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About notgoingdown1

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  1. Oh yeah, this has occurred to me, really I left that courtroom with the distinct impression that the judge fully expected me to appeal, he is the only judge in a large area, so I know he knows these cases but from What I've researched no one has really fought them this far in his courtroom. I see you are in Oklahoma, don't Suppose you have much appeal experience here?! Lol but I've got loads of other info if you need it.
  2. Okie dokie, well looks like I know where to read in the statutes now oh well I suppose you fine folks here at cic will help along the way screw em, Oklahoma needs some case precedent anyways!
  3. Court went well, They presented their motion, I argued bringing up all the key issues that created a material issue yada yada. I'll post my opposition shortly. The judge asked them to explain why my name wasn't referenced in the bills of sale. The lawyer went into this very boring explaination of the ins and outs of junk debt buying and how that's simply how its done etc. The judge ruled in their favor. As he did so, he told me how impressed he was will my filings and motions etc (THANKS TO CIC and then told me he didn't expect me to agree with his ruling. He spent the next 30 minutes explaining his ruling which basically boiled down to one thing "I'm going to take the counselor's word for it" So now I need to file an appeal. As of today the court can't find my transcript..... so i'm still waiting on that. I hate the OKRCP and I've been searching for Ok procedure for the appeals process but if some of you legal gurus could help point me in the right direction I'd be eternally grateful!!!!!
  4. It might help if you posted the MSJ (redacted of course with no personal info posting) so that others on this board can be more helpful.
  5. DEFENDANT’S SECOND SET OF REQUESTS FOR ADMISSIONS TO THE PLAINTIFF FAILURE TO TIMELY RESPOND TO REQUESTS FOR ADMISSIONS IN COMPLIANCE WITH (your state’s statute) SHALL RESULT IN EACH MATTER BEING ADMITTED BY YOU AND NOT SUBJECT TO FURTHER DISPUTE. COMES NOW, Defendant xxxxxxxxx, in pro se, pursuant to (your state’s statute), and submits the following Request for Admissions to the Plaintiff, JDB, by and through its attorneys XXXXXXXXXX, to be responded fully, separately, under oath and to be delivered to the Defendant within thirty (30) days from the date of service hereof. DEFINITIONS The following definitions are to be used in responding to the following Request for Admissions. A. "Plaintiff," means JDB, or any agent, employee, officer, director, or any other person acting on its behalf. B. “You” and “Your” means the Plaintiff. C. "Defendant" means, XXXXXXX, an individual. REQUESTS 1. Please admit that XXXXXX, is not the original creditor, which allegedly extended credit to the Defendant, which such extension of credit is the subject matter of this lawsuit against the Defendant. ANSWER: 2. Please admit that Plaintiff never sent any billing statements, in reference to the alleged account, which is the subject matter of this lawsuit, or demands to Defendant, prior to the date in which Plaintiff allegedly became the alleged successor in interest to XXXXXXXX. (this one is good to object to them trying to submit any statements) ANSWER: 3. Please admit that the Plaintiff allegedly purchases defaulted alleged debts and/or accounts as a regular course of business. ANSWER: 4. Please admit that XXXXXX is not an affiliate or subsidiary of OC. ANSWER: 5. Please admit that XXXX does not produce or originate any billing statement records on the behalf of XXXXXX ANSWER: 6. Please admit that the Plaintiff, at the time of the alleged default on the alleged account, which is the subject matter of this lawsuit, had no records in their possession and/or immediate custody and/or control with Defendant's name, address, phone number, or social security number on any such record. ANSWER: 7. Please admit that XXXXXX, at the time of the alleged default on the alleged account, which is the subject matter of this lawsuit, maintained no records that referenced the Defendant in any manner. ANSWER: 8. Please admit Plaintiff’s witness, XXXXXXX, has no personal, first hand knowledge of the record keeping procedures and/or practices of XXXXX OC. ANSWER: 9. Please admit XXXXXX who is the witness for XXXXXXX has no personal, first hand knowledge that Defendant allegedly defaulted on the alleged account and debt which is the subject matter of this lawsuit. ANSWER: 10. Please admit XXXXX, who is the witness for XXXXXX, does not have in their immediate possession or custody and control of all records pertaining to the alleged account and debt of the Defendant, which is the subject matter of this lawsuit. ANSWER: 11. Please admit XXXXX, who is the witness for XXXXXX, does not maintain all the alleged business records for the alleged account and alleged debt, which is the subject matter of this lawsuit. ANSWER: 12. Please admit XXXXXX, who is the witness for XXXX, is simply reading information off a computer screen that was electronically provided to XXXXXX by the alleged original creditor, XXXXXX ANSWER: 13. Please admit XXXXX, who is the witness for XXXXXX, is only advised of the alleged balance allegedly owed to the Plaintiff by the Defendant, and has no direct, personal, first hand knowledge of