ethereal

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Everything posted by ethereal

  1. Welp, about to file my opposition in the morning. I refined it a bit and added an unsworn declaration in lieu of an affidavit. Just to help out you Utah folks. Check out U.C.A. 78B-5-705. Keeping my fingers crossed!
  2. Alright, so just seeing if I could get a critique on the Opp to MSJ. There was a hiccup with their first time serving the court, so they had to serve again. Anyhow, this is what I've come up with so far. Any feedback is much appreciated. ----------- Defendant, hereby, submits this Memorandum in Opposition of Plaintiff’s Motion for Summary Judgment. Pursuant to URCP Rule 7©(3)(, each of the following facts set forth in Plaintiff’s Memorandum are disputed by Defendant. ASSET ACCEPTANCE, LLC business records demonstrate that ASSET ACCEPTANCE, LLC purchased the receivable at issue in this case
  3. @KentWA, nah, they sent terms and conditions and they have the same "account charges" info they sent with their ID. The only thing additional is the affidavit and a document that lists their internal account number, last 4 of the original account, account information, charge off balance, purchase date, statutory interest rate and date of last payment. The account information just states Asset Acceptance is an LLC under the laws of Delaware and that it's an Assignee of Dell/CIT online bank or it's successor in interest. Would I be able to motion in limine to exclude the document above? I was
  4. Bleh, I must've misunderstood. I thought it they sent discovery before I sent my initial disclosures, I didn't have to bother. Even though it's well past the time I was supposed to, I will send a certificate of service and my initial disclosures. I'll object to the MSJ. Pursuant to the rule 56(e),"When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the pleadings, but the response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a ge
  5. No, they are not signed by a judge or dated. I will definitely be contacting the court on Monday. I can't find anything about my case online, unfortunately. The MSJ is dated the May 3rd, but they didn't mail anything until May 9th. I just hope I have some recourse.
  6. Well I thought it was clear sailing. I submitted my discovery request and admissions request. The 28th day came and went 2 days ago. Well today I got a thick docket of certificate of services and a response to my discovery. There are a couple in there that scare me a bit, as it listed as Judgement. Their response to all my discovery request and admission request are objected. They object to all my admission requests by saying it's premature and that I have not provided initial disclosures. In another envelope they sent all the following docs: Military service status Declaration of co
  7. Thanks for the responses. This is some great insight and it's very much appreciated. In my rough draft of response to their discovery request, I didn't object to the first item. I just put that the only document I have is the summons for the complaint and that they already possess that document. Would an objection as BTO posted have more of an impact? I do worry that doing some things will make me look, at least in in the eyes of the judge (should this go to trial), uncooperative or that I'm being trivial. I'm also a little confused as how to object to these requests. By that I mean,
  8. I'm typing up my Request for production of documents and was wondering if I should also do a request for admissions? I looked in the sample forum and found some admittance questions that could be used. I'm hoping for some feedback on what admittance questions have worked well for others or if it's even worth sending. I can only ask 5 questions of admittance per Utah civil court rules, so if it's worth doing, it's even more important to ask the right ones. EDIT: I found some questions in a thread that I can't find now. It had asked for them to admit that they create the documents detaili
  9. An update here, they sent initial disclosures the day after they sent discovery request and admissions request. The disclosures include a photocopied user agreement of a DFS credit agreement. The other has all my information with an old address. But it does have my employer, SSN and email address. It then has a spreadsheet listed as: transactions with date, transaction description and transaction amount. Finally it has a Balance sheet, with corresponding months. The final month, listed as 5/31/2011 has the balance at $0.00, which I'm assuming is the time that the OC charged off the ac
  10. Ok, finally got a response from them. One of them was a motion to dismiss my counterclaim because I didn't pay the filing fee. Well, that was my own fault, however I believe I still have time to pay this if I want to proceed with the counterclaim. I honestly didn't realize I had to pay a filling fee for a counter-claim. The other is a request for production of documents and request for admission. Production Requests: Please produce the following documents by providing legible photocopies of the originals to Plaintiff's attorneys within twenty-eight (28) days after service of the req
  11. Gah, I may have flubbed on the counterclaim, should've cited some case law for the violation.
  12. Oh nice! I just read up on it. I'll dive in again this weekend. Work is killing me right now. @trikcity I haven't heard from them. I didn't file the above answer. Here is my amended: 1. AFFIRM in part. I am a resident in the listed county. DENY signing any contract. 2. DENY. I am without knowledge or information sufficient to form a belief about the truth of this statement. 3. DENY. I am without knowledge or information sufficient to form a belief about the truth of this statement. 4. DENY. I am without knowledge or information sufficient to form a belief about the truth of this
  13. So I filed my answer and tomorrow will be the 20th day. Should I immediately file for discovery or do I need to wait for the AA to file a motion? That's the thing that I'm unsure of.
  14. Ooh, I was perusing the case law thread in the case law forum and found this: http://www.le.utah.gov/code/TITLE70C/htm/70C07_020500.htm This states: " No action under this title may be brought more than one year after the date of the occurrence of the violation. This section does not bar a person from asserting a violation of this title in an action to collect the debt which is brought more than one year after the date of the occurrence of the violation as a matter of defense by recoupment or setoff to the extent of the outstanding balance of the debt." If this applies in my case, the SOL
  15. Bump. Any feedback on my answer would be most appreciated. Still unsure if I'm required to address their DEMAND.
  16. Alright, rough drafting my reply here. Defendant, appearing pro se, for its reply to the Complaint of ASSET ACCEPTANCE, LLC (hereafter "Plaintiff") states as follows: All Answers correspond to the numbered paragraphs of the Complaint. All allegations of the Complaint are denied unless expressly admitted herein. 1. Affirm in part. I am a resident in the listed county and submit to the jurisdiction of the court. DENY signing any contract. 2. DENY. Plaintiff does not show proof of an alleged contract between Defendant and DELL FINANCIAL SERVICES / CIT ONLINE BANK. 3. DENY. Plaintiff d
  17. I may be wrong but in their claim: 5. Plaintiff may be entitled to recover a reasonable attorney's fees as provided in the contract. In the event Defendant fails to respond to this Complaint, and default is entered, Plaintiff may seek attorney's fees in the amount of $400.00 pursuant to U.R.C.P. 73. Said fees will not be shared in violation of Rule of Professional Conduct 5.4. They do site the law and say that the fee won't be shared. I'm unsure of the language: "state the amount of attorney fees allowed by the schedule," but could that be the $400.00 they put in? I'm about to type u
  18. Thank you much, I will check out your posts. Gotta call the clerk today and see if they even filed. I didn't put the attorneys in my OP, but I searched the forum and apparently he's(they're) an attorney for JDB's. It's listed as JOHNSON MARK LLC.
  19. So I got the summons on 2/13 and I've done some research but the deadline is coming quick. Any help would be so much appreciated. I'll follow the format for posting. 1. Who is the named plaintiff in the suit? -- Asset Acceptance, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) -- It just has the names of the attorneys. I'm unsure if it's a good idea to post their names. LMK if it's important to know 3. How much are you being sued for? -- 2XXX+ 4. Who is the original creditor? (if not the Plaintiff) -- Dell Financial Services / Ci