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 th
  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 thro
  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
  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 disa
  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
  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
  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
  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(
  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
  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