marimacha

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About marimacha

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    AZ
  1. Wow, I did not know that. Thanks for the info. I guess it's time for me to at the least talk to a BK attorney if not a tax attorney. I rather pay them the money which I will have to pay in the end anyway instead of this JDB.
  2. I realize IRS taxes most likely can't be dropped via BK. I am filing BK to stop JDB's.
  3. I am a horrible record keeper thus my IRS issues. Phoning it in might lead to possible future dates.
  4. There are indeed others that could pop up here in there. My ex's old debt. I am considering BK but I have back tax issues that are yet unresolved or I would be done with this whole mess.
  5. Don't mess with this law firm. I thought I had all my ducks in a row and I got rail roaded. Get an attorney if you can. I didn't include arbitration in my affirmative defenses and when I asked for it in court, I was facerolled by the judge.
  6. I was on SSI years ago when I first became disabled and had to go through a ton of rehab. That small check gets old fast. My earnings now barely pay the bills but are still better than SSI. Thanks for the reply
  7. I lost my case. I was steam rolled by the judge and lawyer. Non of my objections or affirmative defenses held up. The judge just facerolled me. Judgement was entered against me and I waited. Now I have received a letter from the attorney's office stating that I must attend a meeting in their offices and bring a bunch of materials(IRS filings, bank accts and assets) with me. If I don't attend the meeting then they will seek a clerk's office subpoena to compel me. I literally have nothing to give them. I can choose to call it in as I am disabled but do I really have to attend this meeting? What type of penalty can be imposed on me if I just disregard this? Why should I make their job easier by lighting the fire under my own feet? Any insight will be well appreciated. Thanks!!!
  8. You should start your own thread to get more focussed attention.
  9. 2 awesome posts but both are little unrelated to mine. The Plaint provided OC billing statements, approx over 12 of them and no affidavit to support them. I know I am really close here but I need to know if I can call the billing statements hearsay and get them stricken for that reason.
  10. Has there been any follow up to this? I'd like to hear more info on creating a brief to accompany the motion to strike. I've read elsewhere that the brief that follows could be called a memorandum in support. I too need to strike billing statements from the arguments in my case.
  11. Plaintiff's atty granted the right to attend court date via telephone with a non atty rep. I have been trying to use the Pacer website to find cases that would help my cause with regards to a Motion to Strike the Billing Statements and I can't make heads or tails of it. Can someone with Pacer search experience give me a hand with regards to setting up a proper query on the Pacer website? I have court in less than 3 weeks. I am just trying to find case law where a similar case like mine had the billing statements stricken from the record. This is all the plaintiff has against me. They have no affidavits of any type to back the statements up. Many Thanks in Advance
  12. Thanks for all the wonderful answers. I hope I can find a usable defense here that can help me win the case. Today I ran into the judge (JP) that will be ruling over my case. I voted for him in the last election actually. I asked him a couple of general law questions. The first question I asked him was about AZ cc contracts and SoL, do they fall under the 3 year SoL or the 6 year SoL. He told me that they fall under the 6 year SoL and he went into a long explanation. This of course is his own opinion as other judges have ruled that cc contracts can and do fall under the 3 year AZ SoL. I could see at this point that I would really have to prove my case to have chance with this judge. I next asked him what he thought about JDB's and how they sue people for debt that they bought for pennies on the dollar. He told me that if they legally obtained the debt then they are entitled to payment. I asked him what if the plaintiff only has billing statements and no affidavit to back them up? His response was, "Cmon, really, they have the billing statements which is business paperwork which shows proof of an account." At this point, I was pretty down and out at the thought that this guy seems to be really leaning on the side opposite of mine. He was cordial but had to run off and leave me disappointed. I really need to come up with a solid way to get the billing statements stricken from the record. I would really appreciate more advice and possibly example motions to strike so that maybe I can win this before there is an actual court date. After my run in with the man, the rest of my day pretty much sucked. I couldn't stop thinking about how I was going to impress this guy and move him to rule in my favor. Thanks again!!!
  13. The judge wants you to talk to the atty's on the phone first and try to work it out. For me they called this a pre-trial conference and I ended being put in a small room on a speaker phone with a rep from the attty's office. I never saw the judge.
  14. Went to a pre trial conference on this suit a week or so ago. I ended up being put in a small room and put on a conference call with a rep from the Plaintiff's atty's office. A complete waste of time. I received the Plaintiff's Disclosure Statement about the same time with pretty much their original complaint and a few billing statements before the alleged account was defaulted on. There are no attached affidavits, contracts or card user agreements attached to this. I am assuming that this Disclosure Statement is everything the Plaintiff has on me. How can I defend against these billing statements or get them dismissed? And, should send my own disclosure statement or would that be a waste of time since I have nothing to disclose? I have yet to send a Discovery request which I plan to send later this week. I am thinking that the atty are going to seek a MSJ in the next week or so as a trial date has yet to be set. The debt was allegedly my ex spouse's and I have no knowledge of it. SoL on this account according to the billing statements is in June but since the suit is already in process, I doubt I can use that as a defense. Any advice would be greatly appreciated.