jdfkl

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Everything posted by jdfkl

  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 r
  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 collect
  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 med
  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 giv
  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 t
  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
  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
  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.
  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 t
  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
  15. Leave for continuance to submit untimely evidence --- because I have objected the heck out them, and have motioned to preclude.
  16. Can I object to an Opponent's Req for Leave? Of can I voice my opinion about how the request is improper?
  17. A JDB recently set forth a self-serving version of an agreement (it's not the correct one, but has terms the JDB wants). At the bottom of the agreement copy a JDB-underling hand wrote the phrase: "Copy Redacted by Employee of Fritz Law Firm". It does not appear as though any information was actually redacted from the agreement text nor personal information. Is the above handwritten statement a disclosure required by the courts --- but should set off red flags for the Defendant? For instance, could I object to the copy based on rules of evidence, and the fact that the JDB has no per
  18. OC Chartered in another state. ND. I'm not sure of the borrowing statute?
  19. @BV80, I hear you! Everything I'm supplying are things I'm gathering through online research
  20. Yes, I'm well aware of this quandary, debtzapper. I'm hoping I have found the correct Statutes to argue otherwise. :/
  21. BV80, I believe I may have just the thing! At least I hope I do: It's a 2008 amendment to part of the agreement ---- which, based on their "Entire Agreement" Clause, the 2007 Agreement would have been updated in 2008. My biggest setback at this moment is that the OC keeps an ironclad grip on their agreement versions. The only ones I can find are the ones posted by individuals :/
  22. Just received this, DonqIII, sorry The agreement I submitted was for 2009. However, the JDB has even been fighting me on this issue: why is Defendant is hung up on the 2009 date?.....Touche', JDB: I never should have asserted 2009. My error. So, instead of promoting my 2009 date, I have turned my focus to their 2007 date. These guys are going to A LOT of work in order to avoid Jams.
  23. Sorry, BV80 No proof of last payment has been provided. JDB attached nothing to complaint. Nor did they mention payment dates in their complaint. At the action's outset, I motioned for arbitration with Jams using an agreement I found online. JDB did not have an alternate agreement handy to oppose my motion, and I won. Now, late in the game, they are bringing an outdated, Bogus agreement solely for the purposes of getting out of Jams --- shooting themselves in the foot (I'm not sure they've done the math.). To support their Bogus 2007 Agreement, JDB is also citing an
  24. We are in court. SOL on credit cards here is 4 years, so anything complaints citing a date before 2008 would have been out of SOL.