whatnot

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About whatnot

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  1. I beleive I found the section you referred to but it talks about an employee of the JDB not the manager/owner of the JDB company. Don't know if that makes a difference
  2. But does it need to be a signature of the JDB or just a typed name that him and the atty responded? They also submitted a contract from OC to JDB but it looks like it was handled through a broker. They've deleted the purchase price in it. The contract is signed but not dated. Also they submitted an excell type spreadsheet with accounts that supposedly were bought and at mine there are additions (like name social etc) obviously it's been altered. Do I do a motion to strike before trial since it's now with the courts?
  3. The client didn't sign them just the attorney but they did identify jdb as one of the persons answering
  4. The coversheet on admissions say plaintiff by and through it's atttorney undersigned hereby responds to defents request for admissions. Same thing for the POD. On interrogotores one of my questions was identify the person answering and it's the name of the managing member of JDB and the attorney
  5. admit or deny that there is no written agreement between the defendant and plaintiff regarding this debt admitted admit or dey that you are unable to provide a complete accounting for the amount you are claiming deny (but they only porvided a copy of a statement from year end for 3 years then some really unreadable screen shots. Not 'complete' accounting Admit or deny the palinttiff and defendants exchanged consideration, monetary or otherwise creating an agreement both parties Admit as plaintiff stand in the shoes of OC Admit or deny the defendant has been provided a signed copy of the cardholder agreement for the alleged account Objection assumes facts not in evidence as to whether a signed cardholder agreement exists (I didn't think they could object just admit or deny?? Admit or deny there is an arb cluse in the agreement and that the election of arb by either pary precludes court action Objection Compound request for admission. Assumes facts not in evidence as to whether an arb clause exists and calls for a legal conclusion as to the legal effect of any alleged arb clause Admit or deny plaintiff does not have any account application signed by defendant admit I loved this one ) Admit or deny plaintiff does not hold any type of license form the AZDFI objection irrelevant and unlikely to lead to the discovery of admissible evidence Admit or deny the acquisiton price for this account was less thent eh amount plaintiff is suing for Objection irrelavant and unlikely to lead to the discovery of admissible evidence there are others but I don't think they are all that relavant. I'd like some of you well seasons people to let me know your take on this.
  6. First I need to say that they have amended their initial disclosure statement and changed the alledged Visa to MC. They also included a contract from the OC which is signed but not dated then a few more pages that are signed and notarized along with a excel type spreadsheet with the accounts they supposedly bought. They have blanked out the purchase price and added my address phone and ss to the ledger to show my acct. I mention this because in their admissions , pod, interrogotorries they keep referring to the 26.1 They do not have the cardholder agreement and said defendats will need to obtain for the bank I'm not posting the entire thing just the ones I need some feedback on. POD requests provide dos showing date this acct first went into defaul. See disclosure stmt Provide notarized statment by person with origianl knowledge of alleged debt, as it was constituted and who can testify that the alleged debt was incurred legally. No such doc is in possession at this time Provide any and all credit repors plaintiff obtained from any credit reporting agenc concerning defendat. Objection, irrelevant and unlikely to lend to the discovery of admissible evidence The atty pulled my credit about a month after their client bought the debt Provide all dos showing the calculations or assessment of interest, finnace sharges, fees and charges on the alleged debt sued upon in this action, and all docs relating to the pymt history of the acct. see disclosure . plaintiff provided all info within it's possession. If any further info exists, defendants will need to abotain directly from bank or it's own records Provide all copies of charge slips signed by defendant with the OC same response as above Interrogatories What is the name of the company Plaintiff purchased the alleged obligation and when was it purchaed. Provide a copy of the bill of sale, bulk transfer affidavit and cancelled check or other evidence of pymt See attached purchase contract and chain of title docs (there is not cancelled check or proof of pyment) Provide a complete accoungtin of the amount claimed due including principal, interest, collection chagres and any other compnents that contribute to the balance from date of inception through and including the response date to the first set of interrogatories. See disclosure
  7. I sent out discovery to the plaintiffs attorney since that was the only addrss I had. It's been sent back to me but everything is signed by the attorney and not the plaintiff. is that acceptable in AZ? Also there are a couple of the admissions they objected to. Aren't they just suppose to admit or deny? Of course one of them was the acquisition price for the account being less then amount they are suing for
  8. There was a case in front of mine when I went to pretrial conference and the plaintiff didn't show. The judge told the folks they just need to write something up with motion to dismiss based on the fact plaintiff did not show up. So just have one ready in case.
  9. Yes as mentioned above it's the manager of the JDB company.
  10. Thanks! What can I use as an objection to the manager of the JDB being used as a witness? They said he's suppose to be testifying "to his knowledge as to the amount due and owing as provided to him from the assignor" From what I can find out this witness is also an attorney.
  11. The JDB has never served my spouse only me. I have their affidavit of service from the courts and my name is the only one listed as being served. Of course on the complaint my spouse is listed as john/jane Doe They tried to leave a copy with me for him but I told them we were seperated. They have never pursued serving him but I have had him sign all the answers etc we've had to file so they can't get an automatic default on him. Can I use this to fight them at trial? They also have him named as a witness even though he really had never had or known anything about the cc since I originally got it before we were married. This is in AZ so I know community property plays a part just not sure how to fight that.
  12. I don't see how that addresses filing a motion for one that has already been denied. I must be missing something
  13. My first MTD was denied. Does anyone know are you limited to how many you can file? Do future ones need to be for different reasons then the original? I do have a trial date in a little over a month