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johnny72

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  1. Ambushed by new evidence a witness from out of state. I objected but the Judge allowed it all. I admit I thought they could only use the evidence they had sent me before and didn't think they could bring up new evidence. It was horrible, they had the witness read every statement in court that was a community courtroom by the way. The Judge dismissed my objections in that the defendant would had proper time to get the Plantiff to compel their discovery. i botched it pretty, and I was pretty much through before it begin. The Judge gave them what they wanted. Anyway is their anywhere i can find out some help on what the exemptions are in a judgement in NC. And what I need to do to go about getting this done. Thanks again, I felt like the Broncos in the Super Bowl last year. Ready to go with all the build up, but sent home getting demolished.
  2. Thanks debtzapper I need some case law I know. I don't know if the affidavit signer will be there but this is good to know. Trying to cram my brain so full I think I may forget everything.
  3. Thanks for encouragement. I feel a little overwhelmed but I feel like my best strategy is to attack the statements they are basing their case on. They are actually missing one statement and one has three cash advance checks and no more after that. They have not provided any cancelled checks or any signatures which is gonna be what i go after. They don't have the cancelled cash advance checks or any cancelled checks for payment. They have 22 statements but only 9 have charges on them. It may be a longshot but that is what i am focusing on. I feel like they are just gonna try to repeat the admissions and interrogatories to trip me up because this and the statements is all they have. If they bring anything else up tomorrow that I haven't seen before I can object per say not shown in discovery right? Is there a blanket rule or anything I can do not to answer their questions? Or just be ready to object and deny like Arizona guy says? Thanks for all the help you guys have given over the years. They could bring one of the affidavit signers with them but I think that is a longshot, only one is still employed and it would be a 2 hour drive, but one never knows.
  4. Court date is Monday. Wish me luck. I have received no new discovery evidence to be used against me. It should be the same evidence that was used in Motion for Summary Judgement that was denied.
  5. My dog is sitting here telling me to fight and same to you. Life is a game and this is just one match. Joseph Campbell equated life to a tennis match and court is definately that. I have my own thing coming soon and being I don't know Cali law or much law I may not be much help. But just coming here and learning is better than taking the spoon feed guilt that most have had all our lives. Play the game and win or lose hold your head high.
  6. I showed up on the September 23 date and argued my case with the judge and plaintiffs lawyer. She denied Summary Judgment then due to there being geniune issues as the debt being mine. I will proceed and let all the people on the board know how it turns out. They did state that the hearing should take 2 hours in which I think they are gonna try and lawyer me to death and try to get me to trip up. I don't think President Clinton was in court for 2 hours for the Lewinski saga. My plan is to state they are bringing up nothing new from the past hearing. I don't know if a motion to dismiss would work as to what grounds I could do it? Anyway Carpe Diem, May the Force be With Me, and Everyone thought the Stork was brain dead.
  7. Ok the court date for last year was September 23, 2013. I received the order dated that day saying continuance. I think there was a calendared date of Oct 7 but when I called the court they said if I didn't hear from the plaintiff I would not need to show up. I didn't hear from the Plaintiff and I received a copy of the denial of Summary Judgment on October 22 2013. It stated Summary Judgment was denied as provided NC Gen Stat 1A-1, Rule 56. it was signed by the Judge on Oct 7 2013. Is this helpful, or does it do anything for my case?
  8. Sorry I have tried to make it presentable but it keeps on making it into a run on paragraph. I will try later to make another post that would be easier to read.
  9. 1. Who is the named plaintiff in the suit? FIA Card Services 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Sessoms and Rogers 3. How much are you being sued for? 6,000 4. Who is the original creditor? (if not the Plaintiff) Same 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Debt Validation letter from Plantiff before suit 9. What state and county do you live in? NC Surry County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Sept 2009 but suit was filed in September 2011t 11. What is the SOL on the debt? To find out: 3 years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Suit filed in neighboring county 9/2011, I responded didn’t hear anything until 7/2012 wanting me to sign to have the case moved. I didn’t sign and it took them til march 2013 to get it moved to another county. Then came the Discovery with Interrogatories which I answered. They then moved the court for Summary Judgment with copies of statements plus my answers from interrogatories in 5/2013. I then get a summons for court in 9/2013 for civil court for Summary Judgment. I go the Judge denies the judgment. In 8/2014 I get a letter from the plantiff stating that the answers I had provided in interrogatories were insufficient. I then get a motion to compel hearing for 9/2014. The next week I get a withdraw to motion to compel. Now I get a hearing notice for court for 10/2014 for a non jury trial. A lot of information. Evidence is the statements and affidavits attached. My question is what kind of defense do I use this time? It seems like barring them bringing the people who signed the affidavits then the case is the same as it was when it was turned down for Summary Judgment. Is there any statute I could use to get the case dismissed since it is over 1,000 days since it was first filed? Any help is much appreciated
  10. Sorry I didn't anticipate the paste option to do this. I will paste below with the questions in bold. 1. Who is the named plaintiff in the suit? FIA Card Services 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Sessoms and Rogers 3. How much are you being sued for? 6,000 4. Who is the original creditor? (if not the Plaintiff) Same 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Debt Validation letter from Plantiff before suit 9. What state and county do you live in? NC Surry County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Sept 2009 but suit was filed in September 2011t 11. What is the SOL on the debt? To find out: 3 years Statute of Limitations on Debts 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Suit filed in neighboring county 9/2011, I responded didn’t hear anything until 7/2012 wanting me to sign to have the case moved. I didn’t sign and it took them til march 2013 to get it moved to another county. Then came the Discovery with Interrogatories which I answered. They then moved the court for Summary Judgment with copies of statements plus my answers from interrogatories in 5/2013. I then get a summons for court in 9/2013 for civil court for Summary Judgment. I go the Judge denies the judgment. In 8/2014 I get a letter from the plantiff stating that the answers I had provided in interrogatories were insufficient. I then get a motion to compel hearing for 9/2014. The next week I get a withdraw to motion to compel. Now I get a hearing notice for court for 10/2014 for a non jury trial. A lot of information. Evidence is the statements and affidavits attached. My question is what kind of defense do I use this time? It seems like barring them bringing the people who signed the affidavits then the case is the same as it was when it was turned down for Summary Judgment. Is there any statute I could use to get the case dismissed since it is over 1,000 days since it was first filed? Any help is much appreciated.
