admin

Sample Motions, Forms, Affirmative Defenses

Recommended Posts

Seadragon, I am saying a prayer for you every hour today. This is exactly what EVERYONE should be doing: POST YOUR REDACTED MOTIONS!!!

We need to build a HUGE library of motions, doesn't matter how redundant, one message base for EACH AND EVERY STATE, so people can use the motions and other filings that others provide, improve on them and RE-POST THEM TO THEIR RESPECTIVE STATE FORUM.

Let's get organized, People!

Too much time is spent by newbs just trying to learn the ropes. I say, let's just give people the TOOLS they need to at least buy themselves some peace of mind so that they aren't so bogged down by the PROCESS and have time to learn what they are doing as they go along.

The best way to learn is BY EXAMPLE. So POST YOUR EXAMPLES!! More more more!

Every state with one forum posting, fill it with documents, templates, etc.

The way this site evolved presents a backwards process for people coming here for help: first you must wade through pages and pages and pages of people asking for this, getting responses in hit and miss fashion and then finally you start to piece together the thing you need to write.

LET'S RE-STRUCTURE, STARTING NOW!

Post sample motions, put a little explanation to them. Describe how to use them. Post the case law cites. GIVE THE EXAMPLE, and let others learn by them.

ONE MESSAGE BASE FOR EACH STATE, PLEASE!

It will make this SOOO much easier for everyone and collectively we will defeat these bastards! Not everyone needs to be a lawyer! It helps, sure, but in most cases, all one needs is a simple response of some sort to make the lawyers go away. So let's post the simple responses, to give to our brothers and sisters in LOVE the SANITY and TIME they need to figure out what they are doing.

WHO IS WITH ME? Let's see it by POSTING THOSE REDACTED PAPERS!!!

Come on, now!

THANK YOU SEADRAGON!!!!!!!!!!!!!!!!

Maybe we can start our own bender type guide I can see the cite now 34 creditinfocenter pg.1792 1794

Share this post


Link to post
Share on other sites

I recently received a msj.  I am look for some type of motion to respond to it.  They also sent me disclosure for the 2nd time.  I have sent them my disclosure along time ago.  Why did are they sending me theirs again.   Do I need to respond to it?

 

If anyone has a motion opposing their msj I would appreciate it.

 

I am in arizona

Share this post


Link to post
Share on other sites

In MN, you would file a MIOSJ: Motion in Opposition to Summary Judgment. It's called something different where you are.

 

Basically, though, you need to file opposition, and show why there ARE material facts at issue.

 

If they have not proved their case, based on the RCPs in your state, then summary judgment is not proper.

Share this post


Link to post
Share on other sites

@azneb

 

As @Wins the Battle stated, you probably just need to file an opposition to their motion.   It's possible that they sent a copy of their disclosure again just to attach it to their MSJ.  Be sure to post this post in your thread so that other AZ members will be sure to see it.

Share this post


Link to post
Share on other sites

@daysfan

 

Is this about your Citibank thread?  If so, it would be better to post your question in that thread.

Share this post


Link to post
Share on other sites

HI Everyone I’m looking to defend myself against a JDB and has asked for their Purchase agreement. I know they are going to object but and I  need to file a motion.  Has anyone done a motion to compel the purchase agreement (sometimes called "forward flow agreement").  I am located and fighting in Los Angeles California so something that pertains to my area would be even more helpful. IF so can you please Personal message me so I get a notification.


Thanks 

Share this post


Link to post
Share on other sites

HI Everyone I’m looking to defend myself against a JDB and has asked for their Purchase agreement. I know they are going to object but and I  need to file a motion.  Has anyone done a motion to compel the purchase agreement (sometimes called "forward flow agreement").  I am located and fighting in Los Angeles California so something that pertains to my area would be even more helpful. IF so can you please Personal message me so I get a notification.

Thanks 

http://www.saclaw.org/pages/motion-to-compel.aspx

Share this post


Link to post
Share on other sites

Anyone have a good Meet and Confer letter, in response to a deficient BOP?  Looking for something that fits the bill without going into too much detail as to why the BOP is deficient (i.e. - missing the Forward Flow, to having all cc statements from inception to charge off, etc), so as not to tip off the opposition and have them build a better case.  Thanks!

