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Everything posted by jdfkl

  1. JDB, in an attempt to get out of JAMS, presented a 2007 agreement that does not name JAMS specifically. JDB has had multiple opportunities to concede to Jams, but keeps taking it up a notch in order to get the judge to side with them. The latest is JDB references the OC's affidavit (which JDB has forgotten they have never filed with the court). So JDB wants to avow that 2007 is the correct Agreement. However, credit cards update their agreement annually: This means that any versions beyond 2007 would not apply (and that account activity would have necessarily ended in 2007 to make JD
  2. I'm up against a JDB, who is using Rule60(6) to try to get our Stay Order changed to an undesirable arbitration forum. The Stay has been in effect a few months... I'm guessing Rule 7 isn't going to function for me right now... Since the case is stayed, are there any other remedies available to me where I'm allowed to get the judge's attention during a Stay? Thank you state: *u*t*a*h*
  3. I'm up against a JDB, who is using Rule60(6) to try to get our Stay Order changed to an undesirable arbitration forum. The Stay has been in effect a few months... I'm guessing Rule 7 isn't going to function for me right now... Since the case is stayed, are there any other remedies available to me where I'm allowed to get the judge's attention during a Stay? Thank you state: *u*t*a*h*
  4. Also, thank you for the insight. So can I paraphrase in front of the quote to show how the citation relates to my case, then use the direct quote behind it? The last thing I want to do is discredit the work I have done; but my fear is that unless I point out how the two cases go hand in hand, the judge might not make the inference himself? (I'm concerned. yikes.) Thanks!
  5. Thank you for these links. I am having a hard time getting them to connect, though Any tips in that regard? http://goo.gl/. http://www.creditinf...h/#entry1262953 (entry 1262953) http://goo.gl/BWL09G
  6. In quoting precedents in my briefs, are there any general guidelines I need to know or be warned about? For example, in reading case law I find quotes adjusted by the courts: "The rules indicate a plaintiff must....(2) prove an indignity, (3) show a liability....(6) eat chicken for lunch....." see Big JDB v Underdog, District Court, 2011. As a Defendant, am I allowed the same kind of latitude to "...." to condense a quote to include only the essential elements for my case? Or if I tweak a quote at all, will my quote be stricken, overlooked, or otherwise? Am I allowed to
  7. In preparation for a hearing on a motion, I have rounded up a new series of case law to support my oral arguments. Do I need to prepare a table of authorities to give to the judge during the hearing? Or just reference them while I speak?
  8. My spouse and I are co-defendants in an upcoming hearing on a motion. Are both of us afforded the opportunity to each address the court individually? Or does one of us do all the talking for the group?
  9. It is a motion to lift a stay. JDB is trying to get out of J@ms forum.
  10. I'm preparing for a hearing on a motion. In order to give my oral arguments strength I want to include case law. However, in the hearings on motions I've attended in the past, no one has ever used case law --- as the setting is somewhat informal, and more of a back-and-forth banter. Can anyone give me some tips on interjecting case law in a way that solidifies my argument, while remaining appropriate to the tone of an informal hearing? Thank you!
  11. I have a hearing coming up and I could use some insights or strategic help. (U.t.a.h.) The hearing is on a JDB’s attempt to lift a stay for arb. (I didn’t want the hearing as I think I would have won based on the filings. [My experience in hearings has been the writings go to the backburner, and the opposition redirects and distracts the judge with different topics. So I’m a little nervous about this.]) However, with a little help, I could turn this disadvantage of redirection into a strength J that’s where I need you. Case history: The case on a (2011) claim has been ordered int
  12. A Motion for Leave to Amend or Supplement is under Rule 15 in U-t-a-h. I don't think the opponent can respond to that kind of motion (as they would under Rule 7). Do I need to NTS a Motion to Amend or Supplement? Or will it automatically be pushed through to the judge by his clerk?
