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KentWA last won the day on August 2 2012

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    Uintah Basin, UT

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  1. Sadly there are no cases that appealed on the security bond issue. It makes sense as the Bond is $300 and it would cost way more than that to appeal. Also under the rules they would have to pay the bond before they could appeal. Make sure you argue as strongly as you can about the costs you will incur from the case. Most of these lawyers jump on the fact you are Pro Se and do not get attorney fees, so no bond should be issued. You may want to address that up front by stating you are not eligible for attorney fees, however the rule does not address attorney fees. Rather the rule speaks only to costs which would be the same regardless of the status of representation.
  2. Racecar is 100% correct. Right now their goose is cooked, it has been more than the 5 days they get for service by mail. However you do not want to jump too fast as they can try to claim minor error and get the judge to go along with them. Do not call this to their attention. Read this case as it is very good, a Pro Se almost cooked his own goose by failing to follow procedure but managed to pull it out in the end. http://www.leagle.com/decision/In%20UTCO%2020130411D57
  3. I would submit an objection just to make them work for it and try to get the ruling thrown out. They have had plenty of opportunity to respond at the 15 month mark. It is their fault, not yours that they can not keep a lawyer on retainer.
  4. Congrats. If I remember right you used my arguments from the State Law Forum. If so it is possible they do not want a ruling on the record where you argued the law. These guys have been running rough shod over consumers for a couple of years with the 6 year argument with no meaningful push back. When they get push back and know they will lose they are going to cave rather than have a ruling on the merits of the arguments that could be used by the next Pro Se. Please do add you MTD to the State Law Forum thread I started so we can get SOL stuff all together. Utah consumers already have enough trouble finding info.
  5. If you have not sent this yet you may want to add something like "Through Plaintiff's Motion, Plaintiff has admitted it has no evidence that tie's alleged account to defendant. Plaintiff wishes to engage in a fishing expedition and should be barred from doing so." Also if you do not have them, then tell the court you do not and Plaintiff should be required to obtain them through other sources. Finally as an alternative request a protective order barring access to anyone other than counsel access to said records.
  6. Yep, new lawyer so it is time to give them an education and bury them in paperwork. By the way, have they pulled their motion over the Depo issues? If not then I would send them a meet and confer that if they do not pull it in a timely manner (like next 30 minutes) then you will motion for sanctions for wasting judicial resources and harassing Pro Se defendant.
  7. I think I missed something along the way here? Did you say you never received anything about their motion for an enlargement of time? If so it is time to hit them over the head and motion for a protective order requiring them to properly serve you. They do not like to have those types of motions show up on the docket. Then object to their motion in that plaintiff has had ample time to conduct discovery, in the alternative any enlargement should apply to plaintiff and defendant equally.
  8. I would go with something like: "Defendant has no recollection of this alleged account. Defendant lacks information or knowledge to reasonably admit or deny this request, and therefore must deny". Simple and to the point without getting wordy and giving them something to hang their hat on. I would look for more that you can use in an amended answer. Possibly a counter claim, etc.
  9. I am not really sure what they are asking for, almost sound like they do not either. A motion for enlargement of time to serve makes no sense since you have been served. A Request to Submit on a case they are still trying to serve also makes no sense.
  10. It sounds like you need to get to the court house and look at the file and ask the clerk why you are not receiving notices.
  11. It is very rare that a collection agency would go so far as claiming a felony anymore due the huge fines that can and are be levied by the FTC. The most common thing on a call like this is a scammer or possibly an ID Theif. Record it if you can just to be sure so you have evidence.
  12. Do not fight the service although it would not comply with the rules. I would open your answer with a statement to the effect "Person answering the complaint is not the proper person identified in the complaint, however is the person that was served." That puts plaintiff on notice that they may have misidentified you and brings up the issue of them suing the wrong party. Here is a link to the info provided by the courts about answering and includes the forms you will need. http://www.utcourts.gov/howto/answer/ EDIT: Also use wrong party as an affirmative defense.
  13. M&C is informal communication between the parties and it should only be brought to the attention of the court when there is a dispute where one party has to file a motion and needs proof they have already tried to resolve the issue informally. A contract does not need to be included with the complaint. However since it now becomes an integral part of their case, they must produce it in initial disclosures.
  14. I would not say in your M&C letter or anything else that FIA is a wholly owned subsidiary of BOA. You do not want them using your own words to prove any point. Make them prove everything. Just tell them you see nothing for transfer from BOA to FIA. On the UCC or Uniform Commercial Code see http://le.utah.gov/UtahCode/chapter.jsp?code=70A. It is a major pain to read, but you can find some gems in there, especially when you read about Instruments.
  15. It looks like when they filed for Entry of Judgement they submitted Declarations to support their Attorney Fee request. Since the Entry of Judgement has been denied, the rest is moot.
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