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Bob Fletcher

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  1. Everyone fighting Johnson MarkMidland in Utah should read the following link. The Judges are rubber stamping the Midland affidavits produced for MSJ. There is also a note at the end regarding Statute of Frauds http://scholar.google.com/scholar_case?case=4602771507598545236&q=portfolio+recovery+v+migliore&hl=en&as_sdt=4,45 Would be interested in any comments on this decision!
  2. Considering your health issues, etc., it might be that bankruptcy would be a good option. It will depend upon whether or not you have assets you want to protect, but most Bankruptcy Lawyers will provide an initial free consult. I would recommend meeting with 2-3 different ones. Not sure what BK costs in NJ, but will be around $1500 - $2000 for a chapter 7. Your credit will repair quite rapidly after filing for BK, it takes about 2 years compared to a minimum of 7-8 with judgments and you will be relieved if all the pressure. Good Luck!!
  3. Cap one usually tries to sue before they sell debt, so it is likely they are the Plaintiff. It is part of their business plan.
  4. Is it possible to post redacted versions of the new affidavit(s) and BOS for comment?
  5. Unfortunately the problems in Utah run far deeper than this bill! It is a "Good ole Boys Club" at its finest! What is the wording and intention of the Bill?
  6. Let's see if they object. If they do you can answer their objection, by saying something about not hearing from the Plaintiff and thinking they had perhaps given up on the suit, (or something like that). Maybe we can get some assistance from the board when and if that happens. As a pro se, there is a good chance the judge will give you some room for the mistake.
  7. You are correct, I inadvertently put 180 days. It is 120 days. I would still submit them as I cannot remember if the time starts from the suit being filed or when you answer the suit. Because there has been inactivity does not mean this will be going away. It is better to be prepared and I would start by serving ROAs and RFDs. The judge will probably not have a problem with it unless the Plaintiff objects.
  8. In Utah, the maximum time for discovery is 180 days unless Judge rules it can go longer. Your discovery requests can occur at any point during this time. My suggestion is to mention when serving requests, that discovery is ongoing and there may be additional requests. In that vein, my suggestion would be to submit only 4 requests for admission and 4 requests for documents. This way you reserve a request as things become clearer in the discovery process.
  9. For discovery procedures, read the following: http://www.utcourts.gov/resources/rules/urcp/urcp026.html In Utah, you are not allowed interrogatories and only 5 requests for admissions and 5 requests for documents, so consider them well before requesting!
  10. You are still in the discovery stage and nothing to date, except for the initial filing of the lawsuit, has been entered with the Court. It is not uncommon for periods of inactivity. Who is the Plaintiff? The lawsuits in Utah are often filed without the Plaintiff having documentation as many of the Lawsuits filed simply go to default without the Plaintiff having to do any work at all. Oftentimes the counsel for the Plaintiff is waiting on further documents from the Plaintiff when these lapses occur. Keep studying!!
  11. Costs would not be a big deal, time and travel. I was thinking about submitting for a decision, but my question would be timing. Better to submit well in advance of whenever the conference might be scheduled or just prior, (or at the time) of the pre-trial conference??????
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