the alleged account and alleged debt. ANSWER: 14. Please admit XXXXX, who is the witness for XXXXXXX, is only able to testify in regards to the subject matter of this case, based on what somebody else advised them or what somebody else’s records indicate. ANSWER: 15. Please admit XXXXX, who is the witness for XXXXXXX, has no personal first hand knowledge if the information provided in the Defendant’s First Set of Discovery is in fact true and correct, only that XXXXXXXXX believes the information is true and correct because somebody else said so. ANSWER: 16. Please admit XXXXX, who is the witness for XXXXXX, can not attest to the authenticity of the alleged records, in the immediate possession and/or custody of XXXXX, that were allegedly provided to the Plaintiff by XXXXXX. and allegedly show that Defendant is legally indebted to Plaintiff in the amount of $XXXX. ANSWER: 17. Please admit all records allegedly held by XXXXXX, which allegedly prove Defendant is indebted to the Plaintiff, are not XXXXXX own business records which were originated by and kept in the regular course of business by XXXXX. ANSWER: 18. Please admit XXXXX allegedly bought Defendant's alleged defaulted account as part of a bulk sale transaction. Furious Angels ANSWER: 19. Please admit Plaintiff is aware that simply taking somebody's else alleged business records, in which Plaintiff had no personal first hand knowledge of their creation and their authenticity, and then putting those alleged business records into a file maintained by Plaintiff then referencing those records as Plaintiff’s own business records, does not overcome the business records exception to hearsay. ANSWER: 20. Please admit all of xxxxxxrecords, which allegedly show an obligation of the Defendant to xxxxxxx are inadmissible hearsay. ANSWER: 21. Please admit xxxxxxin the alleged purchase agreement with xxxxxx where XXXXX became the alleged successor in interest to XXXX for the alleged account which is the subject matter of this lawsuit, involved more than five thousand accounts and/or debts being transferred in the same transaction. ANSWER: 22. Please admit xxxxx, who is the witness for xxxxxx, if called to testify at trial against the Defendant, will be unable to testify as having any first hand knowledge as to the authenticity of the business records which xxxxxreferences from original creditor. (If you notice I've asked this question about five times and just changed up the wording, what you hope here is to catch them denying it one time and admitting it one time, the answer is freaking obvious and you don't need an admission to know the answer). ANSWER: 23. Please admit xxxxx, who is the witness for xxxxx, if called to testify at trial against the Defendant, will be unable to testify, by personal first hand knowledge, to the authenticity of any alleged contract, oral or written, entered into by the Defendant with xxxxx ANSWER: Respectfully, Defendant Dated this day of ____________________ CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Request for Admissions was mailed to Plaintiff’s attorney of record, the law offices of:
  6. hmmmm, could be unlimited then. I'll post those discovery questions and you can see if you want to use any of them.
  7. your state should have rules for civil procedure somewhere on the internet. In my state if I google oklahoma court records I find the link to the Oklahoma supreme court network, from there after a bit of searching I found my state's civil procedure, then you'll find discovery under that. The rule 56.01 looks like a good start but you need to know how many you can send. You need to have access to your state's RCP (RULES) if you plan on fighting this OMG that was just too easy haha, one search, first link:: Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts try this out.
  8. Have you used all your discovery? In my state you can send a total of 30 admins 30 rogs and 30 pod's , so what are your states rules? The reason I ask is because I have some I can post for you that coltfan helped create. As far as the admins I haven't answered I'll take a look tomorrow at work, basically from what I've learned you really want to get your objections in on anything to do with standing. Ive had two cases so far. In one they never even sent me discovery they dismissed with prejudice after missin their deadline to answer my discovery... The other one has been a little tougher.
  9. NEVER EVER EVER concede to Plaintiff's standing. Maybe I missed it, who is the Plaintiff? Please take my answers with a grain of salt, as I'm a newbie, I'm just practicing right now, but never ever concede standing to them. This is very similiar to how I answered my admissions in one of my cases. Have you sent discovery yet?
  10. I'm curious about this as well, I am over the three year SOL now, there is another lawsuit filed but not served yet floating around out there. With my answer I think I'll file a MTD for the three year SOL and we can see how that goes
  11. Has anyone ever told you that you have a way with words?!!! You just made my day AGAIN Coltfan
  12. That is what I have heard as well BV80 and Bruno. This okcdebtfighter has said that they successfully filed and won a motion to compel arbitration well into the litigation phase of the case (ie when the other side filed a MSJ) so I'd like to hear their full story, for entertainment value, and maybe it could be an ace.....