SickofdebtSLC

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About SickofdebtSLC

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    Utah
  1. I made a stupid mistake and now I really need some help. With help from a member of this site I was able to file an objection to the request for decision back in September, however I never heard anything back. On Jan 4th I was sent a request for decision that looked exactly like the one from September so I thought it was a duplicate of some kind. Now I've received a letter stating that because I didn't respond to the 2nd request they have now gotten an order signed to have my entry changed to default and are now pursuing a summary judgement. I don't know what to do. I now have no internet access (using a friends computer). I don't understand why they are pursuing this so hard, it now has been nearly a year and a half since they filed and I don't know how they can just keep filing requests for decisions with me having to reply multiple times. Is this legal???? Please let me know what I can do. Obviously I made a mistake but I can't pay the 3,200 they say I owe. I REALLY don't want them to win. Thank you.
  2. I want to preface this with the fact that I'm pretty sick and my brain is definitely not working in proper order. I was hoping to get my objection to the sanction mailed out tonight. I might not be able to send it certified mail unfortunately like I have everything else since the post office is closed by the time I get off but I think it's best that I get it out asap! Do you mind putting your thoughts in the order that I should add to the document I created? I really appreciate all of your help!!! I was thinking I would then do an objection to the affidavits and bill of sale. Finish off with a motion to dismiss just to cover all of my bases
  3. I'm just thinking that I don't want to put all the info about SOL in the objection to sanctions document. I was thinking that it should be put in a motion to dismiss? What do you think? That's kind of why I just mentioned it vs adding it in detail.
  4. Here is the objection I came up with.... THIRD JUDICIAL DISTRICT COURT STATE OF UTAH SALT LAKE COUNTY, SALT LAKE DEPARTMENT MIDLAND FUNDING LLC, | VS | Case No. | Judge: Judge Collection Defendant’s opposition to Plaintiffs’ Motion for Sanctions on May 16th 2013 1. Introduction Defendant submits this opposition to Plaintiffs’ Motion for Sanctions. Pursuant to Utah State Rules of Civil Procedure 26(d)(1) A party shall make disclosures and responses to discovery based on the information then known or reasonably available to the party. The Defendant has provided the Plaintiff with all documents in possession, care or control at present and will further provide any new documents that come into possession in the future. 2. Plaintiff has failed to show that the Defendant willfully and blatantly refused to provide requested documentation. The Plaintiffs argument set in Request to Submit for Decision on September 5th 2013 that the Defendant has “shirked” the requirements set out by the Court is an unfounded personal attack upon the Defendant and has no grounds for requesting sanctions as the order to comply has been followed to completion as per paragraph 1. 3. Plaintiff has willfully pursued a time barred account. It has been further brought to the Defendants attention per recent documents received on August 21st 2013 from Plaintiff that the state of issue for this alleged account is listed as Delaware and as such the Plaintiff is pursuing a time barred account per statute of limitations on both written and oral contracts in Delaware is barred at three years. As Plaintiff was aware of state of issue they are in direct opposition of Federal Civil Procedure code 11 for willfully filing for improper purpose, such as to harass, cause unnecessary delay, or needlessly increase cost of litigation. The above paragraph will be followed by a formal complaint against Plaintiff and all counsel involved in the listed action. It is the wish of the Defendant for Motion for Sanctions to be dismissed and the original pleading be sustained as all requests and orders have been followed as per rule 26(d)(1). Signature____________________________________ Date: Please give me feedback asap!
  5. Do you think I could use this in my objection regarding the sanction? Rule 26(d)(1) A party shall make disclosures and responses to discovery based on the information then known or reasonably available to the party. And then maybe this in regards to their supplemental disclosure? Rule 26(d)(4) If a party fails to disclose or to supplement timely a disclosure or response to discovery, that party may not use the undisclosed witness, document or material at any hearing or trial unless the failure is harmless or the party shows good cause for the failure.
  6. I've been asking myself the same question. Why are the pursuing this so hard when they know they could get easier money. I'll see what I can come up with and post it tomorrow. I'm hoping to get this mailed out asap
  7. I just want to be very sure of my objections before filing this time because they have been ignoring everything I send. I need to object to this current Motion for decision as well as object to the bill of sale and affidavits. If I can add in objections based on time barred debt that would be great but everything I've looked at is extremely vague when it comes to Utah law and using another states jurisdiction. I'm trying to see if Dell/Cit uses a choice of law clause in their contracts but I'm not having any luck. I don't have the original contract unfortunately. Would it hurt my case to use the defenses even if they say they can't be used?
  8. unless the cause of action is held by a citizen of this state who has held the cause of action from the time it accrued. Doesn't this mean if I've resided in this state all along?
  9. I thought the statute of limitations was based off the state where you were residing when you "borrowed" the debt?
  10. I just received in the mail the following papers from Johnson and Mark. A request to submit for decision dated 9/5/13 stating they want sanctions decided on a failure to comply order. They are stating that the defendant is blatantly refusing to provide court ordered documents and asking for rule 7 and 37e. The final paper looks like a default judgement but its attached to a (proposed) certificate of service. What does this mean? Did they win the default judgement or is this their court proposal. What do I need to do to respond? They wording of the document is like they are completely ignoring my objections and asking the court to change the pleading to default. I can scan and attach the documents tomorrow if it's necessary but some quick reassurance would be nice.
  11. Does anyone have an idea of how long I have to make these objections? I've been swamped with work and life in general so I haven't sent anything yet and I'm getting worried that I may cross some kind of time limit.
  12. The original disclosure would have in November or December of last year. Do you have a suggestion on a sample meet and confer letter and I've been searching for an objection letter but not finding what you were talking about. Can you push me in the right direction?