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  1. I live in the state of Nebraska and haven't really found any threads that are similar so thought to ask but maybe to late for help at this stage. Out of nowhere I was served a summons by the local sheriff on 7/30/11. After reading it and not fully understanding it, I started to do some research and gained enough knowledge to make me dangerous and answered it as follows: Defendant's Answer to Complaint Allegation 1: Admit Allegation 2: Admit Allegation 3: Denied: Responding Party objects to this request on the ground that it is vague, ambiguous and unintelligible in that Responding Party has to speculate as to the meaning of "the credit card" and "the account." Allegation 4: Denied: This request calls for admission of a matter which the defendant has denied and thus it is improper. Allegation 5: Denied: The plaintiff has presented no evidence that the debt is valid or the amount of the debt is accurate. Additionally, the plaintiff has not provided evidence of a signed contract or purchase agreement demonstrating that the alleged debt was made with the plaintiff. Allegation 6: Denied: This request calls for admission of a matter defendant has denied and thus it is improper. Allegation 7: Admit FUTHERMORE, Defendant DENIES every other allegation not previously admitted, denied or controverted. AS FOR AFFIRMATIVE DEFENSES 1. The action is barred by the Statute of Frauds as no relationship exists between the plaintiff and defendant as no contract exists, nor has there been any exchange of money or goods between the plaintiff and the defendant. 2. Plaintiff, as the defendant is informed and believes, lacks the legal standing to bring and maintain this action. 3. The plaintiff has not proven the debt is valid or the amount of the debt is accurate. The plaintiff must prove that the principal, interest, collection costs, and attorneys fees are all correct, agreed to in your contract, and lawfully charged. Defendant also insists that the plaintiff come up with the signed contract, account statements and purchase receipts to prove the amount of the alleged debt and that the amount of the alleged debt was made as a result of a contract between the plaintiff and the defendant . 4. The court would unjustly enrich the plaintiff by granting the relief sought herein WHEREFORE, the defendant asks the Court for judgment: a. Dismissing the complaint herein with prejudice. I then received notice of a pretrial hearing that I had to file a motion to request for a continuance of the pretrial conference due to work obligations and was granted the continuance. On September 14, 2011 I received in the mail a Notice of Serving Discovery advising me I had 30 days to answer. It included Interrogatories and Request for Admissions. Upon doing research, I discovered under the State Statute Chapter 6 under Nebraska Court Rules of Discovery in Civil Cases that a defendant in a civil case actually has 45 days to respond to the requests of discovery and the same is true for admissions. I have not, to date, responded and the pre-trial hearing is tomorrow, October 18, 2011. Based on the postmark of the envelope which I kept, it would appear that I legally have until the 29th of October to respond. I also sent a request for discovery via certified mail and had it notarized. I listed numerous interrogatories, Request for Admissions and Documents to be produced. This was dated September 30 and filed with the court on that date, so I did not expect to receive anything from the said plaintiff prior to the hearing. However, tomorrow is the pre-trial hearing and although I have the pre-trial conference order as to what will happen, it appears at this point that both of us to some degree will be appearing without having received anything from other side and the state of nebraska civil procedure clearly states that the fact that discovery is not completed by the pretrial conference shall not constitute good cause to continue the samem as the discovery deadlines shall be an issue to address at the pretrial conference. So given that I am going without the supposed plaintiff having provided me ZERO proof that they are the owner now of the debt (this is a JDB by the way), what should I say, expect, etc. I requested in my response to the complaint that given that they didn't provide anything when I received the summons and didn't provide any true validation of the debt, I asked the court to dismiss the complain with prejudice - DO I NEED TO FILL A MOTION TO DISMISS or is it too late? Also - I did some of my own investigative research as the alleged plaintiff is Cypress Financial who they indicate in the summons that the account was transferred from HSBC to them. The summons and correspondance has been through a law firm that also pulled my credit report and did an inquiry on my credit report just prior to having me served the complaint. I never, to my knowledge, ever received a dunning letter from either Cypress Financial or the law firm that "is the assigned attorney" for the plaintiff. Their documentation in the Discovery at the end state - This is an attempt to collect a debt and any information obtained will be used for that purpose. So who is the actual plaintiff here then? I asked that in the request for admissions. Ok - so there is the history of where we stand. WHAT do I expect tomorrow? I am a defendant pro se and scared as heck because I don't know what to say, do or expect. Truth be told in that I don't have any records or information to validate if what they are saying is true or not as I went through an ugly divorce several years ago with an ex husband that may or may not have had a credit account in my name. But also being transparent - I had severe and life threatening injuries that resulted in my being unemployed and hospitalized off and on for nearly a full year and could very well have not recalled this debt as I had to move for health reasons and my mail was never forwarded and my medical crisis monoploized my life at that time. So I could be the true owner of the debt - but I really and honestly can't answer if I am or not unless they can provide me details to prove it. Having said all of that - I tried to do research myself with HSBC and they were of little help as they had charged off the debt and sold it to a company called L.H.R. (now if Cypress Financial is the plaintiff, but HSBC said they sold it L.H.R. - doesn't something seem fishy here???) and said I would have to contact them regarding this matter. When I asked how much they sold it for - they indicated possibly 4 cents on the dollar, but couldn't provide an exact figure and didn't have this information available and told me I could write tot their correspondance department to inquire about this, but no guarantee that they could respond. Seems rather odd to me that L.H.R. is the record of the account was sold to, but Cypress Financial is the Plaintiff - any suggestions on what to do with this information? So given this history and that the pre-trial hearing is tomorrow. ANY help, suggestions, ideas, or feedback and guidance would be so wonderfully appreciated it (I can't at this time afford an attorney and am trying hard to manage this myself but it's so overwhelming). Maybe it's too late to ask for help - but anything is better than nothing - so thank you all in advance! Thanks!!!! bluejayjack
  2. the plaintiff attorney fr citi sent me copies of monthly statements for credit card account. Is that admisible in court?aslo states for the defendants records they included a copy of the card agreement. just a photocopy without any signature? also is that admisible? we have pre trial conference in a few days and I recieved these 200pages today? what should I do from here? Ive denied oweing them any money and would need proof of such claims. they state in "claims" that is for money loaned to defendant on credit card account." they never loaned me money. The entire amount is all basesd on late fees and assesed charges..NO ACTUAL PURCHASES. THEREFORE THEY DID NOT LOAN OR PAY ANYONE ANY MONEY? THEY ALSO HAVE NOT GIVEN ME A PRETRIAL MEMORANDUM IN THE 3 WEEKS PRIOR TO PRETRIAL CONFERENCE AS ORDERED? HELP???
