jdfkl

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About jdfkl

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    rocky mtns of -u-t-a-h-
  1. It looks like we might be discussing rule 26(a) in the scheduling conference -- including Initial Disclosures. I sent my initial disclosures off a couple of weeks ago. The plaintiff has never responded to mine -- and has never given me any of his.... even though the complaint was filed a few months ago. (Plaintiff's Initial Disclosures were due 14 days after I filed my answer.) I just filed a Motion to Preclude plaintiff's Initial Disclosures [based on rule 26(a)] -- but plaintiff has not had much time to reply yet. I feel like I had better object to any scheduling modifications under rule 26(a) that arise during the conference tomorrow --- but I need some valid grounds to do it upon..... .....any ideas?
  2. I have a Pretrial Scheduling Conference on the very-immediate horizon (u.t.a.h.). I want to be certain that I assert every procedural right I have, and will consult our Rules. However, I'm hoping to get tips, things to look out for, rights to preserve, etc.. (I'm not sure if I'm dealing with an OC or a JDB --- Plaintiff [CA] has said accounts were "assigned" to them --- but that could mean more than one thing?) Thank you!
  3. I am formulating questions for Admissions. In trying to determine how to formulate my questions, I pulled my credit report to ascertain if I am dealing with an OC or a JDB in this suit. In the report, the OC account is labeled as a "Charge Off". Further down the report, a local collection agency (B0nne*vlle) has taken charge of the account (which agency is the Named Plaintiff in my suit). Under the CA's data it includes the info: "Original Creditor: (Local Bank)". Given this info, I cannot decipher if the OC sold it to the small, local CA? Or if the CA is just handling the collections for the OC. (The CA has hired an out-of-house attorney.) Thoughts? Also, if there's a link to guide me through writing Admissions, I would be grateful if anyone could point me to it. Thank you! (I'm in U.t.a.h.)
  4. I would add too, a Motion for Continuance, based on your health issues. The court doesn't want you to lose based on the fact you lacked the physical or mental strength to defend yourself. The judge is interested in the merits -- the plaintiff doesn't care about your health, and may take advantage of it if they are aware that you are struggling. So Motion the Court on the issue. To be granted the motion, you may need to attach some documentation to prove it (medical records, a doctor's note....something). Use a sharpie pen to mark out things you want kept private. Request that your medical records are kept private from the court record. But if they refuse to so privatize, the sharpie pen will protect you. You want to be timely with your motion -- don't wait for them to file something first....because the calendar will favor their motion over yours. Once you file the motion, you can safely talk to their attorney about your situation -- since your motion is up and running already. As far as communication with the attorney goes, in person seems to be more friendly and APPEARS to be more workable. So that's helpful in terms of humanizing the case for them. However, I also like email conversations.... it creates a record of the conversations and the agreements. I have a special email account dedicated to attorney communications.
  5. The OC and I have a scheduled conference in a few days where the judge would like an update on a matter. However, I just received a hefty motion from the OC. I am concerned the OC would like to turn this upcoming conference into an opportunity to discuss the merits of their blindsiding motion. Based on the past, I would not be surprised if the judge would also like to discuss this new motion, as it is relevant to the topic we are planning to discuss anyway. (I have been denied responsive rights by this judge before -- who just wanted to make a decision right then, and did not want to give me time to document my arguments. I *barely* succeeded that time.) In order for me to submit a quality response on this new motion I really need the 13 days allowed by the rules -- which will end after the conference is over. Here is my quandary: How do I respectfully retain my rights to fully respond to the new motion while not angering the court?
  6. In my briefs explaining how my evidence supports my point, can I use the word "Prove"? Or am I out of line using that word? Do I have resort to weaker words like "show" or "support" ?
  7. @BTO429 Ok, I spent a couple of long afternoons at the law school library. With guidance from the help desk I found lots of useful material from the AmJur2d -- but not much specified in the state code (I did find plenty of case law that outline the parameters and elements I would need to include, however). In the end, I found the AmJur2d incredibly helpful; I am using it to guide my arguments. What I'm interested to know is to what degree do judges defer to the AmJur2d? Is it secondary to the state code? It is an excellent resource for condensing court reasoning. Thank you for the tip!
  8. Thanks @BTO429. I will try the library -- but I believe they are closed today. I have been trying to get the laws nailed down online in the meantime (like I said, I'm really running out of time....we have a court date on another matter coming up...which is basically my deadline). The U.tah Code government site is proving difficult for me to navigate. I'm getting zero responses when I search for "fraud upon the court" in quotes -- and then a half-million responses when I enter it without the quotes. If anyone has some research tips for me regarding any online findings, I sure could use them.
