ready2win

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About ready2win

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  1. Thanks so much! It's always nice to know that the military family is there to help. I've already talked to my husband about getting a letter from the CO to include with the motion.
  2. So, I decided to call an attorney so I searched for one through the National Association of Consumer Advocates. He was extremely helpful and looked through his files for a case that he worked on a few years ago to get me an answer about the SCRA. He told me to file a motion to stay the action (per section 202, app. 522) and that I should make the plaintiff wait as long as possible because at the very least it would give us time to save money to pay them off (I'd much rather have a dismissal of course) and at best they'd get tired of waiting and just drop it. He also led me to the section
  3. Thanks for that info. I don't know why I didn't think of the SCRA. I took a cursory look at some info on military.com and it basically said that the request for a stay would have to come from my husband's CO. The site also mentioned that it's a tricky area and best to have our civilian attorney (the one that we don't have yet) speak to a Military Legal Assistance Attorney. It's definitely not something that I'd delve into on my own. Thanks for the additional info. I think that I'll take a day or two to make some calls, do some research, and look at all of our options. I'll update the t
  4. Thanks for the insight and for looking into the rosenthal violation. My husband's situation may be a bit of an oddity because he's in the Reserves but as soon as he starts these orders he'll be active duty for the better part of two years. I'm not sure if that makes a difference in terms of the plaintiff's attorney having committed a violation.
  5. I saw another post about this but would like a bit more information. I'm in California and my husband has been sued by a JDB. Since I tend to be the researcher of the family, I've been doing all of the work on the suit. We've responded to the summons, sent out a request for a bill of particulars (which received basically a non-response) and followed up with our interrogatories, request for admissions and request for documents. The case management conference is scheduled for late May but my husband won't be here. He'll be away from home on military orders and I'll have full power of attor
  6. Sorry, didn't mean to hijack the thread. After reading it, logically I saw that my issue is pretty much the same. Even so, I still ended up wondering if there was any language in the response that would somehow come back and bite me. I'll use the info that you both gave to Varesa01 and move ahead with the meet and confer. Thanks!
  7. Thanks calawyer. This is exactly what I was looking for also. I have one more question though. I sent a BOP and received what I believe to be an insufficient response and want to make sure that I should move forward with the meet and confer process that you mentioned in your post. I apologize for asking again but I want to be really sure that I'm doing the right thing. My BOP requested: An agreement and/or contract of said account. Proof that the plaintiff owns such account. The specific items for which payment is demanded. Date of each item, transaction or service. The specific charges