ausag

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About ausag

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  1. I'm in my second pretrial hearing with Midland Funding. I submitted several motions to strike(preclude) for evidence that they submitted during discovery. This was mostly affidavits, Bill of Sales, and statements. In this next hearing, since the lawyers have had plenty of time to review the motions, can I ask the judge to rule on them during this next pretrial hearing? Or is that strictly reserved when/if we go to trial? Thanks for any help some can provide.
  2. Well, I received the hearing notice in the mail this past week and I'm scheduled for a pre-trial hearing on the 26th of September. Here's a little background to my case: http://www.creditinfocenter.com/forums/there-lawyer-house/309008-stuck-what-do-next-being-sued-midland-texas.html What should I do now? I really want to make sure I'm prepared to do everything possible to win this thing, and defend myself properly. Is there something I can do to try and get this thing thrown out before it goes to trial? I did end up submitting motions to strike both affidavits and the bill of sale. I also submitted a motion to compel production. One of things I'm worried about is that they have copies of statements of my account. How do I defends those? Any other help would be appreciated. I really want this to be a success story!
  3. I'm still looking for a good write up, that applies for me (State of Texas), for the preclude of the Bill of Sale and the second affidavit. Links/thoughts?
  4. S2tink, Here is my response to disclosure. It wasn't the best, but probably will suffice. I wasn't quite sure how to word my response to ©. That was mainly my only concern. xxxxxxx § WILLIAMSON COUNTY, TEXAS Defendant(s) RESPONSES TO PLAINTIFF’S REQUEST FOR DISCLOSURE COMES NOW, xxxxxxxx, Defendant in the above styled and numbered cause, and responds to Plaintiff’s Request for Disclosure, pursuant to Tex. R.Civ.P. 194.2(a)-(f), (i), and (l). (a) The correct names of the parties to the lawsuit RESPONSE: Midland Funding LLC assignee of CITIBANK USA, N.A., Plaintiff as named and xxxxxxxx, Defendant as named. ( The name, address, and telephone number of any potential parties RESPONSE: xxxxxxxx Your Address (123) 456-7890 © The legal theories and, in general, the factual bases of the responding party’s claims or defenses RESPONSE: Defendant has denied the allegations raised in Plaintiff’s lawsuit. Defendant disputes the alleged debt, and lacks sufficient information or knowledge from which to form an opinion as to the truth of the allegations. Based on lack of information, Defendant denies the allegations and leaves the Plaintiff to provide proof. (d) The amount and any method of calculating economic damages RESPONSE: none at this time (e) The name address, and telephone number of persons having knowledge of relevant facts, and a brief statement of each identified person’s connection with the case RESPONSE: none at this time (f) For any testifying expert: (1) The expert’s name, address, and telephone number RESPONSE: none at this time (2) The subject matter on which the expert will testify RESPONSE: none at this time (3) The general substance of the expert’s mental impressions and opinions and a brief summary of the basis for them, or if the expert is not retained by, employed by, or otherwise subject to the control of the responding party, documents reflecting such information RESPONSE: none at this time (4) If the expert is retained by, employed by, or otherwise subject to the control of the responding party: (A) all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the expert’s testimony RESPONSE: none at this time ( the expert’s current resume and bibliography RESPONSE: none at this time (i) any witness statements described in Rule 192.3 (h) RESPONSE: none at this time (l) the name, address, and telephone number of any person who may be designated as a responsible third party RESPONSE: none at this time Defendant reserves the right to amend any answers set forth, at a later time, if needed. CERTIFICATE OF SERVICE FURTHERMORE, I do hereby certify that I will mail a true and correct copy of this Response to Plaintiff’s Request for Disclosures to the Plaintiff on the ¬¬¬______ day of ______________________, 2011. Signed: ______________________________________ Defendant/Pro Se Name _____________________________________ Address _____________________________________ City _________ State _____ Zip Code _______ Phone# _____________________________________
  5. BV80, I was not concerned about that affidavit. It was the one submitted through discovery that worried me. Check out plaintiff_written_discovery 19.jpg.
  6. How do this sound? Cause No. xxxxxxx MIDLAND FUNDING LLC § IN THE JUSTICE COURT OF assignee of CITIBANK USA, N.A, Plaintiff VS § PRECINCT 1 PLACE1 xxxxxxxx § WILLIAMSON COUNTY, TEXAS Defendant(s) DEFENDANT’S FIRST MOTION TO COMPEL PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF COMES NOW Defendant, xxxxxxxx, and moves this Court for an Order to compel production by plaintiff in the above-styled matter. In support of this Motion, defendant states as follows. 1. On June 13, 2011, defendant served his First Set of Interrogatories to Plaintiff. A copy of these Interrogatories is attached as Exhibit A. 2. On June 13, 2011, defendant served his First Request for Production to Plaintiff. A copy of this Request is attached as Exhibit B. 3. Plaintiff responded to Defendant’s discovery requests on July 12, 2011. Plaintiff has asserted various privileges or objections to providing the discovery requested (See Exhibit C and D). These objections are improper, and plaintiff should be compelled to produce complete responses without objection within ten (10) days from the date of this Motion, or that Plaintiff’s Petition against Defendant be dismissed without prejudice. Respectfully submitted, _______________________ xxxxxxx CERTIFICATE OF SERVICE FURTHERMORE, I do hereby certify that I will mail a true and correct copy of this Motion to Compel Production to the Plaintiff on the ¬¬¬______ day of ______________________, 2011. Signed: ______________________________________ Defendant/Pro Se Name _____________________________________ Address _____________________________________ City _________ State _____ Zip Code _______ Phone# _____________________________________
  7. Thanks! I guess I can just include my motion to preclude the affidavit in my motion to compel?
  8. Thank you 1stStep for quick replies! In regards to your first reply about filing a motion to preclude the affidavit as being hearsay, is there a good template to follow for that? Secondly, they did submit a copy of a bill of sale. You will find in plaintiff_written_discovery 21.jpg on my last post. Is that valid? Lastly, what about submitting a 2nd request for production? Can I just resend what I sent before as they just objected to everything? Thank you for taking the time to read and reply!