Bob Fletcher

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Everything posted by Bob Fletcher

  1. Listen to Spikey. My only thought is it may let the Opposing counsel know they will be in for a fight,
  2. It's your call on what you redact, simply anything personal you do not think they need to see. It might not go over well with a judge if everything was redacted, but your call.
  3. Bank name is OK to leave as well as your name. Everything else that has nothing to do with the lawsuit, I would redact, All transactions not involved included
  4. I would prepare a MIL to preclude these documents, BOS, Affidavit and any other BS they have provided. Following is a link to a redacted MIL from our angel, Shellie, bless her heart!! It is for Colorado, so you will have to adjust for Utah. http://www.creditinfocenter.com/community/topic/319342-johnson-mark-llc-suing-for-midland-funding/page-6 post 106 I believe. I would get this in right away, as it will throw a monkey wrench in their plans!
  5. In my case we went to a pre-trial conference before the judge regarding the Plaintiff's demand for bank records. I told the Judge I had tried to come up with the records and unable to. I was ordered to put the response in writing within 5 days. The judge told the JDA if they really wanted the records, they could subpoena them from the Bank, which they did. I did not object to the subpoena at the time as I really felt I would probably lose on the opposition. But if you want, according to Utah Rules you can file an objection to the subpoena. I guess my point is if the JDA really wants the records, they can subpoena them and more than likely get them. Having the records, still does not prove standing on the alleged account, so keep that in mind. The CA's in Utah, use the bank statements as a quick means to MSJ. They have had mine for 9 months, and still no MSJ. But, I have been constantly working the standing issue thanks to all the help from the Forum. Hang in there and do not over stress on the bank statement thing. One advantage if you provide the statements, is you can redact personal information which is not part off the lawsuit.
  6. The filing of the lawsuit tolls the SOL, so in Utah if the last payment was 4 years before that date, SOL would make a good affirmative defense. It sounds like she may be confusing your case with some other case. I'm sorry, but when are they saying the last payment was made on the alleged account??
  7. If I'm not mistaken, Texas is one of them. Hopefully one of the Texans can chime in
  8. It is a risk you have to consider! If you think you can avoid default, then go for it. If you are not confident in beating the default, I would work to stay alive and fight another day. Going for the default is typical of JM as they know they cannot prove standing if challenged. They do not want to go to Court.
  9. My suggestion is to give them the name of the bank. This will hopefully help avoid the default judgment and give you a chance to fight another day. You will be able to attack the documents she says proves standing. It is all hearsay without a witness. If I remember, it does not have your name or SS#. If you get the default it is going to be much harder to get it set aside, than opposing a MSJ. They subpoena'd my bank records and we are still dancing! I am still running up their costs!
  10. It's up to you to continually attack their standing and attack anything they might produce that they say proves standing. Spikey is right, they cannot prove standing if you keep attacking. You will need to be strong as the judges in Utah are part of the Good Ole Boys Club. One Utah Judge just got off with a hand slap after being caught dead to rights and found guilty of trafficking drugs. Get the picture?? You will need to hit them over the head with it, in a nice way of course!
  11. The local Atty will try to get you to settle before the pre-trial conference. Follow BTO429 and Shellie's advice!! It is unlikely the local Atty will have much at this point.
  12. To be safe, I would only exclude one day for the Holiday and nothing for weekends and I would go from the date of mailing. This outfit uses an in house stamp machine and typically do not mail the same day as their postage meter says. Typically the USPS will also stamp somewhere on the envelope a date, although this is not always the case! With this in mind I would count 14 days, (10 days to respond, 3 days for mail and 1 day for the Holiday) from the day before I received it. It typically is next day delivery along the Wasatch Front. So I would work with the deadline of serving your opposition by using November 21 as day 1 and serving by December 4th. My Opinion.
  13. My attitude exactly!! If you can take the stress, make them spend as much as possible. In my case, I just keep trying to run up their bills and figure they have somewhere between 2K and 3K invested in my case. For me to think, regardless of the outcome of the lawsuit, (I am trying to win of course), they will never receive any money from me, it makes me smile. You have them on the run, hang in there!