  3. Lawsuit citi v me, pretrial conference orders #2 plaintiff to give serve defense with memorandum 3 weeks prior to conference. they have not.1 settlement, plaintiff to talk to defendant about setllement.they have not. should i file for default on the grounds that they have not followed the courts order and timeline? no evidence to date has been given to defense or court to verify this claim.
  4. Ugh! Small town, podunk judge! First off I had a motion to strike evidence this morning. The judge came in and started in on a Motion for Summary Dispostion. I had to tell him that this Motion hearing was not for a SMD it was for my motion to strike evidence. The rent a lawyer also thought he was there for the Summary Dispostion. Even after the judge awknoleged that the Motion was to strike Evidence he still wanted to do the MSD. I had to tell him several times that I was not ready to defend my position on the summary disposition because I was preparing for my motion to strike evidence. I had to spend a good half hour telling him all the reasons why none of the evidence is legite. All he kept telling me is that he didnt want to listen to any bizarre rules of why the evidence should not be let in. REALLY???? MCL is bizarre??? Even when the judge admitted that the alleged cardholder agreement isnt sufficient he is still allowing them to use it???? I am f'ed! I repeatedly stated to the judge on how the michigan court rules were not being followed. He is just ignoring all of it. He is pretty much allowing what ever he wants to allow and not following a lick of the MCL. How can I have a chance if I cant bring up what the plaintiff has done wrong. He also told me that I am not allowed to tell the plaintiff what they are supposed to have as evidence. Really?? isnt it all spelled out in MCL as to what they need to provide for it to be accepted as evidence. He told me I needed to submit an affidavit saying that I didnt owe the debt. I did that twice! and it is in the file! Now he wants another one! I am completely frustrated with all this. I have the Motion for Summary Dispostion in a month and another pretrial conference the same day. If the judge continues to allow the Plaintiff to use evidence that doesnt follow MCL and continues to allow the Plaintiff to do what ever they want how can I possibly have a leg to stand on in front of him? I dont even know where to start as everything I bring up he ignores. I know this is a long ramble but I dont have any clue what I need to do or how I should proceed.
  5. Hi everyone, I am a newbie, and posted a couple months back about being sued by Portfolio Recovery. I submitted my answer and motion to strike beginning of June, and have heard absolutely nothing back from either the court or their attorney. Is this normal? We have a way to look up status of cases online, but it absolutely blank - no pretrial conference scheduled, etc???
  6. Oh I hope someone is up to give me advice. I screwed up big time, I have another thread but don't know how to post a link, it is "Please Help Me On How To Present Myself at "Discussion" So I Don't Look Like A Fool". So I have this Settlement and Discussion meeting tomorrow at 2:30 pm and I assumed it was where they have the attorney intimidate me into settling. I with much embarrassment neglected to look at the ARCP to see if there was such a meeting. So here is what it says: 16 A.R.S. Rules of Civil Procedure, Rule 16.1 Arizona Revised Statutes Annotated Currentness Rules of Civil Procedure for the Superior Courts of Arizona (Refs & Annos) III. Pleadings and Motions; Pretrial Procedures (Refs & Annos) Rule 16.1. Settlement Conferences: Objectives Rule 16.1. Settlement Conferences: Objectives (a) Mandatory Settlement Conferences. Except as to lower court appeals, medical malpractice cases, and cases subject to compulsory arbitration under A.R.S. § 12-133, in any action in which a motion to set and certificate of readiness is filed, the court, at the request of any party, shall, except for good cause shown, direct the parties, the attorneys for the parties and, if appropriate, representatives of the parties having authority to settle, to participate either in person or, with leave of court, by telephone, in a conference or conferences before trial for the purpose of facilitating settlement. Unless otherwise ordered by the court, all requests for settlement conferences shall be made not later than 60 days prior to trial. The court may also schedule a settlement conference upon its own motion. In medical malpractice cases, the court shall conduct a mandatory settlement conference no earlier than four (4) months after the conduct of the comprehensive pretrial conference and no later than thirty (30) days before trial. ( Scheduling and Planning. The court shall enter an order that sets the date for the settlement conference, a deadline for furnishing settlement conference memoranda, and other matters appropriate in the circumstances of the case. An order setting a settlement conference shall not be modified except by leave of court upon a showing of good cause. © Settlement Conference Memoranda. At least five (5) days prior to the settlement conference, each party shall furnish the court with a separate memorandum. In non-medical malpractice cases, the memorandum shall not be filed with the clerk of the court, and the parties shall furnish the memoranda sealed to the division assigned to the case. In medical malpractice cases, the settlement conference memoranda shall be filed and exchanged. Each memorandum shall address the following: (1) a general description of the issues in the lawsuit, and the positions of each party with respect to each issue; (2) a general description of the evidence that will be presented by each side with respect to each issue; (3) a summary of the settlement negotiations that have previously occurred; (4) an assessment by each party of the anticipated result if the matter did proceed to trial; and (5) any other information each party believes will be helpful to the settlement process. No part of any settlement conference memorandum shall be admissible at trial. (d) Attendance. Settlement conferences shall be attended by all of the parties to the litigation and their counsel unless specifically excused for good cause by the court. In addition, the defendants shall have a representative present with actual authority to enter into a binding settlement agreement. All participants shall appear in person except pursuant to stipulation of the parties or order of the court. (e) Confidentiality. The court shall order that discussions in settlement conferences shall be confidential among the parties, their counsel and the court. (f) Discretion to Transfer. The court, upon its own motion, or upon the motion of a party, may transfer the settlement conference to another division of the court, willing to conduct the settlement conference. (g) Ex Parte Communications. At any settlement conference conducted pursuant to this Rule, the court, with the consent of all those participating in the conference, may engage in ex parte communications if the court determines that will facilitate the settlement of the case. (h) Sanctions. The provisions of Rule 16(f) of these Rules concerning sanctions shall apply to a conference provided for by this rule. You notice © and the fact I was suppose to submit memorandum. Well I didn't and now how do I handle this. I must go to court Do I just admit my ignorance and say I did not look this up and therefore did not file this memorandum? There must be something someone can help me with, surely if the Plaintiff has never answered my Discovery and it has been 10 months then the Judge cannot possibly make an exception to my stupidity can he? Please advise me how to handle this?
