Bob Fletcher

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Everything posted by Bob Fletcher

  1. Regarding the opposition to the Motions, you will file a brief in opposition to each Motion. Do not panic, as Spikey said. You have 10 days plus 3 days for USPS mailing to do so. They got caught with their pants down on the Cost bond and are desperately trying to avoid paying it. Having several attorneys involved is just another trick of JM. I always address everything to the business as the attorneys keep changing in my case also. I am on my 4th attorney. JM loves to bring up the rules when it has nothing else to go on. My opinion is the judges are not really clear on the rules and assume the CA's know them. You will need to be aggressive in your opposition. They have tried blaming things on "being the busiest CA office in the state and things slip through the cracks" In my case the judge has not bought it. The motion for default judgment is another trick they use. They tried it with me and I opposed and it did not work. They are getting desparate, so hit them hard!
  2. That would be another option or you would just reply to the order.
  3. Where you ordered by the Court? If so, you will have to formally respond
  4. I would just say after conducting a diligent search, you were unable to locate the records. If they want to pursue the can subpoena the records and you can oppose at that time.
  5. Initial disclosures are not filed with the Court in Utah. I would just serve them to the plaintiff and reserve the right to provide additional disclosures as they become available. No need to mention the lateness.
  6. FANTASTIC work on the security bond. Now let's see if they provide it. My guess, is they will try to ignore it and make you go after it. There is a time limit on how long they have to comply (do not remember what it is off the top of my head). Check the rules and if they do not comply, it will be cause for sanctions. You have them on the run as they will not want to provide the bond. Keep the pressure on and keep up the good work!!
  7. Quoting Utah Code, Sec. 78B-2-103. Action barred in another state barred in Utah.A cause of action which arises in another jurisdiction, and which is not actionable in the other jurisdiction by reason of the lapse of time, may not be pursued in this state, unless the cause of action is held by a citizen of this state who has held the cause of action from the time it accrued. What they will try to do is say the cause of action occurred in Utah, so you will have to have a good argument the cause of action occurred in Delaware when the payment was not received. Take some time to think this through as it is critical.
  8. Spikey is right, just make sure you reserve the right to make additional requests as Discovery proceeds. No more than a total of 5 of course!
  9. Need some advice! I submitted my MIL to preclude Initial Disclosures, (BOS, 2 affidavits from Chase, see earlier posts and a couple of other items). I was most concerned with getting my objections in on the BOS and affidavits. In Utah, the responding party has 10 days to file an opposition, plus 3 days for mail service for a total of 13 days to oppose. My MIL was mailed the day before my Depo (see earlier posts) and received by the Plaintiff's counsel the day of the Depo. It has now been 20 days since the MIL was served and no opposition has been served upon me. I know the CA's tend to do everything late but how long do you think I should wait before submitting my request for a decision, and/or if I do receive the opposition to my MIL Do I do anything about the lateness in my response. It just seems the Rules are in place for a reason and the CA is already 7 days late. Our Utah Hero, KenWA, seems to be out of action, so would appreciate any input!!
  10. My suggestion would be to submit 4 in each category, instead of burning it all up at once. Then based on what discovery brings forth, you still can add the one additional request for production of documents and admissions. I only say this as I wish I had done so in my case. The CA's seem to love to dribble information out so as to try to spring things on you unexpectedly. For what it's worth.
  11. Good advice from Spikey. You do not have to send all 5 requests at one time, you might want to reserve one, but let them know you are doing so, in the event more information becomes available. Discovery does not get filed in Utah! Always mail CMRRR
  12. Maybe I am missing something, but do you have a copy of the CC Agreement and does it specify being governed under Delaware Law? If not, I do not see how you can go forward on using Delaware's SOL and the Utah Borrowing Statute. Maybe you can clear this up.
  13. Check this out: http://www.utcourts.gov/howto/courtprocess/disclosure-discovery.html and: http://www.utcourts.gov/resources/rules/urcp/urcp026.html and: http://www.utcourts.gov/resources/rules/urcp/URCP026.Note.html
  14. My brother went through a similar situation in Illinois with Crap One as the OC. It went through some CA near Chicago and he lives a couple of hundred mile from there. This went on for 2 years. Crap one would set a court date, typically around 30 days out. Then they attempted service. It was also small claims. When they were unable to serve, they had to continue and the whole process was repeated, Like I said this went on for 2 years. My brother would keep and eye on the courts website and when he saw they had set a court date, he knew they would be trying to serve him and he made himself disappear. I think they have to get you served before 1 week from the court date. Finally after 2 years, Crap One sold the debt to a JDB. They did not try substitute service in his case. It might be particular to the CA and perhaps the CA in his case did not want to bother. I think a total of 8 court dates were set over the 2 year period. He's waiting to see if the JDB pursues.
