows a lot of leeway with the rules and prefers that issues be decided at trial. After the hearing he said that he thought that my hearsay argument is good but gave me a 50/50 chance at winning if this goes to trial. (Not suprising really). He also gave me some good insight into the opposing counsel as he used to work with her. The question I have to decided on now is do I want to continue fighting or should I just settle. Part of me wants to fight this to the end, but the other part of me just wants to be done. He seemed to think that I could get them down to half of the original amount. Looking at the way some of the other Utah cases on this board have gone I'm leaning towards settling but not fully convinced yet.
  7. That is good to hear! I'm so stressed right now and just trying to calm myself before heading out.
  8. They then asked for the sanctions. I opposed them and argued among other things that I had reasonable belief that my MTD would be granted and that I should not have to turn over that private information until my MTD is decided
  9. Correct. They asked for a default. I didn't receive the signed order initially. But they sent me a copy of it in a "second request ". I had been preparing my MTD and filed it a day after I got their letter.
  10. They are motioning to get their deemed admissions withdrawn. They also have a motion for sanctions because I did not provide the bank statements.(I didn't know the order had been granted and once I became aware I filed my MTD before they requested the sanctions)
  11. @Anon Amos No trial date set yet. I have a hearing tomorrow on my MTD and their motions for sanctions and to withdraw admissions. I did send a request for production. They denied having bill of sale, terms of sale, forward flow agreement, and chain of custody documents. Would it be worth it to take the docs I came across to the hearing tomorrow? I have a feeling that good or bad, this ends tomorrow. I either get my MTD granted or they get their sanctions and default judgement.
  12. No Problem. I appreciate the help. One last question. While I was going through some old papers last night, I came across some statements from 3 separate different companies on this account. Is it a good idea to have these available and bring them up?
  13. @Spikey It's a hearing on al outstanding motions. So right now it would be my MTD VS their motions for sanctions and motion to withdraw admissions.
  14. Thanks for the help everyone. Any advice to help me prepare for my hearing on Friday?
  15. That is what really has me puzzled. It seems it would be much simpler to produce the Bill of Sale to refute the admissions than submit a shady affidavit and hearsay documentation. Hopefully the judge will feel the same way.
  16. Yeah I'm of the same thought. My only concern is what jlf2 says in his thread I'm concerned that some of the judges here just don't care and rubber-stamp these just to be done with them.
  17. Here are my requests for production. I'm at work now so I don't have their exact answers but it was something to the effect that they were either unaware or did not have possession of the documentation. 1. All documents intended to be used at trial. 2. The sales contract that establishes the Plaintiff as the owner of the alleged account 3. Any documents related to the sale of the alleged account that reference the terms and conditions of the sale of the alleged account. 4. The document commonly referred to as the Forward Flow Agreement or it’s equivalent. 5. Complete Chain of Custody documentation that establishes the Plaintiff as the owner of the alleged account. I definitely plan on bringing this up in my hearing as it makes no sense why they would not have this documentation and they appear to be wasting everyone's time by using their crap evidence and affidavit.
  18. @BV80 Correct they've produced no Bill of Sale and in their response to my Request for Production stated they were not in possession of it.
  19. That was actually a quote from the Supreme Court decision. I've put it in italics to make it more obvious.
  20. Thanks. I don't see anything in the rules specific to when the MIL can be submitted. Since a party has 10 days to file a response I would imagine it would need to be at least 14 days before trial. I have numbered my headings and put them in bold and caps so I feel good that it should be easy to read. Here's a redacted version of the entire response. I'm leaving work now but will head home and check here one last time before I print and head over to the post office. Any last minute advice is appreciated as always. Response to Motion to Withdraw Final.pdf
  21. @Bob Fletcher I assume you mean response? At this point I am putting the MIL on hold and including those arguments in my response to their Motion to Withdraw Deemed Admissions since the affidavit and supporting documents were included as exhibits to their motion.
  22. Thanks@shellieh98 I've incorporated the information in my MIL into my response to the Request to Withdraw Admissions. I'm thinking I'll file that while still researching and working on the MIL and depending on the outcome of my hearing Friday, file it if needed. What does everyone think about that? My hope is the judge will nail them on their late responses and give me a little bit of latitude (but isn't this what we always hope) I can really see this going either way and that is what makes me the most nervous.
  23. The rules state 10 pages for a motion and 5 for a response. Here is the particular rule. ©(2) Length. Initial memoranda shall not exceed 10 pages of argument without leave of the court. Reply memoranda shall not exceed 5 pages of argument without leave of the court. The court may permit a party to file an over-length memorandum upon ex parte application and a showing of good cause.
  24. Ok so I've taken the info in the MIL and added it to the response to their motion to Withdraw Admissions. It's a couple of pages over, but I think I'll be ok as one of the pages is the signature line and the other is the header. Any other thoughts or suggestions.