  7. Hello, I have a pretrial conference set for tomorrow afternoon for a debt from over three years ago which I have never seen until I was served a summons. The court sent me a letter stating the the conference would take no more than 10 minutes and that I could either call a number for a conference call or I could appear in court. The plaintiff's location is over three hours from where the court house is; however, I am wondering if it makes a difference in the case if I show up to speak with the judge in person as opposed to chiming in on a conference call. Does it benefit me to actually show up at the conference or should I just phone in? Thanks in advance!
  8. I am going to give a breakdown of what has happened so far in my case with Midland. SORRY so long!! I was "served" via them taping the summons and complaint on my door because the judge allowed alternative service. They filed the suit back in October of last year and I was "served" June I believe...because I filed my answer/affirmative defenses July 1. With their original complaint was the typical complaint and then there was their “evidence” An Affidavit of a Nancy Kohls who claims she is a legal spe******t and has access to pertinent records for MIDLAND CREDIT MANAGEMENT INC. (I am being sued by Midland Funding llc- not sure if THAT makes a difference) and she knows how they maintain their records and that that they do own the account and they have an account number that does not match anything that I have on my credit…and it does not state in the affidavit my name but does have an amount. It was signed Aug. 6, 2010 in Minnesota. The second thing was a generic credit card member agreement from 1999!!!! WELL so I filed with my answer and also a motion to strike there “evidence” and I also filed a request for production of documents (WHICH they NEVER responded to)They had pulled my credit so I asked for the copies from that and in general I wanted documents proving they are allowed to collect money in AZ and even own this account and how they came up with the amount and so on and so forth. I get a notice of trial in the mail and it is set for this Oct. It says right on the notice of trial that NO telephonic appearances will be allowed and that we must comply with rules 26.1 and that we both must comply with rules 16 (g) 2. Well I got their disclosure statement which basically states that I entered into a credit card agreement with Plaintiffs assignor Midland funding llc and that I failed to pay as agreed so I am in breach of contract. Then it just says they will bring any documents to any pretrial conference which may be scheduled. Their lists of witnesses say: A. Authorized representative of Plaintiff assignor under whose supervision the account is kept at or near the time of transaction. It is expected that the representative will testify as to the nature of the contract, the credit granted to the defendant, transactions on the credit card and the current outstanding balance including interest, attorney fees and costs. B. Defendant, (ME) C. Any witnesses the defense will call Under documents A. Affidavit of Balance owed B. BofA cardmember agreement So then I get a Motion for Telephonic appearance of witness with court reporter resent. Basically Midland is asking that their witness is allowed to appear telephonically because they are located in California. And that a telephonic appearance of the witness will not result in prejudice to either party and that the witness will be used exclusively as a foundational witness to introduce documentary evidence. I filed my disclosure statement AND I also filed a motion to NOT allow their witness to appear telephonically because it states right on the trial notice it will not be allowed and other reasons…I ALSO filed a motion to allow me to counterclaim because originally I did not care but NOW I have missed work and gas money because the court is NOT near my residence and for personal anguish so I filed a motion to allow counterclaim. Well I look online and it says we have a date set for an oral argument, so I can the court and ask what it is about and the guy just said it says based on a motion, so I am guessing one of my motions was allowed and Midland didn’t like that. SOOOO basically I am here because I was hoping by now Midland would have backed down but they haven’t so what else can I do to show them I am serious and that I am not falling for their tricks? I am really nervous about this oral argument because I have not heard of anyone having to go to one with a CA…? Hope everything made sense and you could understand the basics of my case…?
