sweet1710

Motion for Summary Judgment in Arizona

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I would guess the attorney wrote the affidavit and sent it to the affiant to cover what he needed or lacked in evidence.

The affidavit is the weakest link and should be the point of attack to defeat the MSJ.

I am not sure of the RCP there but if they file a MTS the affidavit, where I am, the MTS will be heard first and then I can respond to the MSJ.

In this case, if they strike the affidavit the MSJ will most likely be defeated as well. If the MTS is denied then there should be an opportunity to petition for a subpoena before the MSJ hearing.

I think in Midland v. Brent they deposed the affiant, then moved for summary judgement. A more economical way to depose is to do so in written questions or even make arrangements to do so via video conference. Each state has its own rules regarding subpoena's and the taking of depositions. It is hard to enforce a subpoena across state lines, especially in a civil matter.

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Thank you guys for all your support. I will probably gonna look what are the Rules for Motion to Strike in Arizona. I am really lost on this one. My question about the Affiant's Affidavit is, the credit card account was issued here in Arizona, why is it that the Affiant from North Carolina gave the Affidavit since they could produce an Affidavit to where the CC was opened. Could I also include this on my MTS the Affidavit?

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Hello guys, just find out today after I searched my case that the Plaintiff's attorney called the Court and request to disregard their Motion to for Summary Judgment and gave motion procedure. What does it means? Is my case close? What do I need to do next?

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I will repeat the same post made in your other thread:

Who was the affiant? And the notary? Are the signatures legible? Or are they scribbles anyone could make?

This is very similar to the affidavit produced by this same JDB in my case for a former alleged BofA account.

Have you googled the affiant? Do they have a LinkedIn page? All these alleged affiants I have seen do. I suspect these affidavits are forgeries and they are getting names off the internet.

The affidavit is dated over a year after the sale of the debt to the JDB took place. Why wasn't it made at the time of the sale? Would it not be admissible because of this, since it was not made in the ordinary course of business, but obviously for litigation purposes?

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Thank you guys for all your support. I will probably gonna look what are the Rules for Motion to Strike in Arizona. I am really lost on this one. My question about the Affiant's Affidavit is, the credit card account was issued here in Arizona, why is it that the Affiant from North Carolina gave the Affidavit since they could produce an Affidavit to where the CC was opened. Could I also include this on my MTS the Affidavit?

BofA's main office is in Charlotte, NC.

Hello guys, just find out today after I searched my case that the Plaintiff's attorney called the Court and request to disregard their Motion to for Summary Judgment and gave motion procedure. What does it means? Is my case close? What do I need to do next?

I haven't heard of that, unless it means they made a mistake and didn't follow the proper procedure. I'm sure someone here will know what it means.

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Hi Nob, the Plaintiff's Affiant name is Michelle Samsel, I googled her name and it looks like a few people like me has also posted about them being sued by CACH, LLC and the Affiant's name is Michelle Samsel who is claiming to be employed by Bank of America. When I look at the Linkin site, the name Michelle Samsel lives in Harrisburg, Pennsylvania, and her posted job is Education Management.

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She signed the affidavit in Jan. 2010. It was year after the sale and over a year from today. That affidavit is worthless.

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If CACH-CACV-Collect America and their cronies can't respond to a Bill of Particulars and a Discovery Demand, and these outfits suggest the individual charge data is not available on this account, Isn't that to be fatal to going forward?

Wouldn't this be the reason for withdrawing the MSJ?

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Does it mean that I could file a Motion to Dismiss with Prejudice since they couldn't provide any solid evidence that they are the owner of this account?

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Does it mean that I could file a Motion to Dismiss with Prejudice since they couldn't provide any solid evidence that they are the owner of this account?

You would have the check the RCP for your state. It may be proper for MSJ. Usually a motion to dismiss is treated the same. An MSJ takes a lot of work, you need the Motion, Memorandum of Law, Supporting documents, if any, and an affidavit.

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Does it mean that I could file a Motion to Dismiss with Prejudice since they couldn't provide any solid evidence that they are the owner of this account?

been reading your situation. here is what I think you have to do:

i. ARCP requires production of documents for discovery within 40 days. if 40 days has passed send a reminder give them a week, then if nothing, file motion to compel

ii. if they file MSJ, make sure you answer the MSJ and cite that you did not get any documents as part of discovery and now they are filing MSJ? Given that you have denied the claims in their summons, there should be enough dispute of material facts and this should go to court. make sure you do some research and cite cases, especially on account stated. Look on the board for the account stated discussion on "meeting of the minds". I would also move to strike any evidence on hearsay if they introduce it

iii. If they do not provide any documentary evidence even after your reminder, then you file motion to dismiss

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CACH is something else. They lack evidence and I'd be sure the Court understood that they have presented zero admissible evidence in this case. That document that attempts to be a catchall as "evidence" is totally worthless as is their whole case. If more Courts ruled sua sponte on these junk debt buyer cases the clogged up court dockets could breathe once again.

