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Going to trial Still no discovery


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I going to trial with Asta funding (Mel s Harris)

Here is a some background info on my case

I checked my cr on 11/06 , notice there was a civil judgement from Asta funding (Mel s Harris)

I got that default judgememt vacated on 11/27/06

Filed discovery requests on 11/29/06

They ask for 90 days to respond to my requests and hit me with Notice to Admit and Interrog which I had 20 days to respond.

In response, I filed a motion for a protective order(against their interrog and notice to admit) and a motion to compel my discovery requests which were granted on 2/13/07

The judge gave them 30 days to respond to my discovery requests but no response.

Went back to court 3/27/2006, the judge gave them more time (4/11/2007) to respond and set a trial date for 4/18/2007

Meanwhile, I check my credit report and notice the default judgement is still on my report.

In my original answer, I didn't file a counterclaim but resevered the right to do so at a later date.

Is it too late to file a counterclaim for FCRA violations since the default judgement is still on my cr ? How can I get it off?

If I don't get my discovery requests by 4/11 or before my trial date, what would you do ? Thanks in advance

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since you havent received any discovery yet...you may want to check with your rules of civil procedure and see if you can do a motion to compel...i believe that is what it is called...at least in my state...i believe it has to be submitted to the court..as well as the plaintiff cmrrr...also you may want to seek a continuance at that time to force the other side to respond... check with your courthouse and ask about the above...hope this helps

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You may come out better to file a motion to prevent the Plaintiff from using any documents in court that were not provided in discovery.

You don't need to file a motion for that; just object based upon requested and not provided during discovery. Of course, every jurisdiction is somewhat different.

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How would you get it off your CR? Should I ask the judge to issue an order for it to be removed at trial. After all, there is no civil judgement any more.

Hey guys, listen to this there is more:-)

I'm duking it out with Crap one and Platium Financial

My motion to compel discovery were granted in both cases;they were given 30 days to respond. No response

So Crap One discontinue my case and Platium Financial withdrew the case off the calender.

What would you do? Should I move for summary judgement. Crap One is updating my cr every month.

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Meanwhile, I check my credit report and notice the default judgement is still on my report.

You can write up an order to have the judge sign, stating that your motion to vacate was granted, or however the details pertain to your situation. Once you have the signed copy, send it to the CRA.

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***Update

I just received a stipulation of discontinuance without prejudice from

Mel "shaddy" Harris.

Mind you, jugde gave them 4/11/07 to produce documents; trial date set for 4/18/06

They told me to sign the stipulation of discontinuance without prejudice

and mail it back to them and so they will filed it with the county clerk.

Are they trying to get me not to show up for my trial?

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Would you move for summary judgment in my Crap on case since they voluntary discontinue my case

You've asked about MSJ on more than one occasion. What exactly would you be trying to accomplish by doing this? You have a plaintiff who wants to dismiss the case; why ask the judge to rule on it when the judgment could easily go against you? I might be missing something here, but I don't get it. I'm wondering if you're using the term "summary judgment" and meaning something else.

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I guess what I'm trying to say is that they want me to sign the discontinuance without prejudice, mail it back to them so I don't show up on my trial date. They can always claim I never mail anything and get a win by default. The question is should I show up on my trial date even though they want me to sign and mail the discontinuance without prejudice? They say they will file it with the clerk for me. Should I trust them to file it on my behalf or should I sign it and take the orginal to court on my court date and filed it there?

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  • 4 weeks later...

As I was reading this, I was about to say "it's a little late for them to request a dismissal without prejudice". Then I see it got dismissed w. prejudice. Good job. Stay on the JDBs and make them prove proper assignment and introduce proper custodial records.

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