  9. SO! I am nervous as heck but have my conference in the morning. There is a lot that could happen in this conference and this is the list I am prepared for: Defend agains the original Summons and Complaint against Account Stated, Breach of Contract, and Unjust Enrichment. Request that the Court Compel Plaintiff to respond to Discovery requests. Defend my Objections to their Interrogs, admissions, and Discovery requests. Defend against the Motion for Summary Disposition Motion to Strike Evidence Bill of Sale Cardholder agreement Single Charge off Statement Affidavit Have a Motion to Dismiss ready to be put in. I plan on hitting on the fact that they filed and have not produced any documents to show assignment nor have any evidence that the alleged debt is mine. Also going to hit the affidavit as heresay and the fact that the Plaintiff has not followed MCR or the court. I am really hopin that the case gets dismissed but I highly doubt it. What I think will happen is the plaintiff will put in for an extension of time to come up with discovery materials. The judge will grant it and set a date for trial. I will wait til the extension is up and then when nothing is produced put in for a Motion to Dismiss. I think I am prepared but am very nervous, you just never know what is going to happen. I have spent my whole summer researching and looking at the forums. I think I am in the best place I can be for right now. Heres hoping it ends soon. I will post what happens tomorrow afternoon.
  10. Hello All. I want to thank everyone's great advice thus far in my case against Midland Funding. My wife and I have our pretrial conference in a few days and was wondering if anyone had any tips / suggestions or what to expect or how to respond to the Midland Lawyers. I just filed an opposition motion to their motion for judgement of the pleadings last week and filed a motion to strike the affidavit of debt. Sent a request for prodction of documents with no response yet. Any and all suggestion are welcome. Thanks!!!
  11. I got a call this morning from plaintiff. I let it go to voicemail. They want me to call them and discuss arrangements with them. LOL, all I can say is that i must be doing something right. Pretrial is August 2nd. I didnt call back and dont plan on it. Or should I call and say I will agree to a dismissal with prejiduce, my costs, and it taken of my credit report. Of course demand all in writting. Or should I go ahead and just to the pretrial conference?
  12. My hubby being sued for CRAP1. We live in ARIZONA. They served ME (WIFE), and wrote Jane Doe. Didn't give out my name to the server, and I saw that they documented me not giving out my name, when the lawyer tried to do summary judgement on us if no answer from us. (but we send in last minute for them) Our "helper" (thank you!) told us I don't have to worry about answering the summon on MY part. It's his debt, not mine, he opened/delinquent before our marriage. Our summon/complaint DID NOT have any exhibits of any proof that we owe money to capital one. (but we know this is his cc lol) So, when we filed our asnwer, this is what we wrote. **************************************************************** IN THE ARROWHEAD JUSTICE COURT OF THE COUNTY OF MARICOPA IN AND FOR THE STATE OF ARIZONA CAPTIAL ONE BANK (USA), N.A. Plaintiff VS. NAME Defendant ) ) ) ) ) CASE NUMBER: CC2ZZZZZZ1 ANSWER Now comes Defendant NAME, Pro Se, and for his answer states as follows with each numbered paragraph corresponding to the same numbered paragraph in Plaintiff’s Complaint: 1. The Defendant is a resident of Arizona. Defendant denies all other allegations averred at paragraph “1” of the Complaint. 2. If the Court determines that it has jurisdiction, then the Court has jurisdiction. 3. The Allegations alleged in paragraph “3” of the Complaint are denied. 4. As to allegation “4” of the Complaint, Denied. 5. As to allegation “5” of the Complaint, Denied. 6. In as much as Plaintiff has failed to attach a contract to its Complaint. Allegation “6” is Denied for lack of knowledge as to the alleged contract 7. As to allegation “7” of the Complaint, Denied. 8. As to allegation “8” of the Complaint, Denied. 9. As to allegation “9” of the Complaint, Denied. 10. IN as much as Defendant has denied any indebtedness to the Plaintiff the allegations of Paragraph “10” of the Complaint are Denied. 11. In as much as the Complaint does not apprise the Defendant of the basis for the Plaintiffs standing to bring suit, the Defendant is without knowledge as to the legal conclusion as to the Plaintiff’s status as a “Debt Collector” averred at paragraph “11”. Respectfully submitted, >>>>>>>>>>>>>>>>>NOW<<<<<<<<<<<<<<<<<< I've realized that I don't think we have affimitive defenses on here..... (Maybe I'm wrong) So now we have our ADR date (by the court, Order Setting Mediaton) in September. We also received from court for "disclosure statement" or initial disclosure My general question is.. 1. Should we send a letter requesting discovery? I think the disclosure statement kind of provide this, but not so sure. (states call it all different) (Disclousre statment asks you to put all of the information that you know to defend the case) 2. If disclosure statement is all we need to file, than how would we write this? (1)What are the facts supporting the claim? (2)A description of the damange(s) and copies of any exhibits that show how you calculated the dollar value of the damages claimed. Bring a copy of these documents / exhibits to any Pretrial Conference which may be scheduled (see 5A below) (3) What law supports your claim(s): (4) list of any witnesses (5) List of Documents and Other Information A. Any documents or evidence which would be available for review by the court which supports your claim. Bring a copy of thess documents / exhibits or a description of the evidence to any Pretrial Conference which may be scheduled. B. Any other information, documents or witness of which you may have knowledge, pertaning to this matter. 3. Do we stil send DV letter? What kind of "tactics" should we use to win this case? (at the time of filing, SOL was a bit cloudy for us, so we weren't sure if that was good to use) - 2008 cap1 states Virginia Law (3yrSOL) <Choice of LAW) The new SOL now is 6yrs. Problem is the last payment of the cc was Jan 2008, therefore SOL expired in Jan 2011. I've read the SOL post specific to AZ and found out that we still CAN use SOL as our affirmitive Defense, which we did not list on there. We can also try to argue that the NEW statue does not apply to us. 3. Should we include this SOL clause on our disclosure statement? 4. If we use the SOL as our defense, than we should attach the 2008 cc agreement as well on the disclosure stmt right? 5. what are the chances of winning (dismiss) by using SOL?? - I worry that the judge might say we live in AZ, you get to deal with AZ laws... NOT VIRGINIA - 2008 cap1 has ARB with JAMS They asked $1800 from us. 6. When does ARB come in to play? When do I elect ARB? with the DV letter? 7. Does ADR with court deny us from electing Private ARB? If this is a good method, we're gna go with JAMS ************************Thank you in advance******************* If there are other methods to win this case, please let us know. AND let me know if any of these info were confusing. Law Firm : Burton Lippman Law Group in Tucson, AZ
  13. Hello All. I have found valuable info in this forum but I feel I am stuck. I was served a summons back in June for being sued by Midland funding LLC, being represented by Jerold Kaplan Law Office. They attached an affidavit of debt from a lady in Minnesota who has "supposed" knowledge of the debt and a faded poor copy of a credit card agreement from original debtor. In the affidavit of debt was a valid account number from the credit card. The debt is within SOL in AZ. I filed my response claiming lack of privity and Failure of Consideration. I sent them a request for production of documents. I sent them my disclosure agreement and just received theirs. The evidence they listed for use was just what was attached in the original summons I was served. Midland stated the person who signed the affidavit is expected to testify. I go for my pretrial conference in early August and was wondering what to do next? I thought about a motion to strike the affidavit as heresay but I don't have the AZ Case law to back it up in memorandum. What do I do now? Thanks in Advance for any and all help! Is there any thing else I should do or be preared for?
