Victory1

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Victory1 last won the day on December 11 2013

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About Victory1

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  1. Well Merry Christmas to me! I just got my Order of Dismissal in the mail from the Court/Judge, and they dismissed WITH Prejudice! Maybe they just are tired of this stuff cluttering up their time......good riddance!
  2. Hello @1legnsac, no I wasn't. I wasn't asked to prepare any paperwork for the dismissal.....might be different depending on what state you are in, though?
  3. And thanks again, everyone......it's just cool that there are so many of you that are willing to help people you don't even know.
  4. I told him I spent quite a bit of time on the internet, and learned a lot from others that have dealt with the same type of thing!
  5. I had my trial today - and of course, today I couldn't access the forums for some reason - but I had a lot of help from you guys this past week which really helped put me at ease for the trial I spent all morning getting my objections ready, going over the rules that applied, looking into supporting case law, etc. I had no idea if there would be a witness present, what the Plaintiff would try to submit into evidence, etc. My trial was at 1pm. I arrived about 10 minutes early, and there was no one but me in the courtroom. A little after 1pm, my judge came in, and started going through the file while we waitied. No Plaintiff. No witness. It's now about 15 after..... My Judge said he'd give the Plaintiff 3 more minutes to show, and if he didn't, we'd proceed along without him. Longest 3 minutes of my life - lol!! Trial started, minus the Plaintiff...... SO.....the Judge dismissed my case without Prejudice, and I asked if he could dismiss WITH Prejudice, but he said that goes into some tricky territory at this point with the laws, etc....and I haven't studied up enough on that enough to argue, so we left it at that. Then, he says to me "OK, we are off the record now. Can I ask you something?" I said "Of course!" He says "I have reviewed all of your pleadings, and I was wondering.....did you do all of this yourself? You submitted some really great stuff here. Well written, knowledgeable and a good flow.....good job." So a HUGE thank you to those of you who helped me on my original thread - http://www.creditinfocenter.com/community/topic/322386-trial-in-a-week-question-about-affidavit-entered-as-evidence/ Those kudos are a testament to the knowledge here on this forum, and the willingness of everyone to help each other out with these cases. I truly believe the Plaintiff received my MIL and knew that he didn't have a case, so rather than drive to the courthouse and waste his time, he just went to lunch or something... lol! It just goes to show that if you are dealing with a JDB, you need to FIGHT.
  6. It's OK - I appreciate the conversation here....and I can still glean some good info even from the posts that seem a bit off-track! It's all good "big picture" information for sure. I filed my MIL and now it's just a waiting game until trial day. I will study up, and go prepared.......I'm all about the Plaintiff showing standing at this point, and being able to authenticate any evidence. It's only $3k, I can't imagine they would actually spend a lot money on this case when they have much easier money to go after.
  7. @Harry Seaward, I didn't see your revised link until I just went back and looked - I'll definitely be making note of the case law you cited! Thanks again, so much!! I'll arm myself with as much as I can for the trial, regardless of what happens to my MIL.
  8. @ewise59, I'm not in NJ and I'm not a lawyer, but your son should be able to request a later court date. You can check online for your specific court website for information, or call the court clerk and let them know what you want to do - they should be able to direct you to the correct information.
  9. @BV80, I'm currently searching for AZ case law........on here and the internet. THANK YOU!
  10. @BV80 - I have reworded a bit and now have added: 7. Upon information and belief, the creator of the document is not currently and has never been employed with WXXX FXXXX, and therefore cannot have personal knowledge of how WXXX FXXXX records were prepared and maintained (16 A.R.S. Rules of Civil Procedure, Rule 56(e), and; They never claimed to have personal knowledge of the records or account, just stating they are familiar with the manner in which the Plaintiff creates/maintains their records. I can't see anything in their affiavit that can prove standing, since the affiant never worked for the OC, nor do they state they have knowledge of how the OC kept their records.
  11. @Harry Seaward - thank you so much!! I changed my MIL a bit, and will check out your link as well - I'm sure it will help me out! I had a great judge assigned to this case here originally - one that I won a previous MidLand case with. The Plaintiff in this case asked for a change of judge, so I don't know how the temp judge feels about these types of cases, but he seemed fair at the pre-trial conference. And yes, I'm going to file my MIL today, and will also bring them with......I have heard that in Justice Court they are much more lenient with that particular timeframe. I apprecaite the input you all have given me so far....this is a great forum, and it's great to see so many people helping others!
