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 s
  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 xxxx
  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
  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!