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have a pretrial in 3 weeks , calvary suing me. Summons says plaintiff shall serve draft joint pretrial at least three weeks before and myself at least two weeks serve revisions to their memorandum. What does this mean? I have heard nothing from them, they already missed the 3 weeks of me recieving draft. This is past sol, went to case management last month, asked for dismissal and they set pre-trial. lawyer tried to get me to settle for half. I filed answer before case management denials etc... What does this all mean now and what do I need to do. Thanks:

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The plaintiff was hoping you would not answer and now does not know what to do.

I would write a letter saying it is their obligation to prepare and send. Please do so immediately. My guess is that they dismiss the entire case soon.

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Thanks for advice. Should I also send copy to court? Also I am obligated to send my revisions of memorandum next week, what do I do about that. Should I send letter to court that plaintiff has not responded. Thanks

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They, most of the time, have no paperwork to back up their claim...

90% of the time they look to churn default and summary judgments against consumers that put up no fight. Just imagine what would happpen to them if the consumer just sent in a simple generic deny answer with some affirmative defenses.

Based on your limited info, this looks like its headed for dismissal, because they seem to have nothing.

However, it really depends on the lazyness of the particular lawyer in the case.

Check this lawyer's other Calvary cases on your state court's case search index. Find cases where consumer put up a fight. (ignore default no-answer cases) Find out what happened and what they did. If you find cases that did similar stuff to you and it ended up in dismissal, you are in excellent shape.

Also, in most courthouses PUBLIC COURT FILES ARE OPEN TO ANYONE TO LOOK AT!!!! copy the winning pleadings against these guys! That is their weakness, the thouaands upon thousands of lawsuits they file, eventually this produces a record of losses for the scumbag attorney.

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I still need to know what to do about my obligation to send memorandum by me 14 days ahead when they did not send theirs 21 days ahead to me. Do I call the court? Calvary has sent nothing to me except months ago a copy of my original contract. In my answer before case management a few months ago I stated I would use sol and I wanted detailed calculations etc... dates of payments I just want to make sure I do not look bad by not doing my revisions required by me 14 days ahead. THANKS I was able to file answer thanks to all of you great people here.

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but I would send it in. If unsure how to construct one, look for a winning pleading at your local courthouse and copy that memorandum of pretrial defense.

Make it look like you are cooperating and point out how uncooperative the other side is with court orders,

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After sending the letter, if they don't reply, you should prepare your own memo. Make it WILDLY pro-defendant. The first section should be an explanantion that the plaintiff refused to participate in the process as is required by the rules so you are doing the best you can.

Then sit back and enjoy the fireworks at the pre-trial.

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  • 4 weeks later...

went to trial yesterday- calvary never sent any memorandum they were required to. I asked for dismissal, denied because I was told I didn't do details right. They never said anything to rent-a lawyer about not sending memorandum. I sent all my stuff on time. I brought proof it was sol and judge didn't care and set trial date. Lawyer was still trying to get me to settle, and said she had no paperwork on case. Judge told me I should get a lawyer or go to law library. He gave me instructions handwritten by him of what I should ask for from calvary at least 20 days before trial. It says chain of ownership of debt, calculations, cancelled checks etc.. I also already got another handwritten letter from judge in mail today attached to summoms. What should I do now, really can't afford a lawyer, what should I expect from calvary. This will be my third time in court, they brought no paperwork to case management, nothing to pre-trial and it has not been dismissed. Is there anyway I can get this dismissed before trial(motion?) They are making me crazy. Different lawyer this time than case management. I showed her before we went in proof of sol. Had credit record charge off from 7 years ago,last payment, etc.. All she wanted to talk about is how I wanted to make payment. I told her I was not settling anything, I raised my voice very slightly with her and she said she would tell the judge I was hostile. She also told judge she had to go outside and make phone call to her client, came back, asked for trial date and got it. What now? Thanks

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I have done everything they have requested. JDB has not followed court procedures. I want a dismissal just to end this. This started last august. The only thing they have is copy of original contract from OC and it is clearly past SOL. I see so many people ending court cases because of SOL but that is not happening to me. I just got back to work and hate keeping asking for days off. Now we have discovery by mid July. They are trying still to get me to settle, keep doing inquiries on my credit report etc... They know I own house so I think that is why they are after me so bad, ANY advice would be appreciated, I only made it this far because of all of you, I used this site to answer etc... What can I expect now THANKS

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You're looking for a dismissal - what FlaLawyer says above - you want a JUDGEMENT where you WIN, not just a dismissal. Dismissals will only have them farm this out to another JDB and you'll be in the same boat later.