  15. For the benefit of anyone possibly having to go through a deposition, I thought I would post some of my take on the process. It does not seem to be common, but who knows, it may become so. The deposition is truly a one way street for the party conducting the deposition. I went in thinking I had the ability to OBJECT to questions. Fact is, at least in Utah, not sure about other states, you are welcome to object and it is duly noted, but you still have to answer the question. In my depo, I started to object, because I thought they were asking a bunch personal questions that had nothing to do with the case at hand. Since we were in the Courthouse doing the Depo, the Depo was stopped and we marched into the Judges chambers so the judge could tell me I had to answer the questions even though I objected. When I questioned the judge about it he said I had to answer the question, then at trial the Judge makes the decision about the objection. Meanwhile, you have given the opposing party a piece of information and then they decide if they even want to bring it up at trial. These were mostly personal questions regarding, (in my mind), help in collecting should they get a judgment. This also brings up the fact that they person conducting the depo will only bring things up at trial or in a MSJ, that suits them and nothing that might look good for you. No sure if I can get a copy of the depo, they did not use a court reporter, but used an electronic recording device. A couple of times I tried to ask questions and was told they were the ones asking questions and they did not have to answer my questions. The ideal situation would probably be to depose them after they depose you or have an attorney present. The cost of deposing them makes it not an option for me. It seems they will cherry pick what they use, so be prepared. My most common answer was probably, " I do not remember, what you are asking is from 6-7 years ago" Seemed to work!
  16. Thanks FF!! So back from the Depo. Most of the Depo centered around Bank statements, credit card statements and purchases from one vendor. Records from all 3 had been subpoena'd by plaintiff. Showing connections between charges and payments on all 3 accounts. Lots of smirking on the behalf of the CA due to my inability to recollect things from 5-6 years ago. Oh Well, after it was over and we were "off record", they asked if I wanted to settle since they had me dead to rights. (I served them with a MIL to preclude discovery documents. The 2nd attorney could not keep her eyes off it.) I told them they could dismiss and the CA said I could expect a MSJ soon. I said I would be getting my own MSJ to them. So will need to work on that. Even though I was the one being deposed, I did bring up the Plaintiff's lack of proof for standing. I was asked if I had proof there was no standing. I said it was not my responsibility to prove the standing of the Plaintiff, it was theirs! and none had been provided. They pushed the generic affidavit accross the table from Sallie and I objected to the Exhibit as there are no names account numbers etc. on the affidavit.. I am sure I had screw ups, but will continue my case against standing. Now will need to working on my motion for summary judgment. It seems it may be better to have competing MSJ's. Any help or links regarding this would be very much appreciated!!! Is it anyone's guess if they will respond to my Motion to preclude before filing their MSJ?? I am getting down to brass tacks and would appreciate any advice!!! Everyone here has been helpful!! Standing, Standing, Standing!!!
  17. OK, so I mailed my motion in limine to preclude documents (BOS, and Affidavits among a couple of other items), this morning and the CA office will get it tomorrow am. My deposition is scheduled for tomorrow at 10 am. Not sure if the deposing attorney will have read my MIL by then, but thought I would serve her a copy before the deposition. A couple of questions: Has anyone gone through a deposition of this type? Not sure what questions I'll like face, but feel they have a boiler point depo they receive from their annual debt collection seminars. Any input would be appreciated. Thanks Shellie for what you have already provided!! What are the thoughts on my filing a MSJ?
  18. Take a look at below, just make sure you are not going for attorney fees, but costs. The other side will try to confuse the issue by saying a pro se is not entitled to attorney fees. Utah Code Section 78B-5-826 (referred to as the “Reciprocity Statute”), provides the following: “A court may award . . . attorney fees to either party that prevails in a civil action based upon any . . . written contract . . . when the provisions of the . . . contract . . . allow at least one party to recover attorney fees.” In civil litigation, an award of costs is governed by Utah Rule of Civil Procedure 54(d)(1), which provides that, “Except when express provision therefore is made either in a statute of this state or in these rules, costs shall be allowed as of course to the prevailing party unless the court otherwise directs....”. See Utah R. Civ. P. 54(d)(1).” Stevenett v. Wal-Mart Stores, Inc., 977 P. 2d 508 - Utah: Court of Appeals 1999. Pursuant to Rule 12(j) of the U.R.C.P. Defendant requests the Court to require the Plaintiff to submit the Security Deposit of $300.00 for Defendant expenses outlined above and for costs and charges, which may be awarded, should the Defendant prevail against the Plaintiff. Furthermore, pursuant to Rule 12(k) of the U.R.C.P. Plaintiff must provide the undertaking as ordered by the court within 30 days of the service of the order. The Court shall, upon Motion of the Defendant, enter an order dismissing the action if the Plaintiff fails to file the undertaking as ordered by the Court within 30 days of the order. Bunting Tractor Co., Inc. v Emmett D Ford Contractors Inc. 2 Utah 2d 275 (1954) 272 P.2d 191. Maxfield v Fishler 538 P. 2d 1323 - Utah: Supreme Court 1975.
  19. Below is an example of an order, simply substitute Order on Motion for Security Cost Bond for Order on Motion to Postpone and adjust writing in the order. The formatting did not copy and paste well, but hopefully you will get the idea. Order on Motion to Postpone Approved Board of District Court Judges September 10, 2008 Page 1 of 2 In the District Justice Court of Utah __________ Judicial District ________________ County Court Address ______________________________________________________ _____________________________________ Plaintiff v. _____________________________________ Defendant And _____________________________________ Defendant Order on Motion to Postpone Case Number ___________________ Judge _________________________ This matter comes before the court on a motion by Plaintiff Defendant to postpone the trial. The court being fully informed, the Motion is Denied. Granted. Date Sign here ► Typed or printed name Order on Motion to Postpone Approved Board of District Court Judges September 10, 2008
  20. The order is a simple document for the Judge to sign. In essence, it orders the Plaintiff to pay the Bond so there should be a sinature line and date line. It should be formatted at the top like any other court document