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Ready to throw in the towel! GGrrrrr


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Well It appears I'm am now S.O.O.L. I checked the court records today and see that our request for additional time is being objected to by the ca.

A summary judgement has been asked for. What should we do? Is the time to fight these bills past? One of the hospital bills should have been paid by state insurance...have proof! My daughter never received billing for the other hospital bills.

Any suggestions? PLEASE?!? I am rather surprised that our extension request is being ignored/rejected. Isnt it up to the judge?

:cry:

04/01/2005

DEFENDANT'S REQUEST FOR EXTENSION OF TIME TO ANSWER DISCOVERY/INTERROGATORIES

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04/05/2005 MOSJ - 54068371 Apr 5 2005 3:28:34:917PM Realized $ 50.00

MOTION FOR SUMMARY JUDGMENT ATTY ANDREW ENLOW($ 50.00)

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04/05/2005 OBJ - TULSA ADJUSTMENT BUREAU INC

PLAINTIFF'S OBJECTION TO DEFENDANTS' MOTION FOR ADDITIONAL TIME

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04/05/2005 ACCOUNT -

RECEIPT # 2005-885799 ON 04/05/2005.

PAYOR: JACOBUS ENLOW TOTAL AMOUNT PAID: $ 50.00.

LINE ITEMS:

CS-2005-677: $50.00 ON AC01 CLERK FEES.

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Aye...this is just the attorney trying to create/justify extra fees and his existence by filing paper with the courts. It's not up to the opposing lawyer as to whether you get your time, extension, however.

Under what grounds are you asking for a continuance though? And to what end will one serve you?

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Hey doc..thanks for the support!!

Okay, if the battle isnt over, whats my next move? Do i continue working on this Discovery/Interrogs and get them to the attorney ASAP??

What if the attorney rejects my delayed documents?

How long before a summary judgement happens?

Guess I better start getting my *ss in gear!!

:roll:

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Aye...this is just the attorney trying to create/justify extra fees and his existence by filing paper with the courts. It's not up to the opposing lawyer as to whether you get your time, extension, however.

Under what grounds are you asking for a continuance though? And to what end will one serve you?

Hey Xanathos, I didnt really put any grounds for asking for a 30 day extension. I did add though that daughter was a fulltime college student and worked full time too. Guess I was hoping the judge would figure that a non-legalese person would have a heck of a time with Disc/Interrog with a busy schedule.

I need the time myself because I am having such a problem with answering these Interoggs etc...For some funky reasons, I just can't get this stuff to make sense to me. No matter how I try (and to think I was the vp of our college's honour society!! )

I may just be wasting everbody's time tho...I know my daughter doesnt want to go to court over this..she pretty much threw in her towel at the get-go.

:?

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OK so in a nutshell...your daughter is the Defendant in this case....but she doesn't care about it.

And you requested a continuance on her behalf on grounds of busy schedule (which is alright)

Opposing counsel objected to it (apparently he missed his ethics classes)

And it's being left to you to come here and ask about it?

oy vey.

OK first on the continuance...if you never asked for one before, you'll probably get it. It's kind of an unwritten rule that opposing counsel is supposed to be respectful of the other side's time constraints...judges know this. And even if he doesn't, and you miss your deadline...that doesn't just end the whole thing.

On the topic of actually answering them...why not search the net for "cookie cutter" answers? Would be easier than trying to sort through it all. Did you submit your interrogatories yet? Get answers?

What defense are you using on behalf of your daughter? Can it stand up against a summary judgment request? I'd be more worried about answering this than the interrogatories.

And lastly....if your daughter doesn't care enough about this/her credit to take part in this...why are you doing it? I understand that you kinow better than her and all...but she got herself into the mess...and if she doesn't consider it a priority to get herself out...I dunno, that screams "hard lesson" time to me.

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OK so in a nutshell...your daughter is the Defendant in this case....but she doesn't care about it.

And you requested a continuance on her behalf on grounds of busy schedule (which is alright)

Opposing counsel objected to it (apparently he missed his ethics classes)

And it's being left to you to come here and ask about it?

oy vey.

OK first on the continuance...if you never asked for one before, you'll probably get it. It's kind of an unwritten rule that opposing counsel is supposed to be respectful of the other side's time constraints...judges know this. And even if he doesn't, and you miss your deadline...that doesn't just end the whole thing.

On the topic of actually answering them...why not search the net for "cookie cutter" answers? Would be easier than trying to sort through it all. Did you submit your interrogatories yet? Get answers?

What defense are you using on behalf of your daughter? Can it stand up against a summary judgment request? I'd be more worried about answering this than the interrogatories.

And lastly....if your daughter doesn't care enough about this/her credit to take part in this...why are you doing it? I understand that you kinow better than her and all...but she got herself into the mess...and if she doesn't consider it a priority to get herself out...I dunno, that screams "hard lesson" time to me.

OH Boy Xanathos!! You need to teach a class on civil litigation 101..or write the "Dummy" book on it so I can purchase one!