Do your homework, show up at trial with your defenses, prove the SOL, and smack these bastards down.

I think the judge is TRYING to help you by not granting you the dismissal knowing that you can beat this whole thing with a good judgement.

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I would keep going down the path that you are on right now. Maybe you will get a different judge in court.

If for some reason you lose, I think you have ample grounds to vacate the judgment as the plaintiff failed to fail the most basic court procedures.

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I think the judge is TRYING to help you

the judge giving you help is WAY beyond what most people would get, follow thru, yes you may not want to go thru a trial , but do you want a dismiss and yet another CA pop up on this later

chain of ownership of debt, calculations, cancelled checks etc

maybe theres a strong hint that "somethings missing"???and the judge is tring to point you in the right direction without appearing pro-defendant

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Thanks everyone, I never thought about future with another jdb If I get lawyer what should I expect cost to be? I now have to do discovery(if I try on my own) I have no idea how to do that so I don't miss any small detail Thanks again so much

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Thanks everyone, I never thought about future with another jdb If I get lawyer what should I expect cost to be? I now have to do discovery(if I try on my own) I have no idea how to do that so I don't miss any small detail Thanks again so much

lawyers fees vary, some as little as 100 hr -10000( just kidding)

you may try legal "aide" or even a law student , (intern) for some basic help

discovery really isnt much different than a DV, ask for Proof,

Billing statements from opening of account to current, contract that was in effect at the time account was opened, proof of any/all payments on account, credits ect, proof of "ownership, a sold to b , b sold to c, ect,, ** each should be authenic copys of original w/ affidavte by the persson signing them saying so.. what your asking is "what REAL proof do you have that I owe you X..

THIS IS A SAMPLE LETTER ,

IN THE SUPERIOR COURT OF THE STATE OF <YOUR STATE>

IN AND FOR THE COUNTY OF <YOUR COUNTY>

MIDLAND CREDIT MANAGEMENT )

Plaintiff ) Case No._____________________

Vs. )

) REQUEST FOR PRODUCTION

Joseph Consumer ) OF DOCUMENTS

Defendant(s) )

REQUEST FOR PRODUCTION OF DOCUMENTS

COMES Now Defendant, xxxxxxx, and files this Request for Production of Documents, and requests the Court to grant such Motion based on facts stated below:

“Document” means any written, recorded or graphic matter, whether produced, reproduced or stored on papers, cards, tapes, belts, or computer devices or any other medium in your possession, custody or control, or known by you to exist, and includes originals, all copies of originals, and all prior drafts. It includes all original business records, non-identical copies, computations, memoranda of oral or telephone conversations, tabulations, records of correspondence, notes made on other documents, microfilms, etc. A request to identify a document is a request to state as applicable:

1. The date of the document;

2. The type of document;

3. The names and present addresses of the person or persons who prepared the document and of the signers and addressers of the document;

4. The name of the employer or principal whom the signers, addressers and preparers were representing;

5. The present location of the document;

6. The name and current business and home addresses of the present custodians of the original document, and any copies of it;

7. A summary of the contents of the document; and

8. If the original document was destroyed, the date and reason for or

circumstances by which it was destroyed.

