hot in az

My Two Year Case with Midland

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My trial in Az is two weeks away. Should I file a motion to strike affadavit? Also in discovery they sent an affadavit from OC saying they sold a bunch of accounts to midland. Can I motion to strike that. You have helped me thru this process which has lasted almost 9 months and I thank everyone.

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Forget about Motions at this point, move forward with the trial.  You are not likely to put forward a motion that is going to be procedurally correct or legally significant with such little time.  You have two weeks to come up with your defenses at trial.

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Prepare your objections to the affidavit at trial if a witness does not show up. If there is a witness at trial the affidavit is moot anyway.

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So you think it is better not to strike either affadavit because chances are neither witness will appear. Do they have only 10 days before trial to file a motion to have the witness appear telephonically? I went and watched a few trials so I feel pretty comfortable with that part.Of course everyone I watched lost but that is because they did not follow procedure.

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Don't know much about your case but, in any of the trials you witnessed, did a witness show? A JDB will NEVER have a witness from the OC. They will tell you they are on their way in the hall to scare you into settling but they are NOT going to pay for that witness.

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Over two months there have been hardly any cc cases come to trial. I was served by Midland properly. I sent for DV which they sent .The usual redacted stuff and robo affadavit. We had pretrial conference in which phx representative for many companies (saw her in court a few times)asked to settle. Said nope lets go to trial.

They sent Disclosure before I asked for it.They sent only one new thing which was an affidavit from a guy at OC stating he witnessed sale of bulk of accounts.

I sent disclosure as well.

Trial in 2 weeks. Thanks

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It would really help if you would keep all your questions relating to your case all in the same thread.  People just coming in look at your question, and all the detailed info is missing.  Taking the time to find all your threads is discouraging for those trying to help you.  Are all these threads related to this case now? It would be a huge help if they were all on the same one.

http://www.creditinfocenter.com/community/topic/316183-being-sued-by-midland-in-arizona/#entry1191276

http://www.creditinfocenter.com/community/topic/318026-need-help-with-card-agreement-in-arizona/#entry1211914

http://www.creditinfocenter.com/community/topic/318119-goofed-up-answer/#entry1213191

http://www.creditinfocenter.com/community/topic/318567-help-with-disclosure-affadavit-from-oc/#entry1219176

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Yes Shellie, This is all the same case. How do I get them all together???

 

Well since I put all the links here, that may be good enough, from now on post your questions to only this thread, then people will be able to reference what has happened up to this point in time.

 

You could put a brief tmeline of everything that has happened concerning your case that brought you up to where you are now, then others won't have to go back to research it.  This way also everything relating to your case will be all together, and you will be able to find things easier.  :-)

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Forget about Motions at this point, move forward with the trial.  You are not likely to put forward a motion that is going to be procedurally correct or legally significant with such little time.  You have two weeks to come up with your defenses at trial.

Do you think it would not be a good idea to file motions in limine to strike the evidence that hot in az already has?

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Hi All,

Just when I think all my ducks are in a row come more surprises.   Quick update on my case

Got served properly by Midland Funding.  Atty Bursey & Assoc. Amt Aprox  9000.

 

Filed Answer.  Filed Disclosure.  Went to pretrial conference.  They set court date in April.

 

Went to court.  They did not show up. Traffic jam.  Judge did not want to wait 1/2 hour and I said no as well. She

moved to set a new court date.

 

Yesterday I get motion for summary judgement from them.  Called the court they have nothing on file.

 

They have a new affadavit from a different person signed in May.  In my disclosure I asked for the original affadavit signer to appear.

 

They also sent me paperwork from another persons case.  Also an affadavit of sale of account by original creditor. My name not on it.

 

However the paperwork in the other ladies case has her name and address on it. Can I get them on this for anything??

 

I have 30 days to file a motion to oppose summary judgement.  They have 2 pages of case law on why it should be granted.  Can anyone suggest a thread to help me prepare my motion??

 

Thanks for any help

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So you did not get a new trial date yet?

They are stinkers to use that time to throw together a MSJ . Who is this new affidavit from? Was it signed in az?

I don't know about the other ladies stuff, but I would be inclined to mail her a copy along with the cic URL for help, lol. She may be able to use it.;)

So defense for the new affidavit, what does the affidavit say they know? Do they work for the job?

If it was signed in may, there is an issue right there because how could they have personal knowledge about your account transfer at or near the time of event. It is self serving, and if you subpoena her, there is a list of questions we have that will do very nicely when you question her. But I don't know if you can subpoena her for an MSJ, so that would be a tirade issue against MSJ right there. That and the fact Bos does not have your name on it. Also ask them for the address of where you can serve the guy from the oc. (They won't have it, so bye bye affidavit).

Those are some of the things I would do, pick and choose for your case. ;)

I will find the link to witness question ideas for you later, I know I posted it up in the sticky thread titled case laws, motions, etc.

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@hot in az

 

For an opposition to the MSJ, check out this post by Beergoggles who is from your state.

 

http://www.creditinfocenter.com/community/topic/312400-i-need-help-answering-a-motion-for-summary-judgement-in-az/

 

See if any of the claims mentioned in his opposition apply to the claims made in your MSJ.

