ldk007

A dumb question...

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I have a very stupid question to ask.

To make a long story short, an attorney for a JDB sued me last year. When I was served, there were no supporting documents or affidavit attached. All that was given to me was a notarized sheet of paper stating that he was pretty sure I owed a sum of money to his JDB client. A month later, I fired off a nasty 3-page answer. The lawsuit then stalled because the attorney couldn't counter me because he found out fast that I knew my rights and the scams that this JDB is known for pulling. In other words, he bit off more than he could chew.

Two weeks ago, I heard from my local court. The clerk tells me that the judge is dismissing the lawsuit at the middle of this month because the attorney failed to prosecute. When the attorney found this out, he sent me a notice of setting for a trial. My little theory is that he knows it's a lost case but he's hoping that I do not show up for the trial so he can get a default judgment on me. Because of this, I'm planning on filing a Sworn Denial and a Motion for Discovery just to make things more sticky for him (I'm most positive that I do this because no official trial has yet been set).

Well recently, I discovered more affirmative defenses and pleadings that I wish to make against this JDB. In my first answer, one of my affirmative defenses was: "The Defendant reserves the right to amend and/or add additional Answers, Defenses, and/or Counterclaims that may become applicable at a later date."

So my question is this: How do I file these additional defenses/pleadings? Would I file them as part of an Amended Answer or an Additional Answer? I believe that I'm able to file these defenses/pleadings. But I'm not really sure how to file them because I do not want to lose the defenses that I pleaded in the first answer. I'm just wanting to dig up more dirt against this JDB. Maybe I'm having a blonde moment but I'm a little dumbfounded on how to do this. :confused:

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amended is if you make a "mistake' and need to change your answer

ie: you mis-placed a name or spelled it incorrectly ect

additional, is to add more information, you wish to add more defences, or new case law ect..

Defendants Additional : Affirmitive Defences to Original Complaint

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In my state once the judge dismisses for failure to prosecute and other side hurries to set a motion for trial or summary judgment, to avoid the unilateral court disissal, they must show good cause for their previous failure to prosecute!!!!!

I always immediately motion to uphold dismissal for failure to show good cause. AND I motion for costs and attorneys fees. (I have an excellent 10 page support for attorneys fees copied from a consumer lawyer.)

If you say nothing, your ability to make them show good cause before the court is waived.

I would not merely let the scumbag allow to set a trial date, make him suffer before the trial date.

Don't let them get away with the failure to prosecute! Pour it on! and dance on the scumbags grave!

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Thank you for clarifying a few things for me. It makes better sense.

Well, I'm a bit puzzled what to do next then since I now heard about a Motion for Dismissal For Failure To Show Good Cause. I know that he knows that his case against me is as strong as an unbaked cake and I have a feeling that he's terrified I'm going to sue the pants off of him and the JDB if the case gets dismissed. That's why I think he set it for trial so it will buy him more time until that happens or he's hoping that I don't show up for the trial—if it ever happens.

This week, I plan on filing an Additional Answer, a Sworn Denial, and a Motion for Discovery. My Discovery is filled with Interrogatories, Admissions, and Production of Documents that I know they aren't going to be able to produce. I know that if I filed all this crap, he's going to cave in and the case probably won't go anywhere anymore again. He doesn't know how to get out of it NOW. So I know that he won't be able to get out of it even more when I file these papers. A setting for a trial is set for later this week. But I'm going to file these papers before then so he knows where I stand.

Again, I'm just trying to throw as much trash in his face so he gets very nervous. Either way, he's screwed. That's how I see it. ...And I'm sure that's how the judge sees it too since he's had plenty of time to study my original 3-page answer. I countered them pretty bad.

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I'm sure that's how the judge sees it too since he's had plenty of time to study my original 3-page answer.
The judge probably hasn't even looked at it and won't look at it until just before your next hearing.

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can you make the motion at the court hearing? the same thing happened to me and i go to court at the end of the month. basically the judge sent a letter that says you have 15 days to do something with this case or i am dismissing it and the lawyer requested a trial date to be set. then they sent a motion for telephonic testimony which was denied now they have sent me a third affidavit with all three being different "persons with personal knowledge" and i filed a motion to strike as hearsay today. not trying to hijack anyones thread....sorry

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It's hearsay on telephone!

In my ongoing saga of fighting a bogus lawsuit brought on by a JDB, I filed a Sworn Denial and a Motion for Discovery to make things more sticky for the attorney and the dumpster trash that he is representing.

Then this afternoon, I received a letter from the attorney stating that a trial has been set for later this year along with a motion to allow the trial to proceed with testimony given over the telephone. In the motion, the JDB states that one of it's employees or should I say "witness" (hear my sarcasm here) wishes to give "authentic" testimony over the phone regarding all aspects of this alleged debt that they believe I supposedly owe. The reason they state this request is because it would "cost them time and money to transport a witness for a trial." Let me grab a tissue.

PULEEEASE. First off, ANY employee who is employed by this JDB has no first hand knowledge of anything that I may or may not have owed to whatever OC. That is hearsay. Secondly, any "witness" from this JDB that may or may not give testimony under oath over the phone is placing themselves in a potential perjury situation due to the fact that they have no first hand knowledge about anything. Third, it is highly unlikely that this JDB will be able to produce any authentic documentation since 1) they have a history of not producing any documentation in a court of law and 2) they have never submitted a shred of evidence to the court in the entire lifespan of the lawsuit which has lasted almost a whole year. No, not even an affidavit was attached to the original complaint. The original complaint was nothing but a notarized statement saying that they thought I owed some random amount of money.

Not only does the attorney think that I'm nothing but a vicious SOB, it seems as though him and the JDB don't know how to get out of the mess that they created. They set a trial date towards the end of this year because they are buying all the time in the world hoping that I don't sue them. So my question is this: Since the Plaintiff's "hearsay witness" wishes to hide behind a telephone because it will cost them much more money than what they paid for the alleged debt I supposedly owe, is there any way how I can object to them giving their bogus testimony by telephone? I am very aggressive and all I want to do is waste their time and money.

Since my motion for discovery was shot off a couple weeks ago, they must answer it in 30 days—that is, unless if they totally ignore it. I know for fact that if they were to admit to at least one thing in the discovery that I served them, I'll be filing a Motion for Summary Judgment. But if they ignore it, I'll be filing a Motion to Dismiss. And if they serve me with Discovery? I'm looking forward to answering it.

Any suggestions here on what my next step should be?

"Authentic testimony" by phone. What next.............

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What next? A photoshop student fail for the copy contract is my guess. Want to wager 5 bucks? :p

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testimony given over the telephone
Happens all the time. You can file a response to their motion. You need to state clearly and convincingly why testimony must be in person.

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Look up at least 10-20 winning consumer cases in your jurisdiction or nearby jurisdictions and copy their ideas.

I've done this across my state. You will always find 1 or 2 superstars that constantly beat the JDB you are up against.

I especially found excellent discovery in my research that seems to always trip up the debt attorneys trying to win!

A lot hidden of keys to winning are specific to state law.

It sounds like this JDB is blowing smoke.

Show him you are serious about defending and blow him out of the water.

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