  13. Once a VOD has been sent, and the JDB/OC has replied to the VOD in writing, what are some follow-up questions or communications a consumer can write to: - Gather information from the JDB/OC After, "Please help me understand how the alleged amount was calculated?", I'm stumped....
  14. I was afraid I would have to wait. The Motion to Strike (Motion is pertaining to Motion A. (Motion A has been sitting on the judge's desk a while. He may make a decision soon.) I mailed the JDB a copy of Motion B, with plenty of time to spare on the judge's decision on Motion A. However, the Motion B mailing to JDB was returned to me :/ I re-sent Motion B to JDB, and I'm guessing the new mailing date is the official proceeding date per the rules, even though the court has my filing date a week or two earlier. [Is the Official date the one with the court? Or the new postmarked da
  15. My main question is: Do I have to give the JDB atty an opportunity to respond to my Motion To Strike their filing? (I can provide a background story if it's needed here -- Ut*h rules). Because this is a Motion (of any kind), do I have to give the JDB's time to Oppose the Motion? Because this is a Motion to Strike, can the opponent object to that at all? Or is up to the judge to decide on its face?
  16. Plaintiff tried to cheat me out a few days response time, and submitted notice on the motion prematurely. The judge caught it, and set the motion aside so I could get my response done. I'm working on that now. Should I throw in a Motion for Sanctions on the same pleading now? If so, do I need to be specific in what I ask for? Or just a general Motion of Sanctions?
  17. I did request the hearing -- but I attached it to my responsive pleading to plaintiff's motion, per the rules (It was my only opportunity to request it, since the Plaintiff still had time to respond to my pleading). I didn't submit a Notice to Submit -- but the clerk may have misinterpreted it as if I had (?).
  18. In a separate case I'm battling, the court prematurely placed the case on the docket. This eliminated the Plaintiff's opportunity to respond. Court rules here state that a request for a hearing needs to be submitted with a pleading in a motion. As it happens, I amended my opposition pleading (before the original opposition was responded to by Plaintiff -- per court rules), and I attached a Request for a Hearing. No Notice to Submit or anything. A few days later, I get a notice from the court with a hearing time docketed. I think the clerks jumped the gun. Should I just sit tight with
  19. Thanks, Admin, I wrote U*tah above. [i'm paranoid of my opponent searching me out (Coltfan's recent case really got to me).] I'm fighting a JDB. The violation I'm pursuing at the moment is their filing a suit after I had elected arbitration. I'm using their filing date as the SOL. This is the one with the tight deadline. Also, I dv'd them, and they never responded. I wouldn't know what SOL date to attach to that failure. I dv'd them a couple of months before they filed suit. Since then, and after several opportunities to object to my agreement version, they have recently argued t
  20. Thanks, Art, I will look at those. I do have other violations without a quite-so-tight time frame. Would I start with an ITS on those?
  21. Thank you all. Another question: Since Plaintiff has had several opportunities to object to or oppose the agreement --and never has over the course of several months and proceedings-- hasn't the Plaintiff positioned himself to be deemed admitted, or at least Waived their rights? I'm using that as an argument, but I can't find the exact Rules to use as support. I'm in U*tah -- but it seems many states rules follow similar patterns.
  22. Is there a thread out there which outlines step-by-step how to initiate an FDCPA lawsuit? I'm in U*tah. I have so many violations that I'd like to initiate suits on, but I'm not sure how to --- and it feels like the opportunities to fight back are slipping through my fingers as SOL's are coming up. What do I do? -an ITS? (if so, what do I write?) -file a complaint? (do I have to pay for service? or can I serve via mail or email?) Thoughts would be welcome here, since one of first SOL's is coming up this week. Thanks!
  23. How would I go about finding an FDCPA lawyer? I'm in U*tah, and have spent many hours researching online, and have contacted the bar who directed me to LegalM*tch -- which dead-ended as well. Tips in finding an FDCPA lawyer would be great.
  24. Could you move to exclude the evidence pursuant to initial disclosure rules? ie "barred from providing any documents to further support their claim due to Plaintiffs failure to disclose any documents per Rule 26."