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Can I appeal or file motion to vacate?


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Hello.

I had an old credit card debt that was purchased by a local attorney. I asked for a trial but was dumb..I went w/o an attorney.

The debt is past the S/L for Arizona (where I live) but the judge told me I did not bring that point up at the appropiate time; therefore is was not considered.

The attorney that sued me brought in a mountain of copies of old credit card statements that were never sent to me before the trial. The judge allowed them into evidence.

My questions are:

Wasn't any evidence supposed to be sent to me as part of the Discovery process? Was it proper that it was allowed to be entered as evidence?

Since the loan was past the S/L but I did not bring that up "at the appropiate time" do I have a chance to have this re-considered.

I have the packets needed to try to have the motion vacated and for the appeals process. Which way would be best, if either at all?

Thank you.

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Wasn't any evidence supposed to be sent to me as part of the Discovery process?

Yes

Was it proper that it was allowed to be entered as evidence?

Did you object? You need to object to any documents that were not provided during discovery. A judge will allow them if you didn't object.

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I don't think I did. The judge asked the lawyer if she had provided me a copy and I told him just now but not before. I did not use the word object.

To be honest, I thouhgt it would be alot different than it was. Once I got in there I realized how much I didn't know about court procedings and spent the majority of the time trying not to cry.

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My recommendation for anyone new to the court system facing a lawsuit would be to spend a couple of days attending other people's hearings (its public, you can go in there..) and soak in the process and get a glimpse of their world.

Come back here each night and search for words or terms that were not clear to you and the context in which they are used.

I know this comes across as 20/20 hindsight for you, but I posted for the benefit of future readers.

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  • 2 weeks later...

This a consumer attorney, and just won a major ruling for AZ.

That CC's are open accounts subject to the 3 year SOL.

A Pro se lost in the justice courts, but he took it the case, appealed and won.

I would call hime and see if he is willing to review the case and appeal it.

he may find procedural errors, that a non lawyer wouldn't.

http://debtcreditlaw.com/debt-blog-arizona/category/debt-buyer-lawsuit-defense

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