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Hi all. I've read all I can about how to handle a lawsuit with Hunt and Henriques. However, there are some things going on that weren't covered and I'm a little off track. Help? Below are events and questions pertaining to those events. Please someone assist me. Here is the order of events and next steps: Case Filed: Mar 16 2021 Served: Apr 1 2021 Defendants Answer: Jun 21 2022 (i know late) Bill of Particulars: Jul 7 2021 Plaintiff responds by attaching account statements. A person not a part of the case signed the paper with the wrong date and a name crossed out. ??? The Plaintiff (lawyers) have filed most of their papers using someone not a part of the case and with inaccurate dates. Is that a thing I can do something with ??? ??? does anyone have a case record in California that proves account statements are not valid proof ??? Case Management Conference: Scheduled for Aug 19 2021 Plaintiff files Case Management Conference Statement : Jul 21 2021. claims we met and conferred which we did not. Plaintiff send requests for Documents, Admissions, Interrogatories. Set One : Dated May 10 2021 - actually sent Jul 20 thereabouts. Defendant sends responses to Request for Documents, Admissions, Interrogatories : Dated Jun 26 2021 to be in accordance with time frame. Proof of Service sent. Filed with the court on accident, actually. Sent Certified Mail but forgot Return Receipt. Plaintiff files Motion for Order That Matters in Rqst for Admission of Truth of Facts be Admitted, Along with Proposed Order : Dated March 16 2021 : Filed Jul 25 2021. Based on fact that they never received the Response. Defendant files Memorandum and Evidence in Support of Opposition to Plaintiff's Order for Facts be Admitted : Aug 16 2022 Defendant files Case Management Statement : Aug 17 2022 Case Management Conference : Aug 19 2022 - Trial Date Ordered for Jan 9 2023 Plaintiff's Motion for Facts Admitted is Denied. Oct 3 2022 ... out of sequence ... I know that Bank of America doesn't have an arbitration clause but I found some other compelling arguments so I tried this... Defendant Files Motion to Compel Private/Contractual Arbitration To Stay Proceedings Pending Arbitration : Jul 7 2022 : Recorded Aug 23 2022 in Court records. Plaintiff sends me Memorandum in Opposition to Motion to Compel Arbitration : Jul 25 2022. Doesn't appear in Court Records. Defendant Files Reply to Memorandum in Opposition : Aug 10 2022 ??? Court returned Motion WEEKS later stating I didn't pay $60 and to re-submit original(s)... Should I re-submit this Motion at this point ??? (Today is Oct 10 2022 and a Trial date is set for Jan 9 2023) The is also a returned Defendants Reply to Opposition of Arbitration stating I didn't pay $60 and to re-submit. ??? yes / no Next Steps: Defendant will send Request for Production of Documents : End of Oct 2022. Any and All types of evidence. ALL DOCUMENTS relating to or constituting ANY assignment between Defendant and Bank of America ALL DOCUMENTS relating to or constituting ANY assignment to plaintiff ALL DOCUMENTS constituting statements of alleged account number ending in 6839 showing all payments and credits from inception until present (WHICH THEY ALREADY HAVE AS AN EXHIBIT IN REQUESTS FOR DOCUMENTS, ADMISSIONS, INTERROGATORIES) Defendant will File Motion to Compel Bill of Particulars : Nov 2022 ??? yes / no Defendant will subpoena witness(s) propounded as evidence to back up the bank statements ??? yes / no Then what ??? Next Steps ??? QUESTIONS: Is there a successful example of a motion in limine to prevent the use of any evidence at trial ?? When do I file this ??? Do I file this ??? Am I missing anything? Am I screwed? Help? Kevin
OK... I am going to be brief as possible, and instead of my usually super-duper narrative, I'm going to summarize the facts, as time is of the essence, here. My mother is ill, and I am acting as sort of an "ombudsman" in the context of this issue. BACKGROUND: My mother is quite driven, always paid all debts on time.. Previous divorce, 1997, lost it all. Rebuilt credit, bought house, et cetera. Outstanding credit score until loss of income. she's currently going after SSDI with a great case. Husband works 6-7 days a week to pay mortgage, etc., since mother's loss of income. SITUATION My mom had a Capital One credit card. There was a balance of roughly $7,500 when she lost income. Account was closed. She tried to work with them on a payment plan, CapOne sent it to attorney's offices. Payments were being made monthly, $150, until she was unable to continue. Medical bills are horrendous. Just yesterday, Sunday May 16, she attempted to spend $3.49 at CVS, her Check Card was declined. Her husband had just deposited $1,500 to pay a different debt in full, so she expected a positive balance. She never overdraws... Upon calling the bank (Sandy Spring Bank) on Monday morning, they informed her that a "court attachment" had been placed on her account of approx. $7,500, this is the remainder, plus fees from CapOne MY QUESTIONS: -How is it that she received NO mail/service regarding the pending seizure of her personal checking account? -Why was the entire judgement taken out of her account? She had $1,600 balance. They should have been able to garnish THAT, but apparently, because she's now "overdrawn" by nearly $6,000, her debt to Capital One has become a debt to Sandy Spring Bank?? -The judgement against her was issued in December 2013 -The timeline of the garnishment is below: Today's date is May 19, 2014 BELOW is the verbatim copy from the Maryland Judiciary Court Search. Type: WRIT OF GARNISHMENT OF PROPERTY Complaint No.:001 Date: 04/17/2014 Comment:I;04292014;GRP;001;WRIT OF GARNISHMENT OF PROPERTY ;ATP Type: NOTICE SENT Complaint No.:001 Date: 04/29/2014 Comment:NOTICE OF WRIT OF GARNISHM. OF PROP. ISSUE (ATP)-U4 I am to understand that she may file a Motion in the Circuit Court for an EXEMPTION of up to $6,000 within thirty days of service. What I am supposing is the second date above being the date they mean for the 30-day-clock to begin ticking. Please, let me know how best to proceed. Everything I've read indicated that she should have received/been served SOME manner of written notice of the pending garnishment, or that such a motion by the plaintiff had been filed/granted. We got NOTHING to indicate this was in the works, as obviated by her recent deposits and surprise at having had her card declined which hasn't ever happened to MY knowledge... Are we still within thirty days to file for exemption? We are on our way to the courthouse now, I am typing this on my laptop in the car, so please excuse any artifacts and errors. THANK YOU for your time and attention, I look forward to any (serious) response, and I remain, Quite Sincerely, RPC