I have been searching the net trying to find answers that can help me...CM Chase has been my biggest help so far. I wish I could find 'cookie cutter' answers just so I can get all this paperwork off my desk :shock:

No, I havent submitted any of MY Interrogs as yet. I ran off some stuff from Chasey, but am not sure which ones would relate to this case, since hers is different. She told me I should get them out asap, but I kinda thought I needed to answer the opposing sides stuff first.

As for my daughters defense. One of of the hospital bills, she was 17 years old, pregnant and on both my husbands insurance AND state medicaid. I do have proof of that.

The other 3 billings are for an emergency room visit that my daughter never received statements for. She was rooming with a friend for a month or two before getting her own apt. Her ex-friend most likely chucked out the hospital bills.

What exactly is a Summary Judgement Request?

About my daughter...she is a mess! Not to wave anybodys dirty laundry, but she is just digging herself a large hole. Along with this lawsuit, she also gave back a car to the dealership a month or so back after she destroyed it in a big puddle during a rainstorm and hasnt paid anything on it since, plus I have legal guardianship of her 2 year old daughter that she doesnt pay a dime for nor buys anything for her...Guess I'm the big sucker here eh?

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OH Boy Xanathos!! You need to teach a class on civil litigation 101..or write the "Dummy" book on it so I can purchase one!

It's funny you should say that...

I have been searching the net trying to find answers that can help me...CM Chase has been my biggest help so far. I wish I could find 'cookie cutter' answers just so I can get all this paperwork off my desk :shock:

Well, I'll answer about half of them for you right now. Go down the list and any questions you feel are inappropriate, don't have bearing on the case, or the other side doesn't need to know for the purposes of this case, reply "Information confidential and irrelevant to the case".

What exactly is a Summary Judgement Request?

A motion for summary judgment is basically a request from one side that the presiding judge in the case issue a judgment against the other side without the hassle of a trial or hearings on the grounds that their case is so air tight, so rock solid, that there's no way the other side could win. They basically make a motion and state why it is they feel their case is undefeatable (going into great detail, and with attachments to support their claim) and then the other side responds to it with reasons why their case IS defeatable (again, going into detail and with attachments), and then the judge looks over all of it and makes up his mind whether to grant one or not. Very hard to obtain. The very fact that your kid was 17 when she incurred the hospital bills serves as an affirmative defense as to why one shouldn't be granted (minors can't be held to contracts) and then there's the issue as to whether the bill was proper after overlapping insurance policies.

That second thing you were talking about with regards to the roomie throwing out hospital bills from another visit...that I don't know. If she was over 18, she's probably SOL from the way you describe her.

About my daughter...she is a mess! Not to wave anybodys dirty laundry, but she is just digging herself a large hole. Along with this lawsuit, she also gave back a car to the dealership a month or so back after she destroyed it in a big puddle during a rainstorm and hasnt paid anything on it since, plus I have legal guardianship of her 2 year old daughter that she doesnt pay a dime for nor buys anything for her...Guess I'm the big sucker here eh?

OK, so she's got a voluntary repo (which could very well turn into a judgment down the road)...Im' guessing defaulted credit cards...all of which is fairly recent (since you said she was 17 when s he gave birth to junior, who's now 2)....

Honestly? She's screwed for a few years, anyways. Fending off this lawsuit probably is just a drop in the lake. She won't feel the sting until she grows up a bit and tries to become a 'normally" operating member of society...no telling when that is from the way you describe her.

Not meaning to be harsh, but that's about how it looks to me. I wouldn't lose a lot of sleep over this.

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Xanathos, thanks again for making some things a bit more understandable..until I lay my head down tonite and the info fall outta my ear :)

I am pretty sure we can have the first (age 17) bill tossed...but I am concerned about the other 3. The emergency room visit was a few months after her 18th b-day when she had no insurance at all. She never saw any of the hopital billing/statement as she moved from her friend's apt. w/o any forwarding address. The hospital visit was 6/03...so not SOL yet.

Welll...she doesnt have any cc debt as she just received a secured cc through her bank. I gave her a stern talking to about keeping it low and paying it off, but with her lack of responsibilities and her new b/f (and roommate) just as bad with drug felony charges and check forgery, I don't think she'll listen at this point.

I am probably wasting my time doing all this for her...but I am.. SHould I still go ahead with the Discovery/Interrogs and send them to the opposing attorney? What if he doesnt accept them, or will he?

Thanks!!!

:)%

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Copper,

Don't feel toooo bad for her. Most of us probably waited a LOT longer to become responsible. At least I did. Good luck!

FCS

Thanks for your kind words Futurecredit...I have always gone over and above for my kids..guilt or something I guess. My daughter has been so depressed about everything lately (her car has been down plus someone broke into it and stole her stereo) I realize she is bringing on most of this herself. She was living with me rent free up until 2 months ago...she didn't do much with herself during that 'free' year...

It's hard being a mother.

:cry:

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It's hard being a mother.

