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Hi All, Its been a long time since I've checked in. I did a little browsing on westlaw earlier today, and found a few federal decisions that viewed the Rocha and Rodgers cases unfavorably. As general matter, how are limited civil courts ruling based on this law when the affiant is found to be more than 150 miles away? Perhaps this is a question for Calawyer and Sandinca?

Just wondering if anyone has a list or a link to a list of general answers/responses that are safe to use when answering to plaintiffs request for production of documents. I really don't want to send them anything, first because it's a lot of time and work, and secondly, they will probably try to use something against me. for example, if questions like this were asked by plaintiff. 1. All correspondence between defendant and plaintiff.... 2. All Documents received from plaintiff...... 3. All Documents received from creditor... Thanks for all the help.

While out of work we got behind on our HOA assessments. The HOA Board (our neighbors) decided to file suit against us 4 months after a payment had been made when all that was owed were the 2013 assessments and a few late fees. The excessive collection fees, attorneys fees and late fees added up quickly. So we added fees (about $3000) into a Chapter 13 that was really filed just to get our mortgage lender to modified our loan. That strategy worked and this past August our mortgage lender modified our loan so we ended the chapter 13. At that time we also began trying to negotiate with our neighbors who are on the HOA board for a settlement payoff amount (like we had tried to do in the past). We suggested $1000 towards the junk fees (instead of $3000). They said $1200 but they demanded it be paid in 24 hours. We told them that was not enough time and to instead give us 30 days to get it in (as we knew we would have the money at the end of the month). they never responded and stopped answering our communication. In the past the collection attorneys (who are in Austin) that were handling the case normally always sent any notices to us in the regular mail and we always received them. But when they wanted the case to be re-opened (since the 13 was no longer holding them up) they did not send us notice of a hearing via regular mail. So unfortunately we had no clue that they were seeking a summary judgement. In November we received a notice from the court saying the case was closed but there was no other information. We thought ok great. Then for some reason in last month I decided to google my name. I saw that there was a "Sheriff Sale" (foreclosure) scheduled for February 3. Of course I panic. These collection attorneys did not contact my mortgage company about this and they did not contact me. It is my understanding they have to contact the 1st lien holder. WF says that they checked the title and there was no lien on the property...but it appears a lien was requested in November. So none of it makes sense. They also did not send us a copy of the lien they filed back in November. We looked it up. Since we had always received notices before it seems shady that the notices stopped. I contact these people about this and their response was we sent it certified and to your email address. Well I had never given them an email address. And they knew that I had not picked up any of the certified letters previously but did confirm with them that I got notices via regular email. Then come to find out they were sending an email to a family members email account. They were no longer willing to negotiate and refused a settlement pay off amount. So yesterday we filed a motion to set aside the default judgement and request a new hearing. The judge signed the order to set a hearing on the motion to set aside the default judgment. The judge also set aside the order of sale pending the result of the hearing. The judge said I cant tell you what objections to make...but you can go to the law library and research. I feel as though this judge is for lack of better words on our side in a way...by giving but not giving that advice. He also told the attorneys they could only get $500 in atty fess instead of $2500 like they requested in the default judgement. So I think we may be able to get this to be set aside. But I need to know how to do it and be pointed in the right direction. Is there a law or rule that can be used in this situation? At the time they got the summary judgement the amounts they requested were still questionable and being disputed. At that time we owed the 2014 dues and the disputed late fees. We have since paid the 2015 dues and have shown good faith all along to negotiate a deal. But these collection attorneys are not taking the offers - even the previous offer that the HOA suggested. It seems odd that our HOA would be willing to negotiate in August and now a few months later refuse to negotiate. I think it is the attorneys trying to get as much money in their pockets as possible as none of these excessive fees are going to the HOA. Any help, advice or direction would be so greatly appreciated. Thanks!

I got NOTHING but boilerplate objections from Midland Funding and MCM, not a single document or meaningful response and they denied my requests for admission without explaining why or providing any supporting docs for their denials. My 7/8 email to one of their attorneys got no reply and we just received a new case management order, requiring a joint motion not exceeding 3 pages re. discovery disputes. So I just requested their portion of the motion by Monday so we can file it on Tuesday. Can't afford the NCLC FCRA manual right now and don't know where to begin. Only have about 1 page for my side of the dispute and I doubt that any attorney has ever had to argue this as Midland would be sanctioned if they pulled this crap on an attorney and they'd have to pay his fees for the motion. Of course I get nothing but stress and mental anguish. Anyway, appreciate any suggestions for my 1 page to the new judge. I bet he'll be thrilled.

First of all, Thank you for your time & attention! Can someone help me by giving me an example or template for: -Praecipe to Submit Preliminary Objections -Preliminary Objections I took out 3 non-federal student loans to help pay for my undergraduate degree. My dad is my co-signer on these loans. I graduated then went to Asia to get my MBA with Syracuse. Crossing languages & countries- the Plaintiff didn't acknowledge that I was in grad school therefore they did not defer my loans. I have not mad any payment on these 3 loans. I was served papers for a civil action law suit (the court of common pleas) for these 3 loans. The promissory notes were not attached to the papers I was served. I HAVE NOT received a 10 day notice of Default Judgement My dad has been diagnosed with Parkinson's Disease shortly before I was served these papers. My two sisters are in college and my mom works. I need to take care of my dad. Summary judgement against me should be avoided if possible. **I need help with the Preliminary Objections! I need to file ASAP because its past the 20 days**