• Content Count

  • Joined

  • Last visited

Community Reputation

14 Good

About llamadown

  • Rank

Profile Fields

  • Location
  1. @Az Piano Lady 14 "Have you completed discovery and sent your disclosure statement" I don't expect to get that far into this case. It is not your average "we bought your debt, you owe us money" case. I'll share more once I file my answer.
  2. @debtzapper While I'm at the courthouse, you can bet I'll stop by the law library to find those! That being said, shouldn't all of this been codified, or is everyone working off of "close enough" standards... Because that would be weird for a system that insists upon regulation font size, margin size (left right top bottom) etc.
  3. I appreciate all of the participation, you are all great people for taking the time to answer questions! @Az Piano Lady 14 I thought I had found all of the documents in your thread, but I don't seem to have the affadavit. Can you link me to it? @debtzapper Where do I look in AZ Rules (or Federal Rules) for the Rules that guided the creation of that document? Is there some secret rule book out there that only lawyers get to read? For instance, I crafted the format for my "blank" template that I used for my answer from these rules: https://govt.westlaw.com/azrules/Document/NC9259780717411DAA16
  4. Howdy folks!Thanks for all of the input. @Az Piano Lady 14 I have a copy of the documents you provided in that thread (very kind of you to share) and I have a question or two about them. I see that in your Memorandum of Points and Authorities you have an (nicely worded) introductory statement also, in your statement of facts (which I notice is a separate document) that you have a "Conclusion" - I don't see were in the rules of court that comes from. Can you point me in the right direction? You have to format yours paragraph by paragraph responding to what they are saying in theirs. Yuck. I h
  5. I would like to solicit opinions/answers for a few questions I have about the form and substance an opposition for summary judgment should take and, if possible, get a pointer to the rules of court that your opinion is based on. If your opinion is based on practical experience, that's fine. This is Maricopa County Superior Court The action is civil First; are the Memorandum, statement of facts, and affidavit all one long document (using sequential page numbering) with headers (like this) MEMORANDUM OF POINTS AND AUTHORITIES 1 blah blah 2 More blah STATEMENT OF FACTS 1 blah 2 blah
  6. To be fair, I only sniped the very start of that law because it was the part I'm dealing with first. But oh yes my, it has been used as a loophole by some characters. My interpretation of the whole law was that it was designed to give the owner a "best chance" of getting the notice before any court action takes place.
  7. Oh yes, I lost. I never even got an objection to the MSJ in, and I was still reading the court rules trying to figure out what to do when the judgment was issued a week later. I looked at the cost for an appeal (bond for the amount ordered, filing fees in Superior Court, etc.) and the complete lack of record for any arguments to base the appeal on, and opted for calling the collection attorney to work out a deal. Which is why I now say; Beware the MSJ! It's a shortcut, and it has been my experience that it is a shortcut that gets jumped on when they are dealing with self represented defendan
  8. Thank-you for the reply, I felt a bit insecure about my take on the 30 day plus expansion (I've had a bad experience with MSJ and court rules). Your take on that snip of law is identical to mine, right down to a purchaser having reasons to cherry pick mailing addresses.
  9. It was a nightmare. It started in late 2011, but the MSJ "now you see it, now you don't, now you do again" was in February/March and it all ended in April of 2012. The MSJ was filed mid February, Judge did a minute entry stating that they had to wait for the pretrial conference. We had a pre-trial conference in March (early), and some of the usual shenanigans took place: Replacement Attorney, who was two hours late. Off to a conference room to talk it all over, he offered a 25% discount, told me I didn't have a case, we win all of the time, etc. Back in front of the judge, the oppositions
  10. I think I can add something of value here. Start preparing your objection to a motion for summary judgment now because they will file one the moment your answer hits the system. Also - beware the AZ Justice of the peace who issues a minute entry "baring" a Motion for Summary Judgement until the pretrial hearing - once that hearing is done they will allow the MSJ file date to refelect the date it was first entered (about 20 days before the hearing, leaving you with 8 to 10 days to get an objection together)
  11. Is it on my side? After looking over the rules for the Arizona Maricopa County Superior Court I have decided that I have 30 days to respond to a Motion For Summary Judgement. AND That's expanded by five days under Rule 5( c )(2)( C ) Am I right? Bonus question! When you read this: A. At least thirty days before filing an action to foreclose the right to redeem under this article, but not more than one hundred eighty days before such an action is commenced or may be commenced under section 42-18101 the purchaser shall send notice of intent to file the foreclosure action by certified mail t
  12. Sorry, I didn't make the fact that the letter was sent to Transunion clear. That was to get them to "investigate" the entry by Pioneer, and then delete it because it was way over the seven year limit.
  13. Update two, Transunion has concluded its investigation and the account has been deleted from my report (I verified that it is gone). Still, I'll be watching closely for the next few months as I've read here that sometimes the collection agency will re-report. Thanks for all of the help everyone.
  14. Kutuzov - Done. I'm keeping all of this (including conversations with the attorney) in its own folder.
  15. Just a fast update for anyone interested: I sent the following letter by united states postal service, certified mail with return receipt (green card), on September 20th... I am disputing the account being reported by Pioneer Credit Recovery, account number 5000081****. This disputed claim is over 11 years old. Please remove this item from my report immediately! Thank you. included in the letter, of course, was identifying information for the Transunion File Identification Number, Drivers License and Social Security numbers. The green card was returned to me on September 25th, with a stam