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Azneedshelp

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  1. Day 40 falls on Saturday, which is the day we leave for vacation. So, I would file the MTC the day before on Friday. Then the Plaintiff would have 10 business days to respond to the Motion. Or, I could have it all ready and file it on the day we get back. But then the judge wouldn't even see it until 4 days before trial is set. Do you know if Arizona has a cut off as to how many days prior to trial one can file a motion? Thanks so much for your help.
  2. Thank you. It has been a little over 2 years. I wonder approx how long OC's tend to hold on to their files? You would think once they sell off accounts they would no longer keep any of the records attached to those accounts. I agree that filing the MTC right on day 40 wouldn't be the best decision. But if I wait till I get back, there will only be 14 days left before trial. And the clerk told me that a motions are not set before the judge until 10 business days have passed...which would mean, he wouldn't even see it till 4 days before trial. I have been reading and re-reading the azrcp's and can't find what I am looking for concerning how many days before trial can a Motion be filed.
  3. I have the 1st good faith reminder letter all typed up and ready to take to the post office to mail to the Plaintiff's attorney. I decided to call the court and see if anything further has been filed on my case before mailing it out. I was told that a subpoena was filed recently. I asked who the subpoena was sent to and the girl sighed and said "well I would have to go pull your file to tell you that". I asked her if she wouldn't mind doing that for me. She sighed again and said "yea...hold on" She told me that the Subpoena was sent to the OC named in the case for records. This is bad right? If they get their hands on payment records, they would be able to get my bank account info. Should I close my bank account or am I thinking much to prematurely?
  4. -------------------------------------------------------------------------------- Hi guys. Ok, so here's where I am at right now... I sent the Plaintiff's attorney my Discovery requests...rogs, req for admissions, and req for docs. It has been 30 days since they recieved them. In Az you are allowed 40 days to answer discovery. I have recieved nothing back from them. Not even their discovery requests for me to answer. The trial date has been set for third week in Sept. Here is my dilemma...I am leaving out of State the day that the 40 days are up for them to answer my discovery. I will be gone for 10 days and by the time I get back, there will be less than 2 weeks left before the trial. Since they are not answering my discovery, I am thinking that I should send them a couple good faith reminder letters, and also a few phone call messages. I'll send one out today and make a call, and then I will send one out next week and make a second call. In the second letter I will also let them know that If I don't get it back by the 40th day, I will be filing a Motion to compel discovery with sanctions. I just wanted to see if you all think I am headed in the right direction here. I am sure I will not recieve anything back from them by the end of the 40 days. So then should I go ahead and file a MTC discovery with Sanctions with the court and mail them a copy? I will plan on doing this the day before I head out of town. In Arizona, a person has 20 days to respond to a Motion before the Judge even sees it. So by the time these 20 days pass, there will only be 4 days left before trial. I am just not sure if the next moves I am planning are the correct ones I shoud be taking. I hope someone can help in this matter.
  5. Edited. Sorry, I put my question in the first thread I started..."Being sued in Arizona by a junk debt buyer" So that everything is in one place.
  6. Thanks, I'm sure you understand completely. I have been consumed with this whole thing since being served. Like a black cloud is over my head following me everywhere I go. I can't wait to get back to my normal happy self. I'm sure many folks reading this feels this way going through this for the first time. Anyway, for a little while, I can relax and try to enjoy life again while waiting for the Plantiff's next move. I sent out my Discovery to them this afternoon, so I guess the ball is in their court now? I called the Court and asked about the timeline of Motions that would be filed and she said that I should be fine going ahead with my vacation. That once a Motion is filed with the Court, the other party has 20 days to respond(10 business days plus an extra 5 grace days). She told me I might want to call every couple weeks to see if any Motions have been filed right up until I leave. And even if they file one the day I leave, I will still have a few days to respond once I get back. So, I feel better regarding this now. Phew, I think I have aged 10 years since this all started..
  7. Yes, it looks like it is normal procedure in Az also. So if my trial date is set for the third week in Sept, am I correct in thinking that if a Motion is filed by the Plaintiff, there will be a hearing set at an earlier time? Not sure if my question is making sense. The reason I'm so concerned is that I am going to be on vacation for the two weeks right before my trial date and am so worried that a different hearing will be set during the time I'm away. Or the Plaintiff will file a Motion that I will need to respond to. I feel like just canceling our vacation, but we have had it planned for a year.
  8. I doubt that will happen, but you never know. Ok, so I have my Discovery all ready to go out to the Plaintiff's Attorney. Will be heading out to the post office shortly. Thanks for your help and advise. I keep reading where other's have pre-trial meetings ect. In my case, the actual trial was the first thing set. Is this normal?
  9. Oh ok, thanks for clarifying that for me. I don't know why I thought I was supposed to send them the original (the one with the certificate of service with original signatures). The Clerk I talked to today mentioned me sending them something informing them of what papers I send to the Plaintiff. Would this just be a paper typed up stating that I sent out Iterrogatories, request for admissions, and request for documents on such and such date? This is what I'm thinking...correct me if I'm wrong.
  10. Hi guys, I have my Discovery for the Plaintiff written up and ready to go. I have a cpl questions on the proper way to send them. I am going to be sending these to the Plaintiff's attorney by CMRRR. Do I send them the original plus one copy along with a postage paid return envelope included? Thanks for your help. I want to get these out as soon as the post office opens up tomorrow morning.
  11. I included these types of admissions because in case they don't get their answers back to me in time, they will all be deemed admitted. That's what I'm hoping for anyways.
  12. Yes I noticed number 13 was a duplicate when I was proof reading. I deleted it. Thanks for catching that also. Do I sent the Plaintiff's Attorneys the original and also a copy? And do I send them a postage paid envelope to mail them back to me?
  13. How does this sound for a 10th request for Doc.. 10. Identify each Credit Reporting Agency (credit bureau) to which the Plaintiff reported defendant’s debt and the dates of each such report. Would this be important for me to know?
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