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is your new court date before the MSJ hearing?  I would really read your rules carefully, by them filing for an MSJ after they didn't appear at trial, I would think that it would have been to late for them to try and admit anything else into evidence, and you would have to check your rules, but dispositive motions usually have to be filed so many days before court.  So the continuance was not so they could dig up more crap, but was becasue they failed to show, anything else should be precluded, and I would put that in my motion.  But you would need to check your rules, and find some case law supporting that.  I know there is some, I just can't remember where I read it. (sorry not alot of help)  If I get a chance, Ill look for it.

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Heres the rule part-- they had to serve it 60 days prior to trial.

 

 

 

C. Motion and Proceedings Thereon.

 

1. Unless otherwise ordered by the court, all motions for summary judgment shall be filed not later than sixty (60) days prior to trial. Upon timely request by any party, the court shall set a time for hearing of the motion. If no request is made, the court may, in its discretion, set a time for such hearing. A party opposing the motion must file affidavits, memoranda, or both within 30 days after service of the motion. The moving party shall have 15 days thereafter in which to serve reply memoranda and affidavits. The foregoing time periods may be shortened or enlarged by the court or by agreement of the parties. The judgment sought shall be rendered forthwith if the pleadings, deposition, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.

 

2. Any party filing a motion for summary judgment shall set forth, separately from the memorandum of law, the specific facts relied upon in support of the motion. The facts shall be stated in concise, numbered paragraphs. As to each fact, the statement shall refer to the specific portion of the record where the fact may be found. Any party opposing a motion for summary judgment shall file a statement in the form prescribed by this rule specifying those paragraphs in the moving party's statement of facts which are disputed, and also setting forth those facts which establish a genuine issue of material fact or otherwise preclude summary judgment in favor of the moving party. In the alternative, the movant and the party opposing the motion shall file a joint statement in the form prescribed by this rule, setting forth those material facts as to which there is no genuine dispute. The joint statement may provide that any stipulation of fact is not intended to be binding for any purpose other than the motion for summary judgment.

 

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Thank you so much for this great help. So they filed MSJ on May 17.  New trial set for June 20. I have to file motion to oppose Summary judgement by Thursday. Can I simply use the case law on the 60 days prior?  Also they are claiming I did not send disclosure which I did. Do I need to attach that?

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@Seadragon 

 

I posted some stuff but PM for great AZ midland SJ opposition and PM me

Mind posting this stuff here?  I would like to see it.  

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@Seadragon 

 

Mind posting this stuff here?  I would like to see it.  

I have to redact a bunch more stuff. Check with Jedimamma123 for more.

 

The Justice of the peace courts in Maricopa county are totally compromised. I had to help vacate a SJ when the court granted a motion to strike plaintiffs evidence and then granted SJ with the same exact exhibits that were struck. The justice s of the Peace "Judges" are actively showing not only bias towards defendants but possible collusion with several large law firms who have "indoctrinated" the judges during the work on the JCRCP. When you read the new rule comments section you can see how the CA's lawyers steer the justices away from the sticking points of debt collection.

 

Sorry wish I had gotten on the ball sooner to help.

 

let me see what you have so far.

 

I have to leave for work in 30 minutes.

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Okay, as I am getting together the motion to oppose summary judgement to file in the morning guess what comes in the mail????

 

An envelope from Bursey and Assoc with a motion and order to continue trial. They are moving to continue trial so the judge can decide on their motion for SJ. This motion is not brought for the purpose of delay and defendants will not be prejudiced if the plaintiffs motion is granted.

In fact both parties will save time and costs.   (My a$$)

 

So now do have to file a Motion and Order to ontinue trial as it is set for next Thursday and they already did not show up to the last trial.

 

In which I intend to ask for costs for time lost from work the last time.

Does anyone have help with this new motion??

 

Thank you

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Does anyone have help with this new motion??

 

Thank you

The new motion serves your purpose and I would agree with it. You are in favor of going to trial, and against the summary judgment. So I would just keep doing what you were doing (opposition to MSJ) as you have no objection to this new motion. If someone files a motion and there is no opposition to it the court just looks at it as if you agree with the motion (in this case you certainly do)

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I would still file the opposition to the MSJ. Out line the issues of material fact, but save your big motion whammies for trial, like the stuff to strike any affidavits, etc. I would work on a motion in limine, and file it as close to trial as allowed. Look in tour rules for that time line. In that motion, it would be to preclude any evidence that has no foundation, strikes of affidavits, etc.

Someone from your state may advise better, I am going off colo rules, az are similar, but different and I don't know all the particulars of your case. I think the motion to cont. trial they filed is ok.

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I think the time line to file a motion is 10 days prior to trial. I will call the court tommorow to find out if it is Thursday of did their continuance get granted.

Do I have 30 days from day I got in mail to file MOSJ?? Hope so that would be next week instead of tommorow and I'm not done. Doesn't appear too many people from AZ have gone to trial. Again thanks for help

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Clarify something for me.  So you were going to trial.  they filed a MSJ, and you had 30 days to oppose it.  Your trial was already set.  My question is, when was the trial?  Is it before you should hear on the MSJ?  If so, I would oppose the continuation of the trial.  They are trying to put it out in case they don't win the MSJ, but if you are ready for trial, ready to file a motion in limine to strike their affidavits, I wouldn't let them continue it if I could help it.  Then you will be done, and they won' have time to come up with more.  MSJ's are an easy out for them.  If they think they have the proof for a MSJ, then they should have it for the trial.  They are stalling.  If you are ready to file your limine, I would file it, I would file your opposition to the MSJ, and I would type up the opposition to the continuance.  They want to be heard on the MSJ before the trial, and if the trial is first, I would go to the trial.

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