hot in az

My Two Year Case with Midland

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The plot thickens thicker than my gravy on Christmas.  So the judge ruled on my motion for more time on my appeal memorandum on the 16th.

The clerk told me she gave until Jan 15th.  I still had not received the signed motion in the mail , so today I went down to court and asked for a copy of the motion.  She said it was not entered in until the 20th.

 

The motion was signed by the judge and the date of the memorandum due no later than Jan 13, 2014. I told the clerk the judge gave me until the 15th , which was the date I filed the appeal.  So since the judge has not ruled on my appeal motion and the date was written in incorrectly, I fied for another extension of a month to Feb 15 to give the judge time to rule on the other motion.

 

I am seriously thinking of getting advise to see if I can subpoena court phone records to prove I was lied to twice on these dates. Food for the fodder for the book.  LOL

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Can anyone who has appealed give any advise on how to write up the memorandum for appeal?? I have the form but should I fashion it like my MOSJ or use mt trial brief the judge refused to take?? Do I include what has happened in the case and the trial??

 

Ar there any good books to show the best way to write a memorandum?/

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@hot in az

 

There's got to be a "forms and pleading" book, or something to that effect (in your law library), that has everything, and is for your jurisdiction. You could also pull the file of an appellate case and see how it looks.

 

I know Seadragon has filed them (but not AZ law).

 

Just suggestions.

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Yay,  A letter finally came from the court. Mailed the 24th .  So exciting . Asking for more money  $300. Woo Hoo.

 

It was from superior court saying that I had filed a procedural motion on a pending appeal in the lower court and transferred to superior court.

 

An appeal filing fee of 300 is equired of the appelant in this matter to be paid within 30 days or the appeal will be deemed abandoned.

 

That is so cool snce the court gave me an additional 30 days to file my memo and the fee should not have to be paid until then.  However, the court still has not ruled on two motions outstanding. One of which to delay an additional month . and of course when I called he court no one can tell me anything until Monday.  Sweet

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Hang in there. It sounds like they are trying to do what they can to detour you.

 

My original thoughts (not knowing too much about your case) were that you may have a hard time winning an appeal, but that you should try anyway. But If your issue for appeal revolves around the business records exception to hearsay (I know you understand that,  and can argue it)  your chance of getting this case reversed are probably good. And you may be able to get much of theses fees back when  you beat it.

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Called the clerk. The one who entered the date wrong won't be in until Thursday now??

 

The manager could not explain much more than to say than to call back to sup court.  Oh, and to file my memorandum and transcript with them. But superior court is asking for the fee.  But, I figured it out. They finally on Dec 24th sent over the Plaintiff's motion to deny my appeal and my response to oppose their motion. So sup court is asking me to pay the fee to make a decision on that.

 

I can't believe they waited more than a month to send that over.  That means the judge in superior court still has 90 more days to rule on that motion. After I pay the fee.  Good grief!!!!

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Called the clerk today. She could