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Found 7 results

  1. Hey everyone. I was served papers from discover card. They are being represented by Blitt and Gaines PC - A fairly active debt law firm. I would love some advice on my case. Most of my hangups are on procedural stuff. I really am having a hard time finding answers for that. I will preference this by saying, my goal is to cause enough legal trouble for the plaintiff that I can settle for 50%. total debt is 3700 I filed a motion to dismiss for insufficiency of process. Citing Indiana Law 12(B)4 - which says insufficiency of process is a valid motion to dismiss. I cited Indiana law 4(C)5 which requires the complaint served, to have all time limits and consequences of failing to meet time limits. The complain I was served gives no information regarding my Plea/answer. It threw me off for a couple weeks. It really seems that the time limit of 20 should of been included in the complaint. The part that really has me confused is, the plaintiff responding to my motion- in a sloppy and in factual way. they stated that my motion was for insufficiency of service, and that I stated no information regarding improper service. I was clear in my motion to cite the law for Insufficiency of process. insufficiency of service in Indiana 12(B)5. The judge "duly noting" the plaintiffs response, denied my motion. If someone could give me some insight that it would be great. Moving forward I have time to file my answer. Should I use every affirmative defense I can think of? A lawyer told me that, But i read that when a defendant uses a affirmative defense the burden of proof comes on the defendant. My two defenses are the insufficiency of process, and attacking the affidavit. The affidavit does not seem to adhere to Indiana trial code. 9.2 - which states it must be "substantially similar" to appendix A-2(form) - Which has separation for interest and Fees. The affidavit does not have any information on interest, fees, or total of them. I believe I am past my time for motion to strike. I also tried to negotiate with the debt agency after I was served papers. So I don't think denying every allegation against me would be wise. Advice on that would be great. How can i deny that i failed to make minimum payments etc? Where can I find info on procedural stuff. I would gladly pay for legal advice, but I can't find a law firm that will simply answer my questions without doing the whole thing 100% I was served papers Feb 7 and my hearing is already going to be March 23. I am having difficultly finding my time lengths. and how I file motions to strike, discovery, etc. any way, Hopefully someone can google and find this to help themselves. Any help I can get is greatly appreciated. Thanks everyone. Love the site and forum.
  2. I am helping a friend with a case. The friend is the plaintiff. The other party was served, but when it came to serving a request for production of documents, and sending interrogatories they are refusing the mail. So she wants to file a Motion to Compel. I am assuming in that we also need to file in the Motion, a declaration and also do we need a MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT FOR ORDER COMPELLING RESPONSES TO REQUEST FOR PRODUCTION within that motion and added to the tile of Motion of Motion to Compel etc, . Do we also need to add this at the end - NOTICE OF TENTATIVE RULING SYSTEM . Is Sacremento, Ca the same as neighboring counties in that area of California. I called the court, they do not give advice but direct you to rules and I could not find the exact rule to use. I her you have to send a meet and confer letter, but is that mute because they are not accepting the mail or service anymore- basically evading.
  3. Hi Any advice? here are the basics Sued by Cavalry Served July 28th. . .. had 20 days to answer Provided answer on the 20th day (August 18th) Last day was Aug. 18th based on calculations made following court rules here in Pima. I also sent them the Answer certified mail. The Answer also showed on the court website minutes after paying the fee and filing. Certified the mailing on Aug. 20th. (Makes me think they did not even look at the court website to see if I answered) I received a copy from their offices today (Aug 22) I have ten days excluding weekends and holidays (according to the justice court rules) to Answer. . .. . My questions are as follows: How best to answer this? should I use a format similar to the original answer? Did they make a misstep in filing for default. . . .if so. . .how do I best exploit it? Has anyone had experience in the Pima county justice courts with fighting JDB's? Any advice or suggestions would be very helpful Thanks
  4. Hi Everyone, Just curious, is there a effective way by Pro(s) like you all, to pull case law ( in California) ? I feel like finding a pin in the ocean,... I am trying to find some case law that the defendant files for motion summary judgment Vs. plaintiff, as they plaintiff does not have any contract with defendant. Million thanks,
  5. Hello there. To start off with I am in Seattle, WA and this was filed in King County Superior Court. So in the midst of reading through everything on this forum, I like many people are stumped on how to handle the motion I just received and on what I can actually do at this point. History - I received a summons from Suttell & Hammer on behalf of Midland, LLC back in Nov 2012. I admittedly did not respond to the summons because it did not appear real or to be not actually filed, no date stamp, nothing. There was no document filed with the courts until Feb 2013. To which I received nothing until today. Today - May 4 2013 - my girlfriend was served, well she wasnt because she wouldnt accept but the individual just left it on our porch an "Order and Proceedings Supplemental To Execution and Order to Show Cause Pursuant to RCW 50.12.070. In this motion, it states that I have to appear before the courts on May 29th, 2013 and produce all this paperwork (of which I am sure you know of)... bank statements, assets, vehicles, etc. At the end of the motion it states: "The Judgement creditor's attorneys are debt collectors. This is an attempt to collect a debt. Any information obtained will be used for that purpose. If you fail to appear, the Court may enter an Order for Judicial Subpoena to the Department of Employment Security." Of course the included the questionnarie that I could return with ALL of my personal information - which for the record, I am NOT giving those a*holes any of my personal records. I know I made a mistake not replying