  11. 1. Who is the named plaintiff in the suit? FIA Card Services 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Sessoms and Rogers 3. How much are you being sued for? 6,000 4. Who is the original creditor? (if not the Plaintiff) Same 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Debt Validation letter from Plantiff before suit 9. What state and county do you live in? NC Surry County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Sept 2009 but suit was filed in September 2011t 11. What is the SOL on the debt? To find out: 3 years Statute of Limitations on Debts 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Suit filed in neighboring county 9/2011, I responded didn’t hear anything until 7/2012 wanting me to sign to have the case moved. I didn’t sign and it took them til march 2013 to get it moved to another county. Then came the Discovery with Interrogatories which I answered. They then moved the court for Summary Judgment with copies of statements plus my answers from interrogatories in 5/2013. I then get a summons for court in 9/2013 for civil court for Summary Judgment. I go the Judge denies the judgment. In 8/2014 I get a letter from the plantiff stating that the answers I had provided in interrogatories were insufficient. I then get a motion to compel hearing for 9/2014. The next week I get a withdraw to motion to compel. Now I get a hearing notice for court for 10/2014 for a non jury trial. A lot of information. Evidence is the statements and affidavits attached. My question is what kind of defense do I use this time? It seems like barring them bringing the people who signed the affidavits then the case is the same as it was when it was turned down for Summary Judgment. Is there any statute I could use to get the case dismissed since it is over 1,000 days since it was first filed? Any help is much appreciated.
  12. Would it be too late to file a Dismiss with Prejudice? And if not how would I go about doing it?
  13. I think FIA card services probably still own the debt but use Sessoms and Rogers to go after it. There was one attorney the day I went representing probably 15 cases of various Summary Judgements for all the credit card people. Only one other guy besides me showed up and he went down pretty quickly. I thought I was doomed but what I think saved me was they had sent me the wrong court date and had the court not sent me the right one they would have gotten what they wanted. Just seems like 3 years and twice being denied judgement that some sort of time period would have lapsed on them. The sol is long been over with but I realize they filed the suit in time, just seems like I should not answer the questions again and see where it leads.
  14. Ok I am looking at my answers to the interrogatories and that I amend my answers to number 2,3,4,5, and 6. So I will post what was stated and how I responded. 2. Please State the exact amount that you contend is owed by you to the Plantiff, and state in detail all facts known to you that you believe support your contention as to the correct amount owed. A: Defendant has insufficient infformation to affirm or deny and leaves to the Plantiff to provide Proof. Defendant has already denied recollection of this card and therefore this interrogatory is improper. 3. Please list all payments made by you on this account since its opening, showing the amounts and dates of each and every such payment. If you will do so without the necessity of a motion to produce, please attach copies thereof (both front and back of all checks) to your answer to this interrogatory. A.used the same answer as the other. Each one is the same trying to get me to admit I made a payment and the amount, I didn't use the same answer every time but never admitted to the debt. On the admissions part they say my answers were insufficent as I have access to my bank accounts so the responses will not do. I just feel that they did use what I sent them to motion for judgment well over a year ago so how could they request more now?
  15. Hi, Sued by Sessoms and Rogers back in September 2011 for Fia Card Services for 6k roughly. I was sued in the county next door but answered all the questions. Heard from them in July 2012 the next year wanting me to sign something to move the case to my county. I did not do this and they got the switch in January 2013. I then received Interr and Discover in March of 2013 which I answered. They then moved the court in July last year 2013 for Summary Judgement per my answers to the Inter and Discover. They did not get it then moved to a court date in November 2013. I plead my case and the Judge denied Summary Judgement. I thought it was over but yesterday I received a packet again from my good friends Sessom and Rogers saying some of my answers for the Interr and Discovery were insufficient from March 2013 and I must re answer them in 10 days or they will move the court with a motion to compel discovery. It seems if they motioned the court for Summary Judgement last year with my answers to these questions then why want them answered again? Just wondering what I may can do, I hope and wish they have done something wrong and I can go after them but I am sure they have covered their butts. Just want this to end, three years on this case. Thanks for any help, it is appreciated.
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