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About thaiboxgirl

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  1. Hello everyone. I am back! Forum members helped me answer a previous lawsuit against Midland Funding, but now I am being sued again by Johnson Mark LLC. I defaulted on two credit cards about two years ago when living in Utah (common law state). I was on SSDI at the time (I still am), so I created an LLC (domestic) in order to work from home at my own freelance business. My husband decided that it would be best if he were named as the registered agent, as he worried I would have another flare up and not be able to handle the LLC filings, records, etc. After six months of struggling the business
  2. The attorney told me the best thing would be for the rental money to go straight to the creditor but my tenant wouldn't agree with that. So the attorney said that if we must, have the tenant deposit the rental money into our account on a monthly basis. It is a chapter 7.
  3. I'm confused. My post may be confusing too, but I'm trying to figure out how to ask this question. I do have an attorney and I have asked him a lot of questions. Still he is not really answering my question regarding the monitoring of our bank account after filing. I don't get a straight answer. We filed on May 3rd and had to send from the bank a fax of our bank account balances and transactions for that day. It was my understanding that the only time it matters about how much is in our bank is the day we file. My attorney has noted in the case that we have rental income of $1,400 per month.
  4. Thanks for replying Coffee. I think its too late for me to reply to their opposition. I would love to see what your reply is though if you want to post it...
  5. Not sure. I know that I have mailing costs, the online court exchange account, ink and paper for the printer...
  6. (j) Security for costs of a nonresident plaintiff. When the plaintiff in an action resides out of this state, or is a foreign corporation, the defendant may file a motion to require the plaintiff to furnish security for costs and charges which may be awarded against such plaintiff. Upon hearing and determination by the court of the reasonable necessity therefor, the court shall order the plaintiff to file a $300.00 undertaking with sufficient sureties as security for payment of such costs and charges as may be awarded against such plaintiff. No security shall be required of any officer, instru
  7. I haven't found it in Utah's Rules of Civil Procedure. I'm still looking though...
  8. So I went to the courthouse and saw Midland's opposition to my motion for security costs. In their opposition they say two things. #1- I am not an attorney, I'm pro se, and #2- I have never shown proof that I've had any costs. I have 5 days to reply. Does anyone know this argument? Has anyone got some helpful information for me? Thanks!
  9. Here is my opposition. It might give you an idea of how to write an opposition. Just look at Indiana rules of civil procedure...
  10. No he didn't file a notice of substitution of counsel. Also what he put in the motion was that they assumed that I wasn't going to pursue the motion for security costs because I never filed the notice to submit. Well they never opposed it either. I don't see anything in Utah code that limits when a notice to submit can be submitted.
  11. I have uploaded a copy of my opposition (Utah) if you want to see it... I'll come back and send you a link...
  12. Utah Rules of Civil Procedure: (d) Substitution of counsel. An attorney may replace the counsel of record by filing and serving a notice of substitution of counsel signed by former counsel, new counsel and the client. Court approval is not required if new counsel certifies in the notice of substitution that counsel will comply with the existing hearing schedule and deadlines.
  13. So here's some interesting information that made me laugh today. I filed a motion for defendant to pay security costs (out of state costs) a year ago. I forgot to file a notice to submit along with it. So I went to the courthouse last week and filed the notice to submit for the motion (the one I filed a year ago). Johnson Mark's attorney filed a motion to dismiss plaintiff's notice to submit because he was the new attorney in the case and he didn't know that there had been no action in the case for over a year. So for that reason my notice to submit should be denied and he should have mor
  14. Thanks all. The issue I'm really needing help with is trying to strike these affidavits...
  15. I appreciate all of your help more than you could imagine. I am also speaking with a BK attorney tomorrow. The question is whether I will declare BK now and forget fighting the case, or fight the case and if I lose declare BK then. Either way, Midland isn't getting any money.