  14. I am wondering if I have to list every question that the Plaintiff, PRA, has not answered sufficiently or has denied documents in my Motion to Compel. Or do I just make my motion and list the number of the question and attach a copy of the original admissions/interogs/document requests? I already sent a letter to plaintiff asking them to reanswer said questions and filed it with the court to show i have made repeated attempts to try and get information from them. Also, Do I file my Motion to compel before my pretrial conference or do I file it at the pretrial conference? THis conference is to go over discovery and a MSD. I have a feeling the Plaintiff is going to ask for more time which I will object to since they filed in Feb and have had discovery for the last 60 days ordered. I know if the Judge issues an order to comel answers and documents that there could be an extension of time but then I would think that the MSD would be ignored because that creates triable material.
  15. I have been sued in circuit court in Alabama by Discover card, OC, and the judge issued an order today setting a trial date that states To establish and facilitate the orderly progression of this case to trial and final disposition, the Court does now ORDER and DIRECT as follows: 1. This case is set for non-jury trial on July 25, 2011, at 9:00 a.m. I answered and denied all counts and demanded a jury trial in my original answer within the allotted time for answer. Anyone have any ideas on how to handle this? I thought we were promised a right to trial by jury. I am knocked off balance by this. Now what. Here is the entire order if anyone wants to throw in their two cents... TRIAL SETTING, SCHEDULING AND PREPARATION ORDER To establish and facilitate the orderly progression of this case to trial and final disposition, the Court does now ORDER and DIRECT as follows: 1. This case is set for non-jury trial on July 25, 2011, at 9:00 a.m. 2. All discovery initiatives pursuant to the Alabama Rules of Civil Procedure shall be begun so that discovery will be completed no later than 45 days before the above designated trial date. In the event the trial in this cause is continued from the date in Paragraph 1 hereof, all discovery cutoffs shall automatically be extended to conform with the new trial date. MOTIONS FOR SUMMARY JUDGMENT SHALL NOT BE FILED LATER THAN 45 DAYS PRIOR TO TRIAL DATE. ANY MOTIONS FOR SUMMARY JUDGMENT FILED LATER THAN 45 DAYS PRIOR TO TRIAL DATE SHALL BE SUMMARILY DENIED AS UNTIMELY FILED. 3. Either party may hereafter request a pretrial conference pursuant to A.R.C.P. 16. 4. Not later than 30 days before the above designated trial date, the parties are required to exchange the names and addresses of all expert witnesses who they intend to call, together with an adequate summary designating the subject matter on which the expert is expected to testify, the substance of the facts and opinions to which the expert is expected to testify, and a summary of the grounds for each opinion. 5. Not later than 10 days before the above designated trial date, parties are required to exchange the names and addresses of all other non-expert witnesses whom they intend to call, except rebuttal witnesses whose testimony cannot be anticipated before the time of trial. 6. Not later than 10 days before the above designated trial date, the parties are required to furnish each other either original documents and exhibits, or copies of original documents and exhibits, which will be offered into evidence during the trial of this cause. Documents and instruments to be used for impeachment only are not subject to the foregoing Order. 7. Statements and invoices for professional services, and for costs of goods which have been supplied, may be received in evidence during the trial of this case without proof of reasonableness, or necessity, unless, at least 7 days in advance of the above designated trial date, the party opposing the introduction of such evidence shall advise the offering party that the reasonableness or necessity of such charges will be questioned or challenged. 8. All documents and instruments in writing which are to be offered in evidence as exhibits shall be deemed to be authentic, and any signatures thereon to be genuine, and copies are to be received in evidence in lieu of the original, unless the opposing party filed written objection thereto with the Clerk of this Court within 7 days before the above designated trial date. All objections to such documents and instruments on any ground other than authenticity, genuineness of signature, and best evidence rule, shall be reserved for ruling at the trial of this case, and need not be made prior to trial. 9. Photographs, or copies, thereof, furnished by one party to the other in advance of the trial pursuant to this Order shall be admitted to accurately portray the scene therein depicted, and documents purporting to be correspondence, or copies thereof, which are furnished by one party to the other in advance of the trial pursuant to this Order will be deemed and admitted to have been sent by the purported sender and received by the purported recipient on approximately the date shown or in accordance with customary delivery schedules, unless the opposing party files written objection thereto with the Clerk of this Court within 7 days before the above designated trial date. 10. Failure to comply with the foregoing Orders, absent good cause, shall subject the non-complying party to and Order excluding from the evidence the testimony of the witness not disclosed or the exhibit or copy thereof not produced. 11. Any motions for trial delays must be in writing and must be filed pursuant to Justice Hornsby's Administrative Order dated December 21, 1990, pertaining to "Attorney Calendar Conflict Resolution". 12. The parties have the right to mediate any or all issues of this cause pursuant to §6- 6-20 of the Code of Alabama and are encouraged to attempt mediation. Should the parties fail to agree on mediation, then for the Court to order mediation, a motion to mediate must be filed with this Court at least 45 days prior to the trial setting in this cause, or said motion shall be deemed denied as untimely filed. DONE this 18th day of May, 2011.
