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  1. Nuclear option engaged. BK7. My lawyer contacted the opposing party and a 30-day continuance was signed off today by the judge. If we were going to try to go the distance in court, our only option would have been to cross examine the VP for citi bank and get her impeached. We also would have filed a trial brief. Alternatively, I would have considered Arb with JAMS - in the very least, it would have mitigated any fees the lawyers for citi would have tried to claim in county court. This topic has received many views and I hope it helps folks down the road. THANKS FOR ALL WHO PROVIDED INSIGHT AND SUPPORT!
  2. Does anyone have a trial brief template I can use? I used the search function and found one, but it's from a novice and I want to make sure the formatting and content is proper. IM me if you have it as an attachment.
  3. Gathering evidence for pending FDCPA and FCRA actions. Since my credit is damaged, where are some of the best places to apply for credit, in anticipation of being denied - or receiving higher interest rates
  4. I have seen the evidence. There's a generic card holder agreement, a couple years worth of statements (but they are missing several year's prior) and a photocopy of a check from a year that is not included in the statements provided. There is no affidavit included with these documents, but a statement that a witness will testify to them. I will need to impeach the witness on the stand, in order to get the docs thrown out. I found a trial brief in another thread that I will use as a template and try to post here for review. Thanks so much for your feedback.
  5. You should assume that they will sell the debt off at some point. If you feel that they might pursue you in court, then take the time to understand your rights and the burden of proof that a creditor needs to provide in order to prevail against you. If you don't think they will pursue you as the OC, you should take the next 11 months (as SOL approaches) and LEARN how to set up and sue Junk Debt Buyers in Federal Court for violations of FDCPA, FCRA and TCPA. Or a mix of both.
  6. jene_rae, I am facing an OC in another state and I am wondering how this is going for you? Is trial still set for Nov 21?
  7. Anon, At this point, here's what I'm looking at: 1.Trial in a little over 2 weeks. Lawyer for OC has provided the disclosure documents and is having a witness from OC testify. 2.They motioned for telephonic hearing, which I timely objected to. 3.Best case judge orders witness to appear and the witness is a no show. 4.Probable case - judge licks boots of OC and allows telephonic hearing. As far as I can tell: 1. a motion in limine doesn't apply since there is no issue with the OC's evidence - because it won't be introduced until trial. 2. If this is the case, does a trial brief make sense if the evidence offered by OC hasn't been submitted to the court yet?
  8. I only get to ask 5 interrogs with a max 4 sub questions each. Since this is an OC, this is what I am thinking. Please look and let me know what changes I should make.
  9. In regard to disclosure - what types of things should I be submitting? Case law citations which outline the elements to Account Stated, Breach of Contract, etc?
  10. If these copies of statements are not authenticated, when do I motion to strike them - at the trial? Interest rate info is referenced in the contract as a separate doc, but that separate doc is not present - how do I attack that?
  11. It's County Court. If Due Process is a natural RIGHT, why am I asking permission? I remember coming across a declaration at some point that notifies the court that it needs to be lenient to Pro Se litigants. Does anyone know what I am talking about? If so, can someone paste a link to it?
  12. At the pretrial hearing I asked the judge if I was entitled to a fair and meaningful hearing. The judge said, yes. However, the judge subsequently only allowed me a very limited discovery. The County Court Rules seem to give the judge leeway in what formal discovery is comprised. How can I have a fair and meaningful hearing, if I can't make requests for production of docs nor affirmations, and only 5 interrogatories? Can I object and assert my rights, or is County Court a Kangaroo Court?
  13. Hearing went so so. Will go to trial. Only granted 5 interrogatories with a max of 4 sub questions per. Any recommendations? I will also need to write up jury instructions. Where can I find such an animal? Will need questions to examine OC's witness as well. Lots of work ahead for sure. Have some time though.
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