Bob Fletcher

Johnson Mark LLC suing for Midland Funding

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Hi Mr Fletcher,  

 

I'm just getting my motion for security bond ready to deliver this afternoon to the court.  Do you have any suggestions RE:  the bond letter that might be useful at this time?  I'm not sure how to word the Order.  Care to advise me there?

 

I would appreciate any help you can offer.

 

Thanks!   Frosted 1

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I' I'm not sure how to word the Order.  Care to advise me there?

 

I would appreciate any help you can offer.

 

Thanks!   Frosted 1

 

 The order is a simple document for the Judge to sign. In essence, it orders the Plaintiff to pay the Bond so there should be a sinature line and date line. It should be formatted at the top like any other court document

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OK, so I mailed my motion in limine to preclude documents (BOS, and Affidavits among a couple of other items), this morning and the CA office will get it tomorrow am. My deposition is scheduled for tomorrow at 10 am. Not sure if the deposing attorney will have read my MIL by then, but thought I would serve her a copy before the deposition.

 

A couple of questions:

  1. Has anyone gone through a deposition of this type? Not sure what questions I'll like face, but feel they have a boiler point depo they receive from their annual debt collection seminars. Any input would be appreciated. Thanks Shellie for what you have already provided!!
  2. What are the thoughts on my filing a MSJ?

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No but my advice, take your time answering questions. No need to rush your answer. Take all the time you need.

 

Good luck!

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Thanks FF!!  So back from the Depo. Most of the Depo centered around Bank statements, credit card statements and purchases from one vendor. Records from all 3 had been subpoena'd by plaintiff.  Showing connections between charges and payments on all 3 accounts. Lots of smirking on the behalf of the CA due to my inability to recollect things from 5-6 years ago. Oh Well, after it was over and we were "off record", they asked if I wanted to settle since they had me dead to rights. (I served them with a MIL to preclude discovery documents.  The 2nd attorney could not keep her eyes off it.) I told them they could dismiss and the CA said I could expect a MSJ soon. I said I would be getting my own MSJ to them. So will need to work on that.

 

Even though I was the one being deposed, I did bring up the Plaintiff's lack of proof for standing. I was asked if I had proof there was no standing. I said it was not my responsibility to prove the standing of the Plaintiff, it was theirs! and none had been provided. They pushed the generic affidavit accross the table from Sallie and I objected to the Exhibit as there are no names account numbers etc. on the affidavit..

 

I am sure I had screw ups, but will continue my case against standing.  Now will need to working on my motion for summary judgment. It seems it may be better to have competing MSJ's.

 

Any help or links regarding this would be very much appreciated!!!

 

Is it anyone's guess if they will respond to my Motion to preclude before filing their MSJ??

 

I am getting down to brass tacks and would appreciate any advice!!!  Everyone here has been helpful!! Standing, Standing, Standing!!!

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For the benefit of anyone possibly having to go through a deposition, I thought I would post some of my take on the process. It does not seem to be common, but who knows, it may become so.

 

The deposition is truly a one way street for the party conducting the deposition.  I went in thinking I had the ability to OBJECT to questions. Fact is, at least in Utah, not sure about other states, you are welcome to object and it is duly noted, but you still have to answer the question.  In my depo, I started to object, because I thought they were asking a bunch personal questions that had nothing to do with the case at hand. Since we were in the Courthouse doing the Depo, the Depo was stopped and we marched into the Judges chambers so the judge could tell me I had to answer the questions even though I objected. When I questioned the judge about it he said I had to answer the question, then at trial the Judge makes the decision about the objection.

 

Meanwhile, you have given the opposing party a piece of information and then they decide if they even want to bring it up at trial. These were mostly personal questions regarding, (in my mind), help in collecting should they get a judgment. This also brings up the fact that they person conducting the depo will only bring things up at trial or in a MSJ, that suits them and nothing that might look good for you. No sure if I can get a copy of the depo, they did not use a court reporter, but used an electronic recording device.