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Hello Everyone,

It's me again. Could it possible that the Plaintiff file for Motion For Summary Judgement a month after the case has been Dismissed Without a Prejudice? Thank you all for the response.

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If the case is dismissed, then they have to re-file it all over again.

If they've sent an MSJ, then you need to get a copy of the dismissal order and fax it them.

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I actually sent an actual copy of the dismissal order dated May 15, 2011 to CACH's attorney. They sent me a copy of their MSJ on June 6, 2011 they filed their MSJ on June 15. I wasn't be able to answer their motion to think that the case was already dismissed without a prejudiced. However, I was shocked today after I saw on the court's website that they have been awarded on July 25, which I never received a court paper or from the Plaintiff that they won a summary judgment without a hearing. I am confused right now of what I need to do next. Do I need to make a APPEAL, or it's alerady too late for that? Thank you everyone for the response! Here's a copy from the website.

Party sweet

3110Party Type Defendant

ET AL 1

Attorney Number

Attorney Name

Nature

Claim/CC

Filed

Answer

Entry Default

Court Action 25 Jul 2011

Action Type W/O HEARING

Signed

Judgment Type SUMMARY

Mailed

Term Date 25 Jul 2011

Set Aside Judge PEYTON

Writ Rest

Judgment For P

Cost

Cost/Cons

Application Default

Attorney

Award

Award Cost

Award Attorney

Interest 0.000%

Accrual

Bond Type

Bond Disposition

Bond Amount

Bond Paid

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General

Summons Issued

Summons Served 03 Aug 2010

Summons Returned 20 Aug 2010

Service Type PS

Term Type COURT

SA Judgment

Motion Set

Continues

Hearing Type

Calendared

Tickler

Comment

Property Address ,

Accounting

Total $35.5

Total Paid $35.5

Balance $0

Payment Due :

Community Service Hours Due :

Account Transaction Records

Case Party Transaction Date Transaction Type Transaction Amount

CVxxxxxxxx Sweet3110 06/07/2011 Receipt 0.5

CVxxxxxxxx Sweet3110 08/04/2010 Receipt 35

CVXXXXXXXX CACH LLC Defendant 1 06 Aug 2010 RA CIVIL CASE SCHEDULING NOTICES AND DISCLOSURE STATEMENTS MAILED TO ALL PARTIES. LJW

CVXXXXXXXX CACH LLC Defendant 2 22 Sep 2010 RA NOTICE OF SERVICE OF DISCLOSURE STATEMENT FILED BY DEFENDANTS. LJW

CVXXXXXXXX CACH LLC Defendant 3 06 Dec 2010 RA MOTION TO DIMISS WITH PREJUDICE FILED BY DEFENDANT. TO JUDGE 12/27/10. LJW

CVXXXXXXXX CACH LLC Defendant 4 17 Dec 2010 RA PLAINTIFF'S RESPONSE TO MOTION TO DISMISS FILED. LJW

CVXXXXXXXX CACH LLC Defendant 5 27 Dec 2010 RA MOTION TO DISMISS IS DENIED BY JUDGE PEYTON. LJW

CVXXXXXXXX CACH LLC Defendant 6 15 Mar 2011 RA This case has been put on the inactive calendar pursuant to Rule 38.1 (d) & (e) effective today.

CVXXXXXXXX CACH LLC Defendant 7 15 Mar 2011 RA Notice to remain on Inactive Calendar printed by PC

CVXXXXXXXX CACH LLC Defendant 8 26 Apr 2011 RA "PHONE"8:19AM.PLNTFF CALLED RE:MTN FOR SUMMARY JDGMNT.NO MTN RECVD AT THIS TIME.BLS

CVXXXXXXXX CACH LLC Defendant 9 27 Apr 2011 RA *PHONE*PLAINTIFF'S ATTY WOULD LIKE THE COURT TO DISREGARD THE REQ FOR A SUMMARY JUDGMENT. GAVE MOTION PROCEDURE. DR

CVXXXXXXXX CACH LLC Defendant 10 19 May 2011 RA This case has been administratively dismissed (as to defendant(s) due to inactivity pursuant to Rule 38.1 (d).

CVXXXXXXXX CACH LLC Defendant 11 19 May 2011 RA Order of Dismissal (as to defendant(s) sweet3110 only) printed by PC

CVXXXXXXXX CACH LLC Defendant 12 01 Jun 2011 RA *PHONE* DEFT INFORMED CASE ADMIN DISM. DR

CVXXXXXXXX CACH LLC Defendant 13 15 Jun 2011 RA MOTION FOR SUMMARY JUDGMENT FILED. TO JUDGE 7/25/11. LJW

CVXXXXXXXX CACH LLC Defendant 14 28 Jun 2011 RA "PHONE"1:04PM.PLNTFF CALLED RE:STATUS ON MTN FOR SUMMARY JDGMNT. EXPLAINED MTN TO BE SUBMITTED TO JDG 7/25/11.BLS

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File an appeal /motion to vacate...the case was administratively dismissed because of inactivity pursuant to Rule 38.1(d). This is the grounds for your reply to the Plaintiff.

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