  16. So I had my first pretrial conference at the end of may. At that pretrial the judge postponed their Summary judgement until there was time for Discovery, admissions, and Interrogatories. I submitted mine that day and have recieved their answers. Denied or objected to all admissions, interrogatories, and all documents requested. The judge had informed plaintiff that they needed to produce more that what they had and even said he assumed they had more. Like I said nothing new has been provided. I am answering their admissions, interrogatories, and documents. I am wondering what I need to do for this pretrial? I am assumeing the judge will now go over new evidence, which there is none, and then go over their Summary Disposition. I already put in my opposition to the summary disposition along with a motion to strike the evidence of the affidavit, due to violating the time allowed to have signed it, bill of sale, statements and credit card agreement, because there is no identifiable information on any of them aside from my name on one statement that only shows a zero balance due. Should I ask at the pretrial conference for it to be dismissed due to lack of evidence? or do I have to ask for a summary disposition in my favor? I am nervous for this one coming up. There is a lot of paperwork to go over and I want to be prepared.
  17. I am sending out a letter to the Plaintiff tomorrow requesting they amend answers to admissions, interrogatories, and provide the requested documents. I figure this will show repeated requests for documentation. For the Pre-trial conf. This is what I have ready: 1. The request for them to amend answers and provide documents 2. Motion to Compel answers for admissions, interrogatories, and documents. 3. My reasoning to object to their admissions, interrogatories, and document request with case law if available. 4. Motion for Dismissal of Plaintiff's Motion for Summary Disposition. Case law where appropriate. 5. Motion to Strike Cardholder agreement, billing statement, bill of sale, and affidavit in support of Plaintiff's claim 6. Motion to Dismiss with prejiduce ( in case I actually win against the MSD and get the evidence struck) Am I forgetting anything? is there anything else I should be prepared for? If the Plaintiff asks for more time for discovery/to get there documents in order can I object??
  18. Prologue: I started my first thread here over a year ago and the short of it is - sued by JDB, responded, 75 days later - no pretrial, no interrogatories, letter from judge - dismissed without prejudice - lack of prosecution. Fast forward - new alleged debt, same JDB, sued in Feb. of this year. Different judge. Responded, 14 days later sent interrogatories by JDB. Pretrial scheduled with the plaintiff appearing by telephone. Answered interrogatories (this forum truly is golden) and sent interrogatories of my own 10 days before pretrial. My pre-trial experience was an effing joke. I know this won't help many as everyone's judge, plaintiff, courtroom is different, but you may be as lucky as me in the ineptness of your opposition. I'm writing this mostly because other folks' first hand accounts helped me big time and I'm more than happy to share mine in hopes that it benefits someone and I kinda still can't believe how this all actually works after showing up in court for a pretrial conference. Justice in motion is truly something to wonder at. I showed up and found my courtroom. The docket was posted on the wall outside. There was a lady one case ahead of me with the same lawyer that I was to face on the phone. I was hoping to get to see (or hear as it was) this character in action and fate favored me on this one. So I enter the court room and there's about 5 people and the bailiff sitting down. The judge and his two ladies aren't there. I sit down in the back and the bailiff asks me my name and checks me on the list. I asked him how one gets the privilege of appearing on the phone and he laughs and asks me if I live far away. I kinda joked back about how far away is far enough and he was on my side about the matter. It didn't really sound democratic in a sense. They can sue you, not provide one shred of anything in the way of evidence and call in by phone to collect by a MSJ. Priceless. The judge and 2 ladies come in, court starts, the woman who is one case ahead of me is called - This nice lady was being sued by "To big to fail". They call the lawyer guy (who happens to be on an out of State number according to the bailiff) he answers and boy is he nice! Mr. congeniality. Of course he has no idea who the lady is in the chair at the microphone and they are making a motion for summary judgement because the nice lady didn't pay. Nice lady - not able to pay, was sold some credit counseling which made matters worse and thought it was pretty crazy that "to big to fail" could charge her $570 a month in interest alone on what was originally a pretty small amount. I wanted to cry. And give her my card. But it is probably way to late for her on this one. She had no lawyer and no real knowledge of what she was there for exactly. Maybe her 'credit counselor' told her to just tell the truth - I can't pay and it's not fair that they can charge me so much. The lawyers contention was that everything was in the cards terms, this is how it works and that's that. She had answered the lawsuit and the lawyer guy was really sorry that his computer was down and he didn't have her answer in front of him, but would provide the required docs to the court to satisfy the motion for summary judgement within the 25 days required. So the judge explained to the nice lady that he would wait for the docs from the very nice lawyer/actor/voice guy and that these would show him what he probably needed to see to award the summary judgement and thanks for playing. Don't call us we'll call you. It's safe to say this lady was just crushed by the lawyer for the "plaintiff" and he didn't even know who the hell she was other than a name on a list of phone calls for the day. It was decided since I was in the courtroom and the person/persons in the next case were not there they asked the bailiff to ask me if I wanted to go next as the lawyer guy was still on the phone. You bet! Mr. congeniality