  12. Thanks so much, you guys. I have written up my Motion in Limine - can you guys give me your thoughts on this before I file it today? Do I need to cite case law, or keep it to the point? I have eliminated the heading and names, etc....for purposes of posting on here. Their Purchase Agreement was vague and has no account numbers/names....so they attached a printout of some alleged accounts (lines with XX's except for my name, alleged acct number) that they referenced as Schedule A within the body of their Purchase Agreement. The date on Shedule A is from 3 months ago, and the Purchase Agreement was signed/created in 2010, which is why I'm requesting that the PA be excluded as well. With a vague purchase agreement, they can print out whatever they like, whenever it suits them and say that is the account the PA was referencing..... Comes now, Defendant XXXXXXXXX, and respectfully requests that the following Plaintiff Documents be excluded from case proceedings for reasons stated: PLAINTIFF’S AFFIDAVIT OF ACCOUNT (DEFENDANT’S EXHIBIT A) 1. Plaintiff has attached with their original summons an Affidavit in Support of Plaintiff’s Claim (hereinafter referred to as "Affidavit"). 2. Said Affidavit pertains to acts and events that allegedly occurred between Defendant and a third party, WXXX FXXXX 3. At no time was the creator of the Affidavit, or any of the Plaintiff’s employees present to witness any alleged acts or creation of the records of alleged transactions occurring between Defendant and WXXX FXXX. 4. As such said Affidavit falls under the hearsay rule and is inadmissible as evidence. 5. Defendant further states that the Affidavit is not subject to the Hearsay Business Records Exemption because it was not made at or near the time of the alleged acts or events, and; 6. The information contained in the Affidavit is merely an accumulation of hearsay, and; 7. Upon information and belief, the creator of the document is not currently and has never been employed with WXXX FXXXX, and therefore cannot have personal knowledge of how WXXX FXXX records were prepared and maintained, and; 18. Is unqualified to testify as to the truth of the information contained in the Affidavit. PLAINTIFF’S SHORT FORM PURCHASE AGREEMENT (DEFENDANT’S EXHIBIT 1. Plaintiff has attached with their Initial Disclosure Statement a short form purchase agreement (hereinafter referred to as “Purchase Agreement”). 2. Said Purchase Agreement pertains to a transaction that allegedly occurred between AXXXX AXXXXX, LLC and WXXX FXXX Bank, NA. 3. Purchase Agreement fails to identify any one individual account, and; 4. Purchase Agreement, on it’s own, fails to prove any connection or standing relating to Defendant’s alleged account, and; 5. Purchase Agreement, signed and dated XX XX 2010, makes reference to a list of Receivables” as “Schedule A” (Defendant’s exhibit C), and; 6. Purchase Agreement’s referenced Schedule A was printed / created on 7-16-2013, and; 7. Upon further inspection, it is noted that Schedule A was printed on a date that indicates it is not a unified copy/portion of the original Purchase Agreement, to which there should exist an attachment with the same date as the Purchase Agreement. 8. The disparity between the dates of the Purchase Agreement, which is vague on it’s own merit, and the referenced Schedule A, bring into question the validity and connection of said documents. It could be easily assumed that the Plaintiff originated his/her own Schedule A solely to sway the court’s findings. WHEREFORE, the Defendant prays this Honorable Court that Plaintiff’s AFFIDAVIT and SHORT FORM PURCHASE AGREEMENT be EXCLUDED from evidence in the above action. I state under penalty of perjury that the foregoing is true and correct.
  13. Hello @Harry Seaward! I objected on the following grounds: No way to verify a witness's identity against government issued ident.; Jurisdiction of the Court cannot be extended by the telephone, internet, etc....does not ensure truthful testimony as there is no manner in which the court can charge an out of state person with perjury (Plaintiff's reasoning was witness was out of state); no way to prevent coaching, scripting, can't read body language, etc. I did have a pre-trail conference. The attorney and I talked with the judge, and with each other. I told both of them I didn't recall this debt, didn't think it was mine, and haven't seen anything from the Plaintiff that would help me in remembering if I had actually incurred such a debt. The Plaintiff offered to settle, and said I would rather go to trial. Ball Park amount is $3k. Plaintiff's name starts with an A and is a JDB here in A Z. I know I'm being a little vague, but I also have heard that Plaintiff attorneys sometimes do searches on these forums and I don't want to give them any words they can search for easily.
  14. @Credator, thank you for the AZ Rule 26.1 Yes, this is Justice Court, and I will check it out....but I believe you are right, that they need to give more information other than just some names that MAY show up. I am unable to prepare any type of questions for a witness if I don't even know their role, who they are, etc. Seems to me that is objectionable.
  15. I've done some fast research, and I'm finishing up the body of my motion in lemine, but can anyone share a link or an example of how to title it? I'm also going to file motions in lemine to strike their short form purchase agreement, which has no account numbers and which references an Exhibit A - which was printed out 3 years after the PA was signed. I'm just stuck on how to title the motion properly. Thanks again!