ruttie Posted November 10, 2010 Report Share Posted November 10, 2010 (edited) .PLEASE ANY HELP WOULD MUCH APPRECIATED!!! Edited November 18, 2010 by ruttie Link to comment Share on other sites More sharing options...
admin Posted November 10, 2010 Report Share Posted November 10, 2010 You must answer the complaint! Look for a template here and instructions. There are numerous examples on this site. Link to comment Share on other sites More sharing options...
ruttie Posted November 10, 2010 Author Report Share Posted November 10, 2010 (edited) I thought I did Edited November 18, 2010 by ruttie Link to comment Share on other sites More sharing options...
raspberrypie Posted November 10, 2010 Report Share Posted November 10, 2010 Do a search for "Help with interrogatories" or just "interrogatories".You need to respond. However, you can respond with "objections to interrogatories" You do not have to give them everything they ask for - but you do have to cooperate.In my local court - if you don't reply they can file a "Motion to Compel" asking the judge to rule that you have to reply. They can also ask for sanctions against you. But you'll want to see what your court rules are.Regarding filing fees, in my county you just pay one filing fee and that is when you file an answer. Every other item in the case is filed free of charge. But again, that is just for my county and you'd want to check your court rules. Link to comment Share on other sites More sharing options...
ruttie Posted November 10, 2010 Author Report Share Posted November 10, 2010 (edited) THANKS IN ADVANCE Edited November 18, 2010 by ruttie Link to comment Share on other sites More sharing options...
skippy1960 Posted November 11, 2010 Report Share Posted November 11, 2010 Rut-The primary tool CA or Debt Collectors have to collect has nothing to do with the law, or case citations. It has to do with FEAR! You stated you had your own business, which means you have dealt with fear before and have overcome it. You wouldn't be facing this had the BIG BANKS not gotten greedy, but you are. So you have 2 choices succumb to the fear and let them have their default judgement or buckle down and start reading, searching out help from this site, maybe a legal aid organization to find out how the process works in you jurisdiction exactly.Next, you are concerned with the truth. So here is some truth for you, the laws in your state require the plaintiff to prove there case in a court of law. Your job is to make that as difficult as possible under the laws of your state. All the items you requested in your DV letter, can now be requested by discovery through the court and Chaundry v Clark wont keep them from having to answer.Spend some time reaserching and you will find your way, you are a smart person, you started a business and made money for a period of time, I am sure there were alot times you didn't know what you were doing but you researched made decision and acted. Same thing here!!! Link to comment Share on other sites More sharing options...
hopefulscambeater. Posted November 11, 2010 Report Share Posted November 11, 2010 Rut-The primary tool CA or Debt Collectors have to collect has nothing to do with the law, or case citations. It has to do with FEAR! You stated you had your own business, which means you have dealt with fear before and have overcome it. You wouldn't be facing this had the BIG BANKS not gotten greedy, but you are. So you have 2 choices succumb to the fear and let them have their default judgement or buckle down and start reading, searching out help from this site, maybe a legal aid organization to find out how the process works in you jurisdiction exactly.Next, you are concerned with the truth. So here is some truth for you, the laws in your state require the plaintiff to prove there case in a court of law. Your job is to make that as difficult as possible under the laws of your state. All the items you requested in your DV letter, can now be requested by discovery through the court and Chaundry v Clark wont keep them from having to answer.Spend some time reaserching and you will find your way, you are a smart person, you started a business and made money for a period of time, I am sure there were alot times you didn't know what you were doing but you researched made decision and acted. Same thing here!!!Those are the kind of posts that makes this place ROCK! Link to comment Share on other sites More sharing options...
ruttie Posted November 11, 2010 Author Report Share Posted November 11, 2010 (edited) thanks skippy, I feel so much better today, alittle more confident, you are correct, Edited November 19, 2010 by ruttie Link to comment Share on other sites More sharing options...
donqII Posted November 11, 2010 Report Share Posted November 11, 2010 You need to answer what is asked of you but never admit to anything.Except, your name and your address.I know it looks monumental but take it slow and easy and one request at a time.If you post some of the questions someone will help and show you how to answer without seemingly getting yourself in trouble.Here is one example for you to skirt the admissions thing.."Defendant states that after a resonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request."Also, I prefer a more formal and involved response and will answer admissions similar to the following...4. You received monthly statements concerning XXXXXXXXXXX, Account Number XXXXXXXXXXXXX specifying previous balance, new purchases, payments, finance charges, minimum payments and new balances?ANSWER:ANSWER TO REQUEST FOR ADMISSION #4 DENIEDOBJECTION,On the grounds that Defendant has no knowledge of this or lacks sufficient information from which to form an opinion at this time.Defendant states that after reasonable inquiry, the information known or readily obtainable by Defendant is insufficient to enable Defendant to admit or deny this request.Without waiving the Defendant's objection the Defendant reserves the right to supplement defendant's answer to this admission when Plaintiff fully responds to Defendant's discovery BUT YOU ABSOLUTELY NEED TO DO YOUR OWN DISCOVERY TO THEM.You will find a lot of help here... just ask and some one will step up.Just do not admit anything or you will get a judgment faster then you can imagine. Link to comment Share on other sites More sharing options...