Share this post


Link to post
Share on other sites

I'm thinking to file a motion for interpreter for pretrial hearing and/or trial, please critique.

 

DEFENDANT'S MOTION FOR INTERPRETER

 

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES  DEFENDANT, PRO SE XXXX, and files his Motion for Interpreter, and would show unto the Court:

              I.

Defendant cannot speak, understand, read or write in English very well because it is his second language.  Defendant's  first language is Chinese.

              II.

Defendant is indigent, has signed a pauper's oath, and has no money with which to retain the services of an interpreter.

WHEREFORE, PREMISES CONSIDERED, Defendant prays that the Court appoint an interpreter to translate from Chinese into English in order to assist Defendant and defense counsel.

 

Respectfully submitted,

Share this post


Link to post
Share on other sites

Help with a with a motion for no evidence summary disposition?  Credit card lawsuit brought in Texas JP court  by crown assest. Plaintiff citation claim is for breach of contract, money had/received, account stated and/or open account.  Plaintiff is owner and account is in default. Case has been on docket for 2 years now! Plaintiff has failed to send zero documents with citation and failed to send documents after I sent for discovery that was granted by judge.  Non jury trial set for June 3. 

Share this post


Link to post
Share on other sites
6 minutes ago, Kramer33 said:

Help with a with a motion for no evidence summary disposition?

Summary judgment is almost never granted in Texas.  

6 minutes ago, Kramer33 said:

Non jury trial set for June 3. 

All you need to do in JP court is argue that the court should find in your favor based upon the Plaintiff's refusal to abide by the court order and participate in discovery.  By failing to produce the evidence they intend to rely on they have unfairly prejudiced you from adequately defending against their complaint.  I would also ask the court for sanctions against the Plaintiff and their counsel for flagrantly ignoring the court order for discovery.

Share this post


Link to post
Share on other sites
2 minutes ago, Clydesmom said:

Summary judgment is almost never granted in Texas.  

All you need to do in JP court is argue that the court should find in your favor based upon the Plaintiff's refusal to abide by the court order and participate in discovery.  By failing to produce the evidence they intend to rely on they have unfairly prejudiced you from adequately defending against their complaint.  I would also ask the court for sanctions against the Plaintiff and their counsel for flagrantly ignoring the court order for discovery.

What motion could I base that on? Thanks for the response. 

Share this post


Link to post
Share on other sites

Anyone have a sample Admissions filing for Portfolio Recovery? They provided me with a bunch of Objections and "will supplement" answers to my request for Documents

Share this post


Link to post
Share on other sites
On ‎2‎/‎17‎/‎2012 at 6:27 PM, MagnusTheDestroyer said:

I started with Seadragon's stuff and ended up with this. It's still not entirely tight. There are some areas that need work. For instance, I didn't have time to delve into "Cooley v. Superior Court (2006) 140 Cal.App.4th 1039", which I took verbatim from Seadragon's work and just assumed it meant what I hoped it did (it didn't, but close enough to not be seen as a total douchebag by the judge) and I'm only assuming the cites to "California Forms of Pleading and Practice" are correct, as well as all the cites relating to section I where motions in limine are defined. No surprises if you do your own research. Always check the cites! Anyone can cite a document but not all do-it-yourself lawyers do it properly. I find so many bad citations that are relied up by people that I would've thought would know better in otherwise strong documents that, if caught, would destroy their case. So always do your own due diligence and check those cites!

 

Cooley v. Superior Court is pivotal as it it is about third party document authentication. The Court found that a third party could not authenticate records of another in California.

 

 

 

Share this post


Link to post
Share on other sites

 

Hi!!! I find this forum to be very helpful.  Do you happen to have sample answers to complaints for the state of Georgia?  I need it as soon as possible.  I'm being sued by Midland. However, Midland never contacted me before this suit.  I was wondering if you had a counterclaim sample to file with the answer.  It is an alleged credit card debt. Thanking you in advance.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.