1. The alleged credit application from “”Account””, bearing the plaintiff’s signature;

2. The alleged credit agreement from “”Account”” that states interest rate, grace period, terms of repayment, et cetera;

3. Itemized statements or credit card statements from “”Account”” that demonstrate how the alleged amount of $X,XXX was calculated;

4. A contract, agreement, assignment, or other means demonstrating that XXXX. had the authority and capacity, and was legally entitled to collect on the alleged debt from “”Account””;

5. Letter(s) sent to plaintiff by XXXX., demonstrating an attempt to collect on the alleged debt, “”Account””;

6. A notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally;

7. Any and all further documents that you believe establish that plaintiff had an outstanding account or debt related to “”Account””;

8. Any further documentation, beyond what has been previously requested, that clearly establishes plaintiff’s liability and/or responsibility to the alleged debt;

9. Any and all written communication, received by the defendant from the plaintiff, regarding the reporting of the alleged account to any credit reporting agency, as well as defendant’s accessing of plaintiff’s credit report(s).

10. Any and all communications from defendant to the plaintiff explaining

why defendant reported the alleged debt to any credit reporting agency, as well as obtaining plaintiff’s credit report(s);

11. Any and all credit report(s) defendant obtained from any credit

reporting agency concerning the plaintiff;

12. Any and all notes, memoranda, or likewise, be they handwritten,

computerized, or typed, regularly kept in the normal transaction and

business of collecting debts, that relate to the plaintiff and/or

“”Account””;

13. The defendant’s Articles of Incorporation;

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Thanks sample letter was great help Do I send any of my documents ex:copy of my credit record showing age of acct. or do I just bring my docs to court? Does a copy of request go to court also? Should I wait until time gets closer to see what I get from JDB or should I send soon. I may get the guts to try this on my own, but I think they may be pursuing me because I have no atty. Thanks

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Thanks sample letter was great help Do I send any of my documents ex:copy of my credit record showing age of acct. or do I just bring my docs to court? Does a copy of request go to court also? Should I wait until time gets closer to see what I get from JDB or should I send soon. I may get the guts to try this on my own, but I think they may be pursuing me because I have no atty. Thanks

send your discovery request asap. file copy with the court. I am in the mind you always file everything, answers, request ect with the court , then there is no question of what was sent to who or when, you dont have to send CMRRR, but I do..the cost is recoverable if you win.

dont send anything they dont ask for , just bring with you in court, not your Fault they "forgot" to ask is it?? THEY are the attys not you....

have two extra copies of everything,,just in case

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THANK YOU SO MUCH You have made me feel so much better-lost a lot of sleep over this I will be sending Monday morning, hoping not to get a lot of request from them, have to pay bank a lot of $ to get checks 9 years old

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on the handwritten paper from judge it says," each side shall provide to the other every single document it intends to use at trial at least 20 days before trial. ANY documents not provided will be precluded from use at trial."

this is why I am still a little confused. If JDB does not request anything from me, how can I bring out docs at trial that are vital if I do not follow above judge statement, I don't want anything excluded because I didn't provide to plaintiff ??????????

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THANK YOU SO MUCH You have made me feel so much better-lost a lot of sleep over this I will be sending Monday morning, hoping not to get a lot of request from them, have to pay bank a lot of $ to get checks 9 years old

you know you can "object" to being overly burdon some, and costly right?,,

make them ( atty) subpoena the bank for them and pay the cost,

and whos to say the bank even has checks that old? takes ALOT of computer space, and they have to research them and so much a hr charge and a per copy fee per page, ect.. could cost well over 200.00

I think think the judge was telling you make them "show your payments"

do they have proof that you even paid on this account?

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good advice about bank, what about follwing judges statement thay all docs must be shown to others before trial or they won't be allowed. If jdb does not ask for anything, it sounds like I can not use those docs at trial, this has me confused

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good advice about bank, what about follwing judges statement thay all docs must be shown to others before trial or they won't be allowed. If jdb does not ask for anything, it sounds like I can not use those docs at trial, this has me confused

before trial, file them the DAY BEFORE, if your intending to use as a DEFENCE( ok a&#036;&#036; of a atty did that to me day before hearing) then give the atty copy in the HALLWAY day of the Trail,,8-) thats Before trial right...

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each side shall provide to the other every single document it intends to use at trial at least 20 days before trial. ANY documents not provided will be precluded from use at trial."

You can't provide them the day of or the day before the trial. You must provide them to the opposition 20 days before the trial if you plan on using them. Providing the documents to the opposing counsel the day of the trial will result in them being precluded or a continuance.
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