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    amateur debtor
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  1. Yes, there should be plenty of case law. Look at the Az Rules of civil procedure, and look at the laws that geared to the definition of hearsay. This will give you an idea of what can get thrown out. Q
  2. You really need to focus on the SJ, this would be my only focus right now, if it were mine. You can do all of your motions later but all your efforts needs to be concentrating on the SJ. You have already attacked them in your earlier posts. Your SJ response should be short, sweet, and too the point (Judges like this). You need to convince the Judge that there are disputes of material facts, and you need to prove it. Your proof is what they have submitted. Looking at your earlier posts, you have thing's to say. ... Make sure you have a sworn affidavit that is notarized stating that everything you are saying in your motion, and evidence is true and correct.
  3. You need to make sure you do a response for there MSJ. I would consider this most important. Just attack everything you can (like you did posting earlier). MTS is good and all but no matter what, you need to answer the MSJ. If you don't and you lose your MTS, you will lose. How long ago did they file the MSJ ? Q
  4. Where do you see that I put “neither deny or admit.” I simply denied I think what your lawyer may be talking about is a lot of people will answer admissions similar to: The Defendant lack information or knowledge to form an opinion to admit or deny.(or something to that effect) This is not an answer to an admission in my opinion. My answer to the same question would be : The Defendant lacks information or knowledge and therefor denies. (to me this is a deny) Q
  5. Just follow the same format that they gave you. There should be some good examples for them here on CIC, just do a search. Q
  6. Yes .. you can put either, the main thing is that you deny. Q
  7. this is fine and all .. but you are not admitting or denying anything .. if it were mine, Defendant has insufficient information to affirm or deny and therefore denies, and leaves it to the plaintiff to provide proof Q
  8. they still need an affidavit (or witness) from the OC to authenticate that the billing statements are accurate, and that they were sent to you. The JDB can't do this. they also need to prove that they have the legal right to sue you, which means they would need an affidavit (or witness) from company that owned the debt (the chain of custody). Most JBD's can't do any of this. The only thing I can see where the Judge says the statments are good enough, is he didn't take into account that's its not the OC as the Plaintiff. ... if you were to do an affidavit yourself, this should stop the Plaintiff in there tracks if they don't have one, or a witness. this is how I see it anyway. Q
  9. I will stick by that if you DV them, just pretend that you didn't when it comes to the court stuff. It wouldn't surprise me if they still continue, so you should still do the answer, and send them your rogs, and admittions if your court allowes them. Just because you may not be the party at interest dosn't mean you will automatically win, you can still get a judgment against you if you don't do things the right way. Q
  10. yes, the SOL is like paused once in court, if you can get dismissed it goes back to like the case was never in court. the SOL begins from the date you went into default (your last payment) Q
  11. Once you have a judgement they don't have to do anything (meaning no validation requirements)but try to collect and garnish. If you have any money in the bank I would think about taking it out before they do. Dave is right and you need to get copies of everthing from the court, and try to find things there to get it vacated (this might be hard beeing that you were served). Until you do this to try to find some amo there is not much you can do. if you want to go the FDCPA route you can sue the lawyer and/or Midland for contiuing collection after DV .. but there is a 1 year SOL on FDCPA .. (you may need to check your states laws they may be longer) Q
  12. Anything that you admit becomes fact, and they want you to prove there case for them. You have to answer them or they will be entered into the case as being admitted, and game over for you. This being said, I alway get abnesia (is that how you spell that) when I answer admissions, and aswer with Defendant lacks personal knowledge as to the facts of _____ and therefore denies. It's kind of confusing to me that they say Sears and Chase (and I'm the least sophisticated consumer). Q
  13. I can tell you, you may be waisting your time with a DV being that you are in court already. Have you ever lived at the address they are sending stuff too? Is where you are living now in the courts jurisdiction ? if not you can file a motion to dismiss challenging this. I would also go to the courthouse and get a copy of anything and everything in the file to see what exactly they have filed and go from there. Also how did they serve you? most states require that you be served in person, or someone of age that lives where you do. Q
  14. My guess would also be that Cap1 still owns it. You can DV the lawyer but many on this site would say it's a waiste of time considereing you are already in court. Under the FDCPA the lawyer would be considered a Debt collector, you can check your states laws regarding if it consideres a law firm a debt collector (some do and some don't). I am thinking if you DV them (like the summons says) that you can get them on FDCPA violations ... but you can expect they will continue with the suite, so do as BV states and get your answer in, this is very important, in fact right now it's the most important thing and you can't be late in doing this. Q
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