merrybucks

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merrybucks last won the day on June 27 2009

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About merrybucks

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    500 posts and hasn't been banned yet....

core_pfieldgroups_99

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    Killing Orcs
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    Retired Union Thug

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    Northern Arizona
  1. You must file, with the opposing counsel, a rule 26 disclosure statement within 40 days of filing your answer. This intitial disclosure statement should contain any documents that you plan to use at trial, the name and contact info of any witnesses you intend to call and your defenses as well as the legal theory behind them. Under rule 16(g), within 90 days of filing your answer you must meet and confer with the other side.
  2. They are probably suing under written contract. The SOL for a written contract, in Ohio, is 15 years. I am not sure how the courts in Ohio have ruled on CC accounts, they may be considered written contracts. Perhaps someone from Ohio can weigh in on the subject.
  3. I don't want to sidetrack the discussion, however, in my long experience with the AZ legal system the plaintiff listed on the complaint is the actual plaintiff. I have yet to find a single case where the plaintiff listed on the complaint isn't the actual plaintiff. It may not be the case in other states.My point is that the OP needs to focus on answering the complaint, preparing defenses on their discovery, if they want to try and prove cap1 isn't the true plaintiff then so be it. I just wouldn't focus on it.
  4. They don't need to provide it with the complaint. The evidence will be provided in disclosure. 40 days after you file your answer an initial disclosure statement is due. In the statement you must list your defenses as well as the legal theory behind those defenses. The other side is required to do the same thing. You also are required to disclose any evidence and witnesses at the same time.IMHO I wouldn't concern myself with who the plaintiff is, CAP1 usually retains their accounts.
  5. Nice to see you back, but it looks like trueq is still gone.
  6. I'm not sure what county you are in, but I can recommend several good attorneys in the state. I would advise speaking with a consumer attorney. Most offer a free consultation. PM me for the names.
  7. Looks like Chase may have manipulated the metals market. http://www.nypost.com/p/news/business/feds_probing_jpmorgan_trades_in_gZzMvWBqOJpB55M7Rh9vwM and http://www.nypost.com/p/news/business/metal_are_in_the_pits_2arTlGNbMK7mb1uJeVHb0O
  8. Judges often order mediation in small claims cases. Mediation is less formal than a court hearing. The mediator will allow evidence that normally wouldn't be allowed in court. MEDIATION IS NON-BINDING on either party. In my county mediation is free. Mediatiors recieve 40 hours of training through the AG's office. I have the contact information for the person that oversees training if you would like it.The purpose of mediation is to work out a solution outside of the court room.
  9. Since you weren't given any reason for the denial, I would go ahead and include it.
  10. Arizona rules of evidence are modeled after Federal Rules. Records have to be transmitted by a person with knowledge and testified to by the custodian of records or other qualified witness. Here is Fed rule 803.6 You can find the Federal rules of evidence at http://expertpages.com/federal/a8.htm I'll see if I can find the state rules, usually they match the federal.