tangle

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Everything posted by tangle

  1. I'm very interested to follow this because I'm in the same boat in another county. The Note of Issue for my case was supposed to be filed on 9/1.
  2. The rules for discovery in the link Shellie gave you in #16 are for Western NY, not NYC. You need to follow the rules for NYC if you are in Queens.
  3. This has been going on for three years for me. I haven't ever talked to them and I really can't tell you anything about garnishment or settling. Everyone's situation is different and you have to do what's best for you. I decided to fight them a long time ago. I defeated their MSJ eighteen months ago. I just don't want to make it easy for them to take money the way they do from so many.
  4. I just recently had mine by telephone with the judge and the lawyer. The big push was for me to settle. I didn't but it was very intimidating to stand my ground.
  5. I just found out at the end of last week that my preliminary conference is finally here and will be by telephone Wednesday morning. Before that, I need to send a copy of all pleadings to the court. It says I may also submit a short description of the facts and the parties contention. I'm just not sure exactly what they want when they say pleadings and in what form that should be. I only have until tomorrow night to work on this so I can get it to the court Tuesday morning. I've been searching all weekend and just can't find anything helpful for this.
  6. I'll be at work all day so won't be back on until tonight. All help welcome.
  7. It's been almost 18 months since I defeated the MSJ in my case. This week I got a call from the judge's clerk that they needed to schedule a pretrial conference for next Wednesday, March 5, over the telephone. She said she would be sending me a confirmation letter. I finally received it and it says I need to submit all pleadings to the court before the conference. It also says I can send in a summary of the case if I want to. My understanding of pleadings is anything that I've already filed with the court (answer to summons and opposition to MSJ)? Am I right in this? Not sure why I need to resend this when they already have it? Any clue of how I would summarize the case? I'm hoping I can submit these electronically. She told me the phone conference wouldn't be more than 15 minutes. I don't want to say anything wrong. Reading up on the judge (who seemed very fair at the MSJ hearing), they say he is known for encouraging settlement. I don't want to get on his wrong side but I don't want to settle either, especially since they have nothing and the judge recognized this and told the rent a lawyer that at the hearing. I'm not good with speaking and thinking fast when in this type of situation. I'm just really nervous and need some pointers of what I should say and what I shouldn't say during this phone call.
  8. Yes, Byegone I check online everyday. I sent you my Opposition back in September:)
  9. Along theses lines, I defeated Midland's MSJ exactly one month ago. I haven't heard or received anything. Everyone says Midland will dismiss, but when and how?
  10. It does feel great but this wasn't something I talked to anyone but my husband about so I've had to contain my excitement and I just want to shout it to the world. I beat a law firm at their own game. Everything you guys have been saying works. I've been such a nervous mess over this for over a year. This site and all the wonderful helpers is what got me through this. I didn't post much but read and read so I could understand as much as possible I didn't do everything perfectly either. In hind sight, I now know what I could have done better from the beginning. Thanks again! I'm still a little on edge though until I see the dismissal.
  11. BMF To answer your question about the affidavit where the signatures didn't match. I used it in my opposition to the plaintiff's motion for summary judgement. I had several other things that were wrong with their evidence and this was just a little something extra that I threw in my opposition in hopes that the judge would take notice of the whole mess of what they were basing their case on. I wouldn't use it as my only reason because of needing experts to prove it.
  12. So here's how court went this morning. We were waiting in the court room and I was looking around trying to figure out which was the plaintiff's lawyer. Just before the judge came in a lawyer came in and sat a few seats down from us and I could see the law firms name on the folder he had. The judge came in and and called through the list to see who was there. He called our case and we both stood up. The lawyer sat back down and pulled out the papers and started reading them. I was watching him and when he got to my opposition I could see his expression start to sink. He looked mad. When we were called up the judge asked our names and he tried joked with the judge how he was there for the law firm for a couple days of cases. One of the things I had brought up in opposition was the fact that the signature on the affiants affadavit was different from ones I had found online from other cases for the same person. They were obviously different. I had attached them. He proceeded to tell the judge he didn't think the signatures were too different and then he went on to say that I never questioned whether the account was mine or not. Then the judge went on to say that it was the plaintiff's job to prove that and that there was no way for me to know and make that assumption because there was too much missing in their evidence. He then took out some papers and he had made a bench decision before court and handed us his decision to not grant their MSJ. He then asked if a conference would help and I said only if he has a signed contract. The judge smiled and said OK. The lawyer flew out of the courtroom and I smiled my way out also. I didn't have to say a word. I'm not sure what happens now because this judge said that if any of today's case had issue that the trial would be in 2 weeks. Thank you again to all that have helped me through this
  13. So here's how court went this morning. We were waiting in the court room and I was looking around trying to figure out which was the plaintiff's lawyer. Just before the judge came in a lawyer came in and sat a few seats down from us and I could see the law firms name on the folder he had. The judge came in and and called through the list to see who was there. He called our case and we both stood up. The lawyer sat back down and pulled out the papers and started reading them. I was watching him and when he got to my opposition I could see his expression start to sink. He looked mad. When we were called up the judge asked our names and he tried joked with the judge how he was there for the law firm for a couple days of cases. One of the things I had brought up in opposition was the fact that the signature on the affiants affadavit was different from ones I had found online from other cases for the same person. They were obviously different. I had attached them. He proceeded to tell the judge he didn't think the signatures were too different and then he went on to say that I never questioned whether the account was mine or not. Then the judge went on to say that it was the plaintiff's job to prove that and that there was no way for me to know and make that assumption because there was too much missing in their evidence. He then took out some papers and he had made a bench decision before court and handed us his decision to not grant their MSJ. He then asked if a conference would help and I said only if he has a signed contract. The judge smiled and said OK. The lawyer flew out of the courtroom and I smiled my way out also. I didn't have to say a word. I'm not sure what happens now because this judge said that if any of today's case had issue that the trial would be in 2 weeks. Thank you again to all that have helped me through this:)
  14. I just got back from court and I DEFEATED Midland's motion for MSJ!!!!! I didn't even have to say a word. First off I need to hug and kiss and THANK BV80, Legaleagle, Coltfan, and usctrojanalum and everyone else on this forum. This wouldn't have happened without you all. I will be back later to update.
  15. So I went to court today. They called my name second and when I stood up the judge said that I hadn't opposed the motion. I told him that I had and that I filed it last week. He asked me where and when I told him, he said I had done the right thing. They had told the plaintiff's lawyer that I hadn't opposed and told them not to come. (The lawyer's received my opposition last Monday) Anyway, they took down my contact information and then postponed it until September. So anyways, a little more time to study up and get more organized.
  16. At court tomorrow for the MSJ. Just noticed that No Oral Argument was on the MSJ. From what I've read, I should get 30 minutes to talk. Anyone been through this and know anything that will help me? Please don't force me to start a new thread...
  17. So I turned in my opposition for the plaintiff's motion for summary judgement last week. I have to be in court for it on Friday morning. I'm pulling everything together and made copies of all of the case law I used in my opposition so I can study it. Any tips on what to expect at this or anything to calm my nerves is most welcome.
  18. BTO249 they did state some case law in the MSJ. Do I need to address it in my opposition? I need to finish this tonight.
  19. I found another one too. Different banks that she is an expert at.
  20. I just found a copy of an Affidavit of Facts with the same person (Shannon McClellan) with a different signature that was notorized!!!! Can I attached it to my opposition to MSJ?