  9. I have a case that's been dragging along for a while. I'm at a do-or-die stage. The plaintiff is an OC -- and almost every filing they have submitted to the court has been fraudulent. The very-incriminating frauds are some re-dated pieces of evidence. Given all my counter-evidence, and a judge's glance at the ridiculous notary handwriting samples, I believe this will be easy to prove. (Plaintiff has filed other provable lies with the court as well.) I found an unpublished case in Florida between an OC and a defendant. "US B.a.n.k . v H.a.r.p.e.r" where the case was dismissed based on plaintiff's court-submitted fraudulent documents -- especially pointing out backdated evidence. Since then, I have found some other case law in higher courts: It appears that "fraud on the court" makes judges very angry. I'm still working on finding laws for my state (u.t.a.h). What are your thoughts on this kind of argument?
  10. Once an Answer is filed, does the judge review the Complaint and Answer to see if everything is line to move forward? Or does the Answer sit there unread unless a proceeding requires the Court to refer back to it? ...or.....?
  11. Thank you for all of your responses. A couple of factoids that play into this: A few loans have been already been paid in full to this credit union. However, a couple of credit extensions are the accounts in dispute at this time. Through deductive reasoning, it appears they are suing for the credit-extension accounts. However, plaintiff's attachments look like they would be relevant to the already-paid loans? And their complaint is very unclear as to which accounts they are pursuing specifically. I'm not sure if the plaintiff's attorney has a clear picture of the basis of their suit?
  12. The attachments are not signed agreements with details. The first attachment is signed -- but at closer investigation, it is a simply waiving a disability insurance policy attached to a loan. The doc is from the credit union and is titled "Open-End Plan Signatures". No loan or credit info is included. The policy was waived by signature. The second attachment is a blank Security Agreement form from the credit union. It includes no entered data specific to defendant whatsoever. No signatures. .... But the attorney did go to the trouble to circle the clause allowing for attorney's fees. Based on my limited experience, I am guessing this is not truly evidence of their claims. (?) Thanks for your responses! I have to get this wrapped up pretty quickly here
  13. I apologize for the abbreviated entry I'm about to make (internet company decided to update equipment right in the middle of my last response :/ and I'm running out of time now.) Thank you for the replies. I will look into "indebtedness" in u.t.a.h. I have never heard of it. @KentWA have you ever heard of this? The complaint begins with only this: "Comes now plaintiff and complains agaist defendant and for cause of action alleges as follows:" That's it. Then the complaint goes into the enumerated allegations I entered on my first post. It definitely appears they aren't stating their claim. (?)
  14. Just got served by plaintiff (B0nnev1lle -- as an assignee of a credit union). The complaint never states what they are bringing the action under -- only that it is an indebtedness. I'm not sure if there is a special way to respond to their complaint. I have written my answer to their allegations as follows -- any insights would be appreciated: COMPLAINT/ANSWER 1) Plaintiff is a licensed and bonded collection agency in full compliance with all laws and regulations. Response: Defendant lacks sufficient knowledge to admit or deny this assertion. 2) The amount in controversy is less than $xxxxx. Response: Deny. 3) Jurisdiction in (this) County is proper -- the defendant is residing in (this) County, State of U.t.a.h. Response: Admit. FIRST CAUSE OF ACTION 4) Plaintiff brings this action on behalf of the Plaintiff’s assignor, (credit union), the last charge date of xx-xx-xx. Response: Deny. 5) Defendant is indebted to Plaintiff for the sum of $xxxxx for valuable goods and /or services rendered plus pre-prejudgment interest to date of $xxx. Response: Deny. SECOND CAUSE OF ACTION 6) Plaintiff brings this action on behalf of the Plaintiff’s assignor, (credit union), the last charge date of xx-xx-xx. Response: Deny. 7) Defendant is indebted to Plaintiff for the sum of $xxxx for valuable goods and/or services rendered plus pre-judgment interest rate of $xxx. Response: Deny. 8) Defendant signed an agreement providing for the payment of a reasonable attorney’s fee in the event of suit and that the same is a reasonable attorney’s fee pursuant to Rule 73 (.d.) U-R-C-P or pursuant to the U.t.a.h. Code Annotated 78 B.5.825. RESPONSE: Deny. I apologize for any formatting snafu's. My answer is due very soon. Any insights would be appreciated! Thanks