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About uu2sing

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  1. Just want to cover my bases on potential reversals. CA's can have a whole lot more in their bag of tricks than a Pro Se. Need all the help that I can get. Unless I learn differently by tomorrow, I will proceed with agreement. Again, thanks to all.
  2. Thanks to all for the kudo's, congratulations and encouragement from all. As I alluded to in my post, "Is there a GOTCHA" underlying the offer?" Two things bother me about the 'offer' for stipulation of dismissal. ("IT IS FURTHER STIPULATED,that all claims and counterclaims, present or future, asserted or unasserted, relating to the loan transaction which is the subject of the above-captioned action, are hereby dismissed with prejudice.") Looks good on the surface, however, this bothers me; "the loan transaction which is the subject of the above-captioned action" Could this be a trap to ha
  3. Gotta be a Gotcha here. Since this is an offer to me, neither original or copy was signed by them. Shouldn't they have been signed, prior to my returning an original to them signed by me, for filing with the court? I had not filed a counter complaint (but left it open in my answer to the complaint). Have not looked for violations as yet, such as, filing a lawsuit without any proof or any other potential violations. I answered their A&R, however they have not answered my request for A&R and Docs. I, also, filed a motion objecting to their filing for MSJ. This was primarily based o
  4. Sure. Gonna cost ya! Think I didn't learn anything from those CA's, JDB's and attorneys??? Now, if I can just learn from the forum how to get them to give me a "No Cost" waiver.
  5. Thank you. Reason for the thanks is because it's original. BUT, you have my permission to use it. (I won't accuse you of "plagerism". That is, UNTIL I GET IT COPYRIGHTED!!! (LOL)
  6. Understand and agree. It's how the game is played. It's just so %^*#$% frustrating to me as well as to others, I'm sure, that Plaintiff makes allegations that you have to provide proof to prove their case and they ignore or sidestep requests for same from Defendant. The problem is that "The proof is in the puddin'" and they haven't provided the "Puddin'"!!! Back at you later with update. Thanks.
  7. Guess I'll find out tomorrow what the relevance is to the Admissions omission. (Sounds like some parts of a car - Admissions... Omission... Emissions... Transmission... LOL). Not sure what you are referring to about the "evidence purchased and proof they are willing to supply? I submitted an "Opposition to Plaintiffs SJ" and my Affidavit which will be included in the judge's packet, according to the clerk. It addresses the comments you asked about.... "Just be sure to point out any lack of evidence on their part. Chain of ownership? Bill of Sale doesn't reference your name or account nu
  8. Yes BV80, it is. I don't know the reason, either. Unless it's because they have enough to defend against my answers to complaint and the delay in receiving the discovery. If it was because of the delay, why wasn't it enough to file for default judgment instead of summary judgment? Oh well, just have to see tomorrow. BTW - Oversight not withstanding, this law office handles hundreds of cases and I don't think they are that sloppy.
  9. (Continued) My Interrogatories answers: 1.Identify the person answering these interrogatories, also giving your education, occupation and place of employment. INTERROGATORY ONE: Defendant, XXX School , Hard worker 2.Identify (as hereinabove defined) and state the occupation and relationship to the parties to this action of each person who has knowledge whatsoever, which is material and relevant, or which pertains in any way to the subject matter of this law suit, summarizing the substance of the knowledge of any such individual. INTERROGATORY TWO: The Defendant is the only party to thi
  10. BV80 and Coltsfan1772 -- I plan on addressing the Discovery not completed yet at the hearing. Thanks for your comments. This is going to be tenuous at best. Do not have an affidavit, if needed, addressing the SJ as yet. (Suggestions, anyone?) UPDATE TODAY Received letter today from attorney acknowledging receipt of Interrogatories that they filed a motion to compel for at the hearing this Thursday. I sent both Interrogatories and Admissions at the same time. Question – What purpose would be served by only acknowledging Rogs and not Admissions, other than the Admissions are going to be
  11. This is the content for the SJ Motion ( with some minor condensing) ******************** PLAINTIFF'S MOTION FOR SUMMARY JUDGEMENT 1.(Statement complaint filed) 2.Defendant served. 3.Defendant filed answer. 4.The only issues in dispute remaining after filing the complaint and answer are the issues of payment and amount due under the subject agreement. 5.The Plaintiff's affidavit is attached hereto in support of the amount due at the time of defendant's default. (* These items are stated in the affidavit) 6.Rule 56© provides that summary judgment: shall be rendered forthwith if the pleadings, d
  12. The reason for the post was to draw attention to Parts 1. and 2. , not Part 3. MTC. These other parts are more detailed in their requirements for the Complaint . I just clipped an excerpt from the directive as being the most descriptive. Here is the URL to the CCP directive in toto. (If I am able to post URL's. If not, I will PM the pdf file to you.) http://courts.delaware.gov/commonpleas/docs/AD2011-1ConsumerDebt0.pdf Thanks for the replies.
  13. Sorry. Don't understand what you mean by the bold portion. Also, what is the connection to MTC?
  14. Looks like Delaware is getting tough on Ca's and JDB's, unless I'm misreading the directive just handed down. Effective date is July 1, 2011. Wish it was retroactive, though. Stricter requirements for filing complaint. 1. Pleading Requirements For Complaints In Consumer Loan or Credit Card Debt Collection Actions: In any cause of action initiated in a consumer loan or credit card debt collection action, the following information shall be set forth with specificity by the plaintiff/creditor: a. the caption shall name both the original creditor and the current assignee; b. the name of the o
  15. JDB (Midland Funding LLC) sent what I’m sure is a ROBO affidavit. At least it has all the earmarks from what I have read on other posts. Need to file a MTS tomorrow to beat the time frame for filing. Hearing next week. Would like help with content for the motion to defend against MSJ which will be heard. The OC agreement they sent is a copy (poor!) with a type size so small only an ant could read it. Their claim in the complaint is that I “entered in to an agreement with the OC”, which I denied in the answers to the complaint and also in the Admissions and Interrogatories. These are the