 

A couple of times I tried to ask questions and was told they were the ones asking questions and they did not have to answer my questions. The ideal situation would probably be to depose them after they depose you or have an attorney present. The cost of deposing them makes it not an option for me. It seems they will cherry pick what they use, so be prepared. My most common answer was probably, " I do not remember, what you are asking is from 6-7 years ago"  Seemed to work!

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I would think that you can absolutely ask for a copy of the deposition and use any of it in your defense. I would request a copy from the plaintiff via discovery.

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Need some advice! 

 

I submitted my MIL to preclude Initial Disclosures, (BOS, 2 affidavits from Chase, see earlier posts and a couple of other items). I was most concerned with getting my objections in on the BOS and affidavits. In Utah, the responding party has 10 days to file an opposition, plus 3 days for mail service for a total of 13 days to oppose.  My MIL was mailed the day before my Depo (see earlier posts) and received by the Plaintiff's counsel the day of the Depo.

 

It has now been 20 days since the MIL was served and no opposition has been served upon me.  I know the CA's tend to do everything late but how long do you think I should wait before submitting my request for a decision, and/or if I do receive the opposition to my MIL Do I do anything about the lateness in my response. It just seems the Rules are in place for a reason and the CA is already 7 days late.

 

Our Utah Hero, KenWA, seems to be out of action, so would appreciate any input!!

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I'd follow the rules and submit your request for decision. If you wait and they do eventually oppose, the judge may just allow it even if it is late. It's up to you to enforce the rules.

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I'd follow the rules and submit your request for decision. If you wait and they do eventually oppose, the judge may just allow it even if it is late. It's up to you to enforce the rules.

 

Good advice, thanks!

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It has been a while since my last post, but here is a quick update from the beehive state:

I was deposed in late October and  served my MIL (to preclude documents provided by the Plaintiff in initial disclosures), to the counsel for the Plaintiff the day of my deposition. As we were leaving the Depo, the attorney told me with a real cocky smile that they would be submitting the MSJ very soon.

They answered my MIL with an opposition 5 days late according to the rules. In their answer, they said my MIL was premature in that no MSJ or court date had been filed. They also argued my MIL was longer than the rules allowed and requested the last 10 pages be stricken. This was basically their opposition to my MIL.

In my reply, I indicated that I had combined my motion and memorandum in a single document (which is OK in Utah)and my memorandum was only 7.5 pages. The rules allow 10 pages. I also pointed out their opposition was served five days after the deadline allowed by the rules and requested their entire pleading be stricken.

Now, according to the rules either party may ask for a decision after the moving party files their reply. Since they had not filed a MSJ, I decided to not request a decision until they filed their MSJ, since this was the big part of their opposition to my MIL. And so it has sat for over 4 months.......

 

I received a Request for a pre-trial hearing yesterday from the Plaintiff. No reason for the pre-trial hearing was given. It was a one sentence request citing the Utah Rule. I am inclined to oppose their request for a pre-trial hearing as further harassment on a pro se defendant, especially after hearing nothing for over 4 months and with no reason given for the pre-trial hearing. Of course I will incur costs and have no idea what they want to accomplish. The last I heard, 4 months ago, they were going to file a MSJ.

 

Any input would be greatly appreciated!!!!  Thanks in advance!

 

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what costs would you incur?  I dunno, I might be inclined to submit for a decision. ;)  That lawyer is an arrogant bully, proactive is probably better with his kind, don't wait for him to hit first. (my very humble opinion, others may have better advice. :)  )

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what costs would you incur?  I dunno, I might be inclined to submit for a decision. ;-)  That lawyer is an arrogant bully, proactive is probably better with his kind, don't wait for him to hit first. (my very humble opinion, others may have better advice. :-)  )

 

Costs would not be a big deal, time and travel.

 

I was thinking about submitting for a decision, but my question would be timing. Better to submit well in advance of whenever the conference might be scheduled or just prior, (or at the time) of the pre-trial conference??????

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Yes because if the judge grants your MIL, even part of it, instead of talking settlement, they might talk dismissal lol.  Or they might file the MSJ, in which case your MIL will come into play as well as the awesome opposition you will write. ;)

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