has the same spiel for me and apologizes profusely for his screen being down and not having my answer in front of him. The judge starts to give me the same speech I just heard him give the nice lady about how he'll give the plaintiff more time because he does it for defendants too. I politely interrupt and ask him "what about our discovery?" He looks at me a little funny and I continue to explain to him that the plaintiff has served me with discovery documents, I've replied and served my own. The judge responds jokingly "he didn't know that" and asks the lawyer/actor if he's aware of this and the lawyer guy is just still real sorry he can't look at what it is we are talking about because he doesn't have it in front of him due to a technical difficulty. The judge responds a little uncomfortably that he'll have to take my word for it and I respond there is no need for that and hold up my return receipt from the post office. The judge explains that I'm holding up proof of service and the lawyer guy is even more sorry he can't comment because of his technical difficulty. So the judge moves to allow more time for the plaintiff to find my discovery responses and requests for discovery and that the law allows for 25 days for answers. I look at my green chit and mention to the judge that a Mrs. so and so signed for it on this date. He continues the case for 25 days from my stated date and explains I'll hear his decision after that time. I thought about objecting for about one tenth of a second. I didn't - but next time... It's been 38 days and I've yet to hear from anybody. I'm not sure what to do. Should I file my own motion to dismiss or wait to hear from the judge? The plaintiff obviously has not responded to my discovery requests in the allowed time. What I learned - no reason to be nervous - just pretend you are going to the DMV - authority figures abound, but they work there everyday and may even be on your side to some degree. the judge knows you're pro-se and is supposed to 'go easy' on the legalese with you. Mine did. He seemed surprised by the whole discovery thing. Like - really? They already sent you discovery and you already responded AND sent your own discovery requests? Thanks in advance for any responses to my question and comments are most welcome. Especially from those of you who have experience inside a courtroom.
  19. :confused:hello 1cuzz22 here,I am being sued by capital one bank and have recieved a court summons to appear for pretrial conference by Zakhheim & Lavrar,P.A.I called cap 1 and they stated it was handed to Zakheim for collection.On my credit report it says this was charged off as bad debt and closed 06/2009 and I think I stopped paying on it in 2006 or 2007.After reading ur threads i was called this morning by Zakheim and offered to settle so I informed them my credit report says this is charged off as bad debt and was going to report them to Florida bar as recommended by lawyer consultations at which time they hung up.The debt is under $5000.00 and they included a billing letter from cap 1 stating an amount less than what is on credit report and after reading alot of info I assumed this was a purchased junk debt but after calling cap 1 they said it was transferred for collection so was i wrong to tell them i was going to report this to the bar or is this really from cap 1 and i messed up?I've been unemployed for 3 yrs now and have no income aside from foodstamps and am living with and off my mother as I'm 48 and lost.I have been trying to get a lawyer pro-bono as i have no assets aside from my junk van.Not sure if SOL applies as I can't get any info from cap 1.So as u can tell I desperately need help as the hearing is set for 8/11/2011.Any help will be greatly appreciated and GOD BLESS us ALL
  20. I am in Michigan. At pretrial conference the judge gave the plaintiff 60 days for discovery. I served the plaintiff with interrogatories and admissions. It has now been over 28 days, the time alloted to answer admissions and interrogatories in Michigan. Do I now file a Motion to Compel? or what is my next move? can I ask for dismissal of complaint or Summary disposition? or would that be a waste of time and money because they have time before our next pretrial conference? I have heard nothing from the plaintiff since pre trial conference. They never responded to my amendments, opposition to summary judgement, motion to strike evidence, or the admissions and interrogatories. Thanks for any information. Anyone have an example of the Motion to compel? I cant seem to find a sample.
  21. Should I try to file a motion for summary judgment with my case against portfolio? I have recieved no evidence from them at all, they subpoenaed the OC and as of yesterday (documents were due 6/20/11) they had not gotten any paperwork from anyone, or so they say. Should this be done at the pretrial conference? I want to make sure my ducks are in a row as I hear the judges in my area are not very consumer friendly.
  22. Hello everyone, Here's where im at, i have filed my answers along with affirmitave defenses. i got a disclosure statement in the mail along with 4 exhibits(mind you i did not request the paperwork) a generic copy of the credit card agreement, affidavit from midland employee, generic bill of sale between best buy and midland(this does not have my name on it or account number) and finally a statement from midland showing the amount owed, the oc account # and oc name. i have been reading and reading. At this point i know i would have to file a motion to strike the affidavit as hearsay, what would i have to do with the other items? Would i file a motion to dismiss? or would i have to file a motion to strike the bill of sale? This is where im getting confused. This is the steps that i know so far 1. Being served 2. filed answers with affirmative defenses 3. received atty disclosure statement 4. do i file motions to strike here? or do i need to send in a request for discovery? Ask for a signed copy of the original contract, ask them to show proof payments were made? ask for payment history from them and the o/c? then i know the steps from here 5. pretrial conference (date is set for 5-2011) 6. trial i am confused on step #4 again thanks everyone for your help!
