Bob Fletcher

Members
  • Content Count

    255
  • Joined

  • Last visited

Everything posted by Bob Fletcher

  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??????
  12. It has been a while since my last post, but here is a quick update from the beehive state: I was deposed in late October and served my MIL (to preclude documents provided by the Plaintiff in initial disclosures), to the counsel for the Plaintiff the day of my deposition. As we were leaving the Depo, the attorney told me with a real cocky smile that they would be submitting the MSJ very soon. They answered my MIL with an opposition 5 days late according to the rules. In their answer, they said my MIL was premature in that no MSJ or court date had been filed. They also argued my MIL was longer than the rules allowed and requested the last 10 pages be stricken. This was basically their opposition to my MIL. In my reply, I indicated that I had combined my motion and memorandum in a single document (which is OK in Utah)and my memorandum was only 7.5 pages. The rules allow 10 pages. I also pointed out their opposition was served five days after the deadline allowed by the rules and requested their entire pleading be stricken. Now, according to the rules either party may ask for a decision after the moving party files their reply. Since they had not filed a MSJ, I decided to not request a decision until they filed their MSJ, since this was the big part of their opposition to my MIL. And so it has sat for over 4 months....... I received a Request for a pre-trial hearing yesterday from the Plaintiff. No reason for the pre-trial hearing was given. It was a one sentence request citing the Utah Rule. I am inclined to oppose their request for a pre-trial hearing as further harassment on a pro se defendant, especially after hearing nothing for over 4 months and with no reason given for the pre-trial hearing. Of course I will incur costs and have no idea what they want to accomplish. The last I heard, 4 months ago, they were going to file a MSJ. Any input would be greatly appreciated!!!! Thanks in advance!
  13. Yes, I know what you mean, I recall There have been a couple with no dates.
  14. 5. In Utah, there is definitely a "good ol' Boy" thing going on in the Court System. With Judges and attorneys covering each other's rears. Just one of the reasons there is so little Utah Law to cite. Makes it especially hard for the Pro Se. If you can get some help from an attorney it might be wise to utilize it. Just don't let him take the easy was out.
  15. Anytime the Plaintiff sends out a subpoena, they must serve you a copy. You can rest assured it will be all encompassing. They should serve you at the same time they serve the bank. I would not spend a lot of time worrying about this. I would start working on your defense.
  16. No, for the original Motion. Utah rules allow you to either file the MIL (or any Motion) and supporting memorandum either together or as separate documents. If you do as Anon Amos suggests and file 1 MIL per document, I would combine the Motion and memorandum to simplify for the Judge. You won't have to worry about the length that way!
  17. The memorandum cannot be over 10 pages. To keep it safe, file 2 documents, 1) The Motion and 2) the Memorandum