Search the Community
Showing results for tags 'Discovery Issues/extension'.
Found 1 result
HELP! I live in Utah and am Being sued by Asset Acceptance. Johnson Mark, LLC are the attorneys. I'm stressed to the max. I have no job, no assets, suffer with a Crohns Disease-like ailment. I live with my mother and am dependent on her at the present time. She is living on Soc. Security. Not good. I know this request is lengthy, but i wanted to give you the background necessary to make appropriate suggestions. I thank you for any help you can offer. Summons/complaint received 01/21/2013. Plaintiff claims I have an account with Bank of America and have defaulted on it. They, by assignment, now own the account. I truly don't remember having this account. I have no documentation of any kind to say that I do or did. I had received two letters prior to complaint, to which I responded with denial of account knowledge and requests for validation of alleged account and debt. Responded to complaint Feb 02, 2013 with another letter of denial and a copy of the original validation letter sent previously. I then received a Certificate of Service and Plaintiff's Initial Disclosures sent Feb 25, 2013 which included a photocopy of a "Bill of Sale and Assignment of Loans" labeled Exhibit C, a partial cardholder agreement consisting of two pages, statement of a witness, Elizabeth Gamache, and computation of damages totaling approximately $4,954.00 including attorney's fees, balance, interest, etc. February 26, 2013 Plaintiff sent First Set of Discovery requesting Production and Admissions, to which I responded March 20, 2013 with answers, mailed cmrr. Then I got a service for Motion to Change Venue from St George to Salt Lake, which I agreed to. That was probably a mistake on my part, but I did not contend it. Motion to change venue was granted and then I was notified of a pre-trial conference hearing, which was a joke. However, that's where my current problem begins. During the hearing in June, I agreed to produce three years of bank records (2007 - 2009) for the plaintiff''s perusal. There were no payments of any kind to Bof A during any of those years and I did not feel there was an issue in releasing the records for that use. Since the commitment of those records at the hearing, I have received another dunner from another company that very possibly will be represented by the same attorneys currently representing Asset Acceptance, and no longer feel the security of sharing those records. As a result, I hesitated and did not respond in a timely manner to the opposing attorney. I have just received service of Plaintiff's Statement of Discovery Issues, an unsigned order for production of the records, and a Motion to Extend Fact Discovery Deadline for three months and a Memorandum in support of Plaintiff's Motion to Extend. The fact discovery deadline for this case was July 23, 2013. I was also supposed to amend my answer, per the judge that attended the hearing (not the judge of the case). I have been struggling with that, trying to figure out affirmative defenses. The attorney is claiming that I did not repond to his Discovery requests in February, but I did. So I'm totally lost and have no idea how to combat this. What options do I have? Can I file an order to protect??? Do I stand on the defense that the Plaintiff must show proportionality? I did read something about them having to prove that my bank records are crucial to their case. In what way, other than to get ready to collect in the event there is a judgement approved? Thank you again for any help you might be able to offer. Hope KentWA is available to help. I know he's an expert on Utah Law. One more question, if the Plaintiff''s request for extension is approved, does that allow me to continue with discovery also??? Can I ask for Production and Admissions as well? Thanks again for any help. I'm earnestly waiting...