  23. Hi everyone.... I've been reading through this site for hours now and I think I am more confused than ever. I was served with a Summons to Appear for Pretrial Conference on 5/24/11.... and up until today I haven't had the energy or ability to be up and moving (recently had surgery to remove cancer). I am supposed to appear at the courthouse on 6/27/11. I would most definitely like to dispute this. I received the summons, along with copies of 18 months worth of account statements. This is a credit card that I had to stop paying on in July of 2008 due to the loss of my job and the economy. Since the loss of that job I have not been able to catch up on anything (thanks to working in the mortgage industry). It all just keeps snowballing. Do I have any chance at possibly getting this dismissed? I've read about people who have mailed notarized letters for debt validation. I'm just wondering if it's too late for me? I definitely cannot afford to have a garnishment or a frozen bank account. I truly do appreciate any advice that can be offered 1. Who is suing you? The plaintiff is Midland Funding LLC 2. For how much? $4960 and change 3. Who is the original creditor? Chase Bank USA NA 4. How do you know you are being sued? Was served with a Summons 5. How were you served? Were you served? Served at my home. 6. What was your correspondence (if any) with the people suing you before you think you were being sued? I'm sure phone calls. I had to stop answering my phone a long time ago for numbers I don't know. 7. Where do you live? Florida 8. When is the last time you paid on this account? My last payment was in July of 2008 but my credit report shows the account as being last active 11/2010. 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). Clerk of the Circuit Court website for Hillsborough County indicates that the status of the case is "Open". 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. No. I didn't find out about it until receiving the summons. 12. Does your summons require a response in writing? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? It does not indicate that it requires answers at this time. They are claiming that: I owe them the amount due for the Chase account. 13. What evidence did they send with the summons? An affidavit? A statement from the OC? Anything else they attached as exhibits? They included the following: A. 18 months of account statements, beginning 9/2007 and ending 2/2009 14. What is the SOL on the debt? I've read that in the state of Florida it's 4 years. I'm definitely not outside of that time frame yet.
  24. If I submit Interrogatories asking about documents submitted does this cover discovery? Or do I have to specifically ask for the documents wanted? ie. Bill of sale with identifying information of defendant, cardholder agreement with identifiable information of defendant. They have submitted some "evidence" with their request for Motion for Summary Disposition, the Affidavit, Bill of sale, Cardholder agreeement, one Statement, all of which I Motioned to strike from the complaint because 1) the Affidavit violates civil rules, not being signed within 10 days and the affiant has no personal knowledge OC records, 2)Bill of sale has no identifying informaiton, is vague and could be referring to anyone, 3) cardholder agreement, again no identifying infromation as to defendant 4) only shows that I show a zero sum balance to OC , no record of transactions or as to how the balance was arrived at. I submitted my Opposition to SUmmary Disposition and Motion to strike Evidence at the same time. I have a pretrial conference coming up and am going to ask for Discovery and Interrogatories. I just want to know if I have to ask for more documents seperate from what they have submitted, or because I ask questions about them in the Interrogatories this covers it already. In Michigan u cant ask for a motion for discovery until you have already asked the party to provide documents and they dont do so on their own. I asked in my Answer to Summons and Complaint for strict proof of ownership, chain of custody of records, and any documents pertaining to the alleged debt. Does this count as already asking them for discovery? they then submitted the Bill of sale, the one statement, and a cardholder agreement. Is this everything I would ask for anyway? and since they are all being asked to be stricken would there be anything else that they would/should produce? So I guess my question is do I just ask in front of the judge for the Plaintiff to answer the interrogatories and to produce documents that Identify the defendant (me) in said documents. Also, if the judge grants my motion to strike the evidence, do I then ask him to dismiss the case with prejiduce at the pretrial coference?
  25. Three days ago as I was going to drop of some things at my mom's I noticed a card in the door jam. I removed it and saw that it was from a Process Server looking for me and called the number. The gentleman on the other end was not very well spoken and quite rude. He asked me what my address is and where he could find me. I told him I didn't feel comfortable with him coming to my home as I don't know him, why he's looking for me, or if he is a safe individual to provide that to. He rudely explained he would find me one way or another, so I stated he could meet me the next day outside of my work. I received my summons at my place of employment and did not sign for it. The gentleman that delivered it was the same one I spoke to the evening before and not only hit on me, but also asked if I was married. I asked him if he was legally allowed to ask me that question, he stated that he is required to, so I told him yes. He handed me my summons and drove off. The summons is for a credit card with Citi Bank. They are the plaintiff, and their attorney is Patrick A. Carey out of Orlanda, FL. My mediation is set for June 2nd, and I am absolutely terrifed and unsure of what I should do next. The basic information of this summons is as follows: Citibank vs. Me. Complaint: Plaintiff sues defendant and alleges: 1. This is an action for damages in the amount of $2410.95. 2. The court has jurisdiction over the subject matter. The defendant's transactions occurs in said county and or defendant is a resident. Count 1 (Account Stated) 2. Plaintiff re-alleges and reincorporates in this count paragraphs one and two above. 4. Before the institution of this action plaintiff and defendant has business transactions between them and agreed to the resulting balance of $2410.95. 5. Plaintiff rendered billing statements to defendant seeking reimbursement for those payments; a copy of the final statement showing the balance due is attached as Exhibit "A"; Defendant did not object to this statement. (The dates on this is 2 November 2009). 6. Defendant owes plaintiff $2410.95 which is the balance due on the account. Wherefore Plaintiff demands judgment against the defendant in the sum of $2410.95, together with costs, and such other relief as the court may deem just and proper. Count 2 (Money Lent) Basically just reiterates that I owe them the above amount. As does Count 3 (Open Account). I'm not sure if I'm dead in the water, if I have a chance to fight, or what? The exhibit just looks like a statement someone would send in the mail. There is no copy of a signed contract (which I never signed) or anything else. What should I do? Do I answer? Do I fight? Or do I roll over? Any help would be greatly appreciated. I'm a married 22 year old college student who over extended and works their a&#036;&#036; off. I can't afford a lump settlement or much monthly as my husband is a server and works seasonally. Please help, I'd greatly appreciate it.