:cry:

Hang in there, this world has gotten so tough; that a good parent to help stand in front of, and act as a shield; to protect their children is probably the best chance the kids get for success in life. It's very tricky to know where to draw the line of what to do to act as reliable back up, and what not to do to disempower and enable. Have you ever heard of this guy called Jim Fay?

http://www.loveandlogic.com/

I always try to let my children make their own mistakes when I can while the stakes are low, vs. seeing them not develop the ability to make good choices down the road and have things worsen. Safety first of course. Something’s are a judgment call.

Again hang in there. As far as your topic and questions looks like you have had some repsonses from others, I still wanted to offer encouragement.

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It's hard being a mother.

:cry:

Hang in there, this world has gotten so tough; that a good parent to help stand in front of, and act as a shield; to protect their children is probably the best chance the kids get for success in life. It's very tricky to know where to draw the line of what to do to act as reliable back up, and what not to do to disempower and enable. Have you ever heard of this guy called Jim Fay?

http://www.loveandlogic.com/

I always try to let my children make their own mistakes when I can while the stakes are low, vs. seeing them not develop the ability to make good choices down the road and have things worsen. Safety first of course. Something’s are a judgment call.

Again hang in there. As far as your topic and questions looks like you have had some repsonses from others, I still wanted to offer encouragement.

Thank you Creditsultan, I checked out the site, stuck it into my favorites, and ordered the catalog :))

Well......Most parents want better for their kids. I was tossed from my mothers when I was 17 yrs old and 7 months pregnant..in the middle of winter in NH, in the middle of the night! No car, no money. I did the whole 'ignore the bills cuz I was too poor to pay' thing and had bad credit for a long time.

Ever since my 3 daughters were young, I have talked to them about my bad choices. My 2 older daughters goofed a bit, but are now married and going to college...it's this younger one that just doesnt seem to get the program.

Thanks for your encouraging words. I was a single mother for a long time, then married a guy who doesnt like kids...go figure! I think my guilt encourages me to make my daughter an enabler..

OK..enough of my O/T whining!!!

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As to your question though, you can propound discovery on the opposing attorney anytime you want. There's no rule when you have to do it by(unless you have a scheduling order, which you don't). There are other rules like how many you can ask, etc....but that'll come when you start working on it.

I was kinda wanting to put a fire under your butt about it because the sooner you send requests, the sooner the Plaintiff will drop the case. (The amount is only $1000...their attny fees are WAY more than that). BUT...if you know it's a crock, no it won't make any difference to your kid, and are just doing it because it's fun for ya...then take all the time you want.

:D

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copper, Been there done that. Well fortunately there has been no kids born yet, but I have my yougest and her BF living in my house since until a month ago both had jobs that did not pay enough to really live on and did not want them getting an apartment and 3 or 4 months later come begging for a place to live with a pile of debt. They both live here rent free (at the moment that is). The only "releif from expenses" is that since they now make more in tips than in regular pay they eat out about 5 days a week, so food costs have dropped.

I have fought the School Dist on two occasions for them during their senior year, once going as far as filing an emergency restraining order before the School Dist backed down.

The last 2 go arounds on "assisting" them was fighting a traffic ticket and a constructive discharge compliant I made them work right with me every time I worked on their stuff. They have now learned I generally will only provide advise and nagging rather than take over for them.

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The last 2 go arounds on "assisting" them was fighting a traffic ticket and a constructive discharge compliant I made them work right with me every time I worked on their stuff. They have now learned I generally will only provide advise and nagging rather than take over for them.

Thank you for sharing your story KentWA, I am sure that at times, you felt like me...like you're the only parent going through it!

Smart idea to have them work with you on the cases. It gives them an idea of the seriousness and time consummation of dealing with the law.

I don't want to make excuses for my daughter, but her split-shifts barely leave her time in the week to visit the baby...about 45 minutes 3 to 4 times per week. Also her car is in it's second week of acting up, starter is going.

I do make her go to the courthouse and do the filings....that can be like pulling teeth in itself! Of course if/when it comes to court, I'll have to give her a crash course on what is going on so she doesnt feel so lost.

We (her and I) have been to court 12 times in the past 7 months...with more cases pending. These are theft/larceny/2 violations of protective orders, child support and the Guardianship I have over the baby. All have the same Defendant, the baby's father.....right now he has 2 warrants out and may see some jail time!!!!!!! :everybodyclap:

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04/21/2005 CNOTE - TULSA ADJUSTMENT BUREAU INC 54071172 Apr 6 2005 8:58:45:830AM Realized $ 0.00

CLERK'S NOTE: DEFENDANT'S REQUEST FOR EXTENSION OF TIME TO ANSWER DISCOVERY/INTERROGATORIES.

HEY COOL!!! I just found this on the OSCN court site..

I am going to assume that because of the date (o4-21-05) that I have been given 3 weeks extension...I asked for 4 weeks, but 3 is better than none!!!!

8-) This is for the opposing attorney!!!

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