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About cbkayla

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  1. So if I file a motion to dismiss for failure to prosecute, can I also add other reasons that I stated as my affirmative defenses? 1.) Affirmative defense : Lack of Privity was one of them. Do I have to send them a copy of the old cc statement and other items showing I paid off the only xxxx cc I had? Don't want it to be thrown out as unadmissable. Can I somehow also ask for reimbursement of my 800.00 in attorney fees? Need help in wording this motion.
  2. You all are totally awesome. Wish I would have found this forum earlier. Probably would have gotten better sleep and not had to do as much internet digging. I still have more questions, but have to do a little research. The more I read your posts, the more I understand what the attorney for Midland thought he could pull over my eyes. Just want to make sure my ducks are walking in a row.
  3. So if Midland is suing for what they say is an old cc debt, can they withhold statements or any other information stated it is protected by lawyer-client priviledge?
  4. Here are Plaintiff's General Objections to Discovery. 1.) The Plaintiff objects to the definitions and instructions set forth by Defendant's Interrogatories and Requests to the extent that they require information or documentation different from or in addition to applicable rules. 2.) The Plaintiff objects to Interrogatories and Requests to the extent that they seek information or documents protected by attorney=client priviledge, the attorney work-product doctrine, or any other priviledge. 3.) The Plaintiff objects to Interrogatories and Requests to the extent that they seek information or documents that are confidential, proprietary, or that constitute or contain trade secrets. 4.) The Plaintiff objects to each Interrogatory and Request to the extent that it calls for a legal conclusion. 5.) The Plaintiff explicitly incorporates this General Objections into each and every Specific Response Below. Ok so I sent Interrogatories with 19 questions. I acquired them from input from other forums and law websites. So I thought this was considered Discovery and they had to provide answers and the documents they had that verified the debt belonged to me. The above is what was on the first page, they pretty much answered each interrogatory the same. I really felt like they were insulting my intelligence when I read these. Love #3 - Trade secrets...please. #4 - calls for a legal conclusion....I thought these morons were lawyers. So what was the purpose of my sending the Interrogatories? They altered statements with the first 3 with no account numbers and the statement they sent with the Interrogatories with the account numbers. I have copies of old cc statements, the actual credit card and also a letter from xxxxbank stating the account is 0. I paid it in a settlement in 2008. I have to find if Kentucky allows me to supplement these in some type of document. The statement they sent has a different xxxxbank account number. Nothing at all that shows the account even belongs to me. Now they state in the complaint they want interest from 2002. This debt does not show up on any of my credit reports and the debt I paid off isn't even on my credit report. Any input on how to proceed is greatly appreciated. I have lost many hours of sleep and taken days off from work just researching all the law sites and forums. I am done with these idiots. I was told if you go to a fight, you always take the biggest stick. The amount they are up to now is almost 9000.00 buckaroos. I worked hard to pay off all debts. I got my clock cleaned in a divorce, put my daughter through college and work about 50 hours a week. I am a fighter and a survivor and this group of clowns are not going to take my hard earned money. This is a great forum and I think I can put this dog to bed, hopefully soon.
  5. In a motion to dismiss, is the lack of diligence all I should list. The affirmative defenses I sent, would those have to be in a motion to oppose or a cross motion for summary judgement? Just trying to figure out the best route.
  6. I am checking the Civil Rules of Kentucky. Very confusing as to the wording. I hope I can get some interpretation of these rules. Clerk at courthouse told me to file a motion to dismiss under Civil Rule 41.02 and Civil Rule 77.02(2) as case has sat on docket for over a year. Hum....
  7. I already answerd one set of interrogatories. Could I make the cc documentation a supplemental to them? If so, how would I do this. Can I file a sworn denial?
  8. 1/2008 received letter from lawyer representing Midland. Then received agreement from them wanting me to make payments. Did not sign agreement or make payment. 8/2008 : Received complaint and stated I owed close to Midland close to $7000. on old cc. 8/2008 : Retained lawyer and gave all paperwork to lawyer. 9/2009 : Received motion for summary judgement. Found out lawyer didn't file answer. 9/2009 : Received Remand of motion for summary judgement motion. Lawyer filed answered so I guess that is why they remanded. Various phone calls from my lawyer throughout 2010 and into 2011. Lawyer from Midland wanting payment. Requested my lawyer to get copy of debt so I could see what it was. Midl. laywer stated they had bought a block of names. 10/2011: My lawyer files motion to withdrawal as he left firm. 12/2011 : Here comes Midland atty again. I called law firm I had and found out my lawyer didn't do hardly anything. 12/2011 : I call Midland atty and ask for proof of debt, said he would send it. Never received any proof. 2/29/2012 : Received another motion for summary judgement (court date 4/2012) with a packet of forms. 3/2012 : Completed admissions, interrogatories and filed with court system and also completed Pro Se document and filed. Copies sent to Midland lawyer. End of 3/2012 received remand for motion of summary judgement. Beginning of 4/2012 sent Interrogatories to Midland atty. End of 5/2012 received Midland atty answers to Interrogatories. They objected to all. 3/2012 I found old credit card, copies of a couple statements for an account I knew I had with xxxx bank but I paid in a settlement and paid off in 5/2008. Called xxxx bank and they sent me letter stating account had 0 balance. Note : The statements lawyer had been sending had the Midland account number and the Creditor account number whited out. In the answers to the Interrogatores I sent them, new statement has account number. So can I file a sworn denial? I sent some good affirmative defenses and would like to know what is the best route for me to take now. Thanks for any info.
  9. Why would the lawyer for Midland Funding LLC file for a motion for summary judgement and then remand the motion before the hearing? This has happened 2 times and I am getting fed up. Case is long story.
  10. What would I file to get this thrown out due to lack of prosecution? Original summons was in August 2008. Then motion for summary judgment in Oct of 2009. Then motion to withdrawal motion for summary judgment was in Oct 2009. Now they filed for another motion for summary judgement 5 days ago, was supposed to be on 4/5/2012. Now they filed for motion to withdraw motion for summary judgment. Had a lawyer until sept 2011, withdrew as my attorney as he left firm. I am going Pro Se. I filed my own admissions and affirmative defenses a few weeks ago. Then they filed the motion to withdraw. Tired of them bouncing things around. No type of statement or anything with my xxxxx account number. They were asked to produce documents back in oct 2009 when I attorney then filed an answer and affirmative defenses. They stayed low until they got the motion that my attorney had withdrawn. Any suggestions?
  11. Does anyone know where I can find a sample of filing Interrogatories and Request to produce to be sent to Midland Funding. I had an attorney that filed an answer and affirmative defenses back in September 2009. Atty for Midland filed a motion for summary judgment but then filed a motion to withdraw motion for summary judgment. My attorney at the time never let me know that there were admissions and Interrrogatories and he did not file them. Then he left the firm and I received a motion to withdraw from him. Here comes Midland's atty again. I filed in the clerk's office my answer and affirmative defenses. Also, back in Oct 2009, my attorney filed request for documents. They replied they did not have to have a written contract. Can anyone guide me in how to end this.