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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 ha
  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 f
  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
  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 Proced
  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
  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 su
  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 read
  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
  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.
  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 t
  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
  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
  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
  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
  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 consultati
  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 s
  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 wou
  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
  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 knowle
  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