Bob Fletcher

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Everything posted by Bob Fletcher

  1. The judge on the case is a member of the Utah Supreme Court Advisory on Rules of Civil Procedure.
  2. So it looks like I need to provide initial disclosures to remove that objection. Not exactly sure what to provide as I have no witnesses, etc. to provide. Do I need to provide my contact information other than service address. I would like to totally remove that objection. Would I then need to ask them to respond to Discovery requests? Also, so what you are saying is there is not much to go on with the Plaintiff being 4 days late in Discovery answers? What made me think of it was they mentioned a so called excuse for not getting their Discovery answers in on time. I was not sure about the exactness of the Rules. Thanks!!!
  3. Their basis was "Defendant has failed to provide initial disclosures". I was not aware I had anything to disclose. They also said they did not receive my request, which is a lie, since I have a signed receipt. Their repsonse with objections was after time allowed (31 days)
  4. Trying to dump a lot of info and thought of some more to add. In the disclosures, Plaintiff provided an avidavit of sale of multiple accounts from Chase to Midland. No names etc, on the BOS, just generic. The account is now beyond SOL, but was not at the time of filing.
  5. Sued by Midland Funding via Johnson Mark LLC Served in Person by process server Initial Comlaint filed June 2012, 3rd judicial court Utah, no paperwork filed with initial complaint Original Creditor Chase Bank Claims:a)Defendant resides in this county and/or signed a contract giving rise to this action in this county. Jurisdiction and venue is proper Defendent entered into a contract w/ Chase Bank , which contract was subsequently assigned to Plaintiff. C)Defendant defaulted on the obligation under the contract. D) The amount chrged off on the account was $xxxxx, There is now due and owing to the Plaintiff the amount of $xxxx, plus accrued interest of $xxxx as of may 2012. at the annual rate of 10 percent per annum less any payment made. In addition, plaintiff is entitled to recover interest until all amounts due are paid. E) Plaintiff may be entitled to recover reasonable attorney's fees as provided in the contract. Plaintiff may seel attorney's fees in the amount of $775.00 pursuant to URCP 73. Said fees will not be shared. F0 Plaintiff may also be entitled to additional attornue's fees post-judgement. G) Further equity requires Defendant to pay the value of the benifits received Demand: A) for damages in the amount of $xxxxx, plus accrued interes of $xxxx, etc. For additional interest from May 2012 until paid at 10%. C) Reasonable att fees. D) Post Judgment Att Fees. E) for cost of court both Pre and post Judgment. F) Any relief the court deems hust and equitable Answered Complaint within time frame and filed notice of appearance giving address for communication from the Plaintiff or the Court. Heard nothing after filing the answer and after 35 days sent a letter to Att saying since I had heard nothing I assumed the matter was dropped Recived a letter from the Court in November 2012. Johnson Mark had motioned for Summary Judgment and Court said it appeared Discovery requests from the Plaintiff had never been served on the Defendant and all papers served by the Plaintiff were served to an address differing from the Defendants address in the appearance. He said the Plaintiff may correct this deficiency, but to mail to correct address Received Discovery from Plaintiff in November after the letter from the court. Answered within time frame but pointed out I had never received intitial disclosures and they were doing things out of order. I eventually received them. I sent my RFA and RFD to Plaintiff and heard back after the the time allowed under UT Code. The attorneys made mention they had never received the discovery request, but just hppened to be going through the court docs and saw that I had requested discovery. I sent the request Certified, return receipt signature required and have all the receipts.According to UT Code, all RFA's not answered within 28 days, 31 days if mailed, are deemed admitted. I received their answers at 36 days, post marked 35 days. Now the nitty gritty. Where to go from here. They are requesting a pretrial conferance to work out discovery issues. Of course, in their answers to my request for discovery the objected to everything. Here are my RFA's Admit the Plaintiff has no first hand or personal knowlwedge of the OC business practices Admit the Plaintiff has no personal or first hand knowledge about how the alleged debt was created or caculated by the OC Admit the Plaintiff is not in possession of a certified copy of the alleged contract with the OC signed by the Defendant Admit the Plaintiff lacks a witness from the OC who has specific first hand knowledge of the Account and can testify to the sale of the account and how the account prior to its sale was kept and maintained. Admit the Plaintiff has provided no proof of Assignment of the alleged Accoutnt to the Defendant. I did file a Certified denial of the debt. I ran accross this forum recently and probably needed their help sooner. Do I file a motion to dismiss?