jayinaz

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About jayinaz

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    Arizona
  1. No I didn't sign any agreement there - plaintiff said they would mail me a agreement to sign and notarize. So I should request a second pretrial on Monday and also call the plaintiff and ask them to send me a copy of those statements? I am thinking that it shouldn't have been allowed then at the pretrial since it wasn't included in the discovery. Hmmmmmm...
  2. Yes I sent out out my requests for discovery and all that and they just pulled this stuff out during the settlement (pre trial) conference. I will find my previous thread when I get home from work. But I just got their letter to notarize the payment plan for a pmt due beginning of may but I think I should have gotten these statements before or at least left court with a copy of them.
  3. I went to a settlement conference and plaintiff pulled out a stack of statements that they showed me. I never got a copy of these beforehand and I didn't really get a chance to look them over carefully. I agreed to the settlement foolishly but have not gotten anything notarized or started paying anything yet. Am I right in thinking that I should have gotten a copy of these statements first? Can I still request a copy of them and not pay anything until I get this? The reason I ask is because this case was for credit card debt and the statements showed a bill pay on it ... Well, I had a brief checking account with this bank but it had nothing to do with the credit card debt from years before. I think it was these statements that they had and not the ones from the credit card debt. Any insight or advice would be much appreciated!!!
  4. Geez Louise... ! ok, I'll follow along with your case and cheer you on,. I just filed my objection and motion to dismiss - so in 20 days we'll see..... I am continuing to read stuff every night but how can you work with corrupt?
  5. 3 1/2 months after trial? Do you have your own thread? So then an appeal is a whole new other ball game now isn't it? What do you mean the judge who has already lost in superior court?
  6. Should I include mention of the case of American Asphalt ? Or was that for my own knowledge and reference in using this?
  7. I am getting the paperwork ready.... and revised my objection to motion to continuance and am now putting together the motion to dismiss..... The az civil procedures that I had pulled orginally didn't have that number of days that it shows in the one I looked up just now. wierd......
  8. oh boy.. I can't reschedule my ride today but I'm not leaving til later this afternoon tho -probably around 2-3pm.. I am on lunch break from work but can check any updates til then... thanks again!!!!
  9. Motion to Set / Certificate of Readiness Time Period: After Answer and within 9 months of filing ComplaintDefinition: Once an Answer has been filed, any party may file a Motion to Set/Certificate of Readiness. See, ARCP Rule 38 and Rule 72-77 Is this the one? It was on the Arizona Superior Court Website
  10. ok above is what they sent me and here's what am returning back then: INTRODUCTION 1. The Plaintiff has requested more time to conduct discovery even though even though the code of procedures Code 123 states that discovery must be answered in 40 days. THE DEFENDANT’S POSITION 2. The Defendant requests that this Honorable Court deny CACH LLC's motion for a continuance. The Defendant's case has not been deemed complex, and therefore the Defendant's right to a speedy trial is at issue. The Plaintiff failed to address the Defendant's right to or waiver of a speedy trial. 3. The Plaintiff has had adequate time to prepare for trial. The Plaintiff has had discovery for at least four (4) months, since at approximately, February 28, 2013. For the foregoing reasons defendant respectfully request that this honorable court deny plaintiff's motion for continuance. Respectfully Submitted this _________ day of September, 2013. Is this enough? So you are also advising to file Motion to Dismiss? Which rule is the 60 days after to set motion - still looking for that one.
  11. ok, to mimic what they sent which is this: the usual heading and all that and then : MOTION TO CONTINUE ON THE INACTIVE CALENDAR Then, You have a right to file a written response to this Motion within ten (10) day from the date this Motion was served. Your response must be served on the other parties as provided by Rule 120 of the Justice Court Rules of Civil Procedure. The court may treat your failure to respond to a Motion as your consent that the Motion be granted. Plaintiff, by and through its attorney undersigned, hereby moves the Court for an Order continuing the above-referenced case on the inactive calendar for at least ninety (90) days. The parties are conducting discovery and there will not be adequate time to complete discovery prior to the time scheduled for the case to be dismissed. Wherefore, Plaintiff requests that an Order be entered continuing this case on the active calendar for a period of at leaser ninety (90) days. then blah, blah name address, date..... so I am working on restating this now and will post it back in about an hour. Yes I am definitely filing tomorrow.....I've scheduled a ride tomorrow, my car battery died and can't get a new one til Friday-payday - oh talking about cutting this too close.....
  12. Ok I hope the bird is OK but did you look at my wording?? Is it alright? It's the post right above Harry's "my bad" - would like to get this in tomorrow latest.....THanks.
  13. You're good Harry....I am grateful for ANY direction from all of you. Yes, I wondered that too eventually and when I asked clerk at the court she said the either of us could set the motion for trial but then I read that it's the court that sets it. so I don't know..... ........anyway, anyone think the above wording is good for the objection? Too little, too much? on target?