ruttie Posted November 11, 2010 Author Report Share Posted November 11, 2010 (edited) what Edited November 18, 2010 by ruttie Link to comment Share on other sites More sharing options...
ruttie Posted November 11, 2010 Author Report Share Posted November 11, 2010 (edited) first contact Edited November 18, 2010 by ruttie Link to comment Share on other sites More sharing options...
donqII Posted November 12, 2010 Report Share Posted November 12, 2010 for the sake of timing, I would suggest to figure the actual date of wwhen you got the discovery from them and count 40 days on the calendar.Was that Nov. 8th ... do not count on that date, but read what datethey have marked on their certificate of service and go by that.Then, see when the actual date of your summons was served and count 60 days from that.Which ever come sooner on the calendar make that your goal. Do not worry about which it is, just be safe...Now, I am sending you a PM... Link to comment Share on other sites More sharing options...
mohrkendall Posted November 12, 2010 Report Share Posted November 12, 2010 Good luck Ruttie!! Link to comment Share on other sites More sharing options...
ruttie Posted November 12, 2010 Author Report Share Posted November 12, 2010 (edited) whats up Edited November 18, 2010 by ruttie Link to comment Share on other sites More sharing options...
ruttie Posted November 12, 2010 Author Report Share Posted November 12, 2010 (edited) how Edited November 18, 2010 by ruttie Link to comment Share on other sites More sharing options...
RebelLady Posted November 12, 2010 Report Share Posted November 12, 2010 You might want to check Arizona's RCPs. I believe that in claims filed for under 50K, court-controlled arbitration is mandated. Again, check Arizona's Rules to make sure...RL Link to comment Share on other sites More sharing options...
ruttie Posted November 12, 2010 Author Report Share Posted November 12, 2010 what is RCPs? Link to comment Share on other sites More sharing options...
nobk4me Posted November 12, 2010 Report Share Posted November 12, 2010 RCP = rules of civil procedure. Link to comment Share on other sites More sharing options...
mylumnad Posted November 13, 2010 Report Share Posted November 13, 2010 (edited) SCOUR this website and watch ALL of his youtube videos.http://yourlegallegup.com Edited November 13, 2010 by mylumnad Link to comment Share on other sites More sharing options...
mylumnad Posted November 13, 2010 Report Share Posted November 13, 2010 And to reiterate..do NOT let them strike fear into you...that is their number 1 goal. Link to comment Share on other sites More sharing options...
skippy1960 Posted November 13, 2010 Report Share Posted November 13, 2010 HOW DO I GO ABOUT REQUESTING DISCOVERY???? I AM TOTALLY NEW AT THIS & I DO NOT UNDERSTAND THE PROPER PROTACOL FOR REQUESTING DISCOVERY .Let's not get the cart before the horse. Rebel and Nobk are correct first research needs to be about the rules to the game. Just like when you got your kids a new game, you opened the box and read how to play. Same thing with this Rules of Civil Procedure and Rules of Court. A large number of counties have this information on the web, find them and add to favorites. It will be like reading the ingredients on a box of cereal, you will understand the first 2 and the rest will be like another langauge, but you have read through some of this.To help go spend a morning at the civil court house and asks some questions of the clerks, sometime they will be helpful, they can't offer you advice on the law but some maybe be able to help with procedures and timing. They may direct you to a legal aid group. Sit in on court for a couple of hours and listen to what goes transpires.Review cases online and see if you can find one in your area that an attorney represented someone against the Plaintiffs attorney and won the case. If you can find a case with in the last year, go pull that public record and see what arguments the defendants attorney used, they may apply to your case.Finally, if you want help from the board you need to give a bit more informaiton. How much are you being sued for, is the OC (Big Bank) or JDB. Post a couple of what you see as the more challenging "Request for Admissions and Interog's. Folks can help with some possible answers.40 days seems like alot, but it will go pretty quickly so manage your timeline, remember everything you will do with this case will take twice as long as you think..... Link to comment Share on other sites More sharing options...
ruttie Posted November 13, 2010 Author Report Share Posted November 13, 2010 (edited) is this too much? Edited November 19, 2010 by ruttie Link to comment Share on other sites More sharing options...
ruttie Posted November 13, 2010 Author Report Share Posted November 13, 2010 (edited) need more info Edited November 19, 2010 by ruttie Link to comment Share on other sites More sharing options...
ruttie Posted November 13, 2010 Author Report Share Posted November 13, 2010 (edited) Is anyone familiar with the rules of civil precedure for In the Superior Court of the State of Arizona Edited November 19, 2010 by ruttie Link to comment Share on other sites More sharing options...
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