to the summons (perhaps, which wasnt from the courts), but at this point that is a mute issue. So here is what I would like to know. Do I have any ability at this point to fight them? Can I make them prove the debt at this point? Can I ask for a continuance - legitimately because I am teach that day and also because I could use some extra time to think? It appears to me that if I sign their little form and give them all the information in the questionnaire, they can just do whatever they want, which I am again, not going to do. However, I am trying to figure out if I have to go to court and what might happen if I do or if I can not appear and if all they will get is the order to the department of employment security? Unlike other people, mine does not read it would be contempt of court. I just says, the Court may enter... Second, my understanding is that if they get the employment record, they can garnish my wages - but wont be able to touch my back accounts. I honestly dont care if they garnish me. If its going to happen, its going to happen. I would prefer no, but at the same time if I can just limit them to that, I am fine with that. It just scares the **** out of me that these a*holes could get their grubby hands on my account info. Which I know is not legit. Also, I do have some assets, limited, but some. Like I own a Harley because my father gifted it to me. I dont want them touching that either. Any thoughts or advice on how to deal with these guys at this point? Thanks, Tylir
  6. Hey All... So I've been sued by a JDB and my original trial date was in late fall of 2012. I was unaware of this site so I did not have a strong urge to fight tho' I did answer the Complaint with denials and in retrospect an affirmative defense that is technically not "allowed". I had no idea what credit card the JDB was referring to but suspected it might be one that was covered under a Bankruptcy that I filed a year ago. So my one affirmative response was that the card was covered under the Federal Bankruptcy. I realize now that is not an actual "affirmative defense" under the CA Civil Code. right? I really was sideswiped by a flurry of life emergencies and never followed my answer with any BOP, or Discovery or anything. I wrote the Court a letter asking for a Continuance as well as sending a copy of that letter to the JDB. Amazingly the paralegal at the JDB's office was accommodating and said they were fine with moving the Court date up. As it turns out the Court itself had Continued the case and set a Court Date for this summer already! Before I even had sent the letter to the Court asking for the Continuance! Neither the JDB or myself were ever notified of this. So here we are with the new Court date in the summer. Soooo...my question is..do the timelines of all the Motions etc.. apply as if the continued date is my intial date..or have I lost my ability to in essence fight my case because I've past the deadlines for the original Court date which was in the fall of 2012. I have actually sent out a BOP (after reading this incredible wealth of info on this site)...and waiting for a response. I have read the CA Civil Code of Civil Procedure and frankly I don't quite understand it..tho' I'm not sure I know how to accurately interpret it anyway..Below is a portion that I was perusing.. 2024.020. (a) Except as otherwise provided in this chapter, any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for the trial of the action. ( Except as provided in Section 2024.050, a continuance or postponement of the trial date does not operate to reopen discovery proceedings. 2024.030. Any party shall be entitled as a matter of right to complete discovery proceedings pertaining to a witness identified under Chapter 18 (commencing with Section 2034.010) on or before the 15th day, and to have motions concerning that discovery heard on or before the 10th day, before the date initially set for the trial of the action. If anyone has any answers I would be so so appreciative!!
  7. Let me start out by saying I HATE being in the position of having to defend myself in pro per against a Junk Debt Buyer in Los Angeles County. I find the whole process stressful and frustrating and would love to hide my head in the sand until it all goes away. It's tough trying to learn on the fly and prepare the best defense possible (although boards such as CI are amazing!), etc. However, now that I've made my official moan and groan, I do realize that my best defense lies in preparing myself for a long haul, in anticipating and preparing for each step of the process BEFORE the issue becomes urgent. Even though I have not even had a trial date scheduled (CMR coming up in about 2 months), and I am still in the process of propounding discovery on the Plaintiff, and I anticipate trying the 'ol Motion to Dismiss I need to also focus on what I believe will be my fall-back before trial... Motion(s) in limine! I've been researching how to prepare a proper Motion in limine and have found some good information already. For example, I have found that some of the common types of motions in limine have included: - Evidence that consumes unnecessary time or duplicative testimony or evidence - Evidence that creates a substantial danger of undue prejudice - Evidence that confuses the issues or is misleading when weighed against the probative value of the challenged evidence - Evidence that lacks foundation - Inadmissible business records or other writings relied upon by a witness - Evidence that raises authenticity issues - Evidence that would be barred by the discovery rules - Exclusion of experts not disclosed in response to a CCP 2034.10 demand - Exclusion of witnesses not listed in the witness list - Exclusion of expert opinions based on speculation - Limiting expert opinion to those opinions provided in deposition testimony - Opinions from lay witnesses - Limiting witnesses to only those identified in discovery There are many items in the above list that I strongly believe I could lay a foundation. I want to throw a wide net over the foundations to exclude... if it works, then without the evidence then it subsequently leads to the logical dismissal (hopefully with prejudice). --------------------- What I have not found is an answer to my questions (remembering that this applies to Los Angeles County Superior Court): Can I combine several of these types/basis issues into a single motion? If not, why not? If so, how would I go about structuring the Motion/Title, etc? Any other input? Thank you all in advance for your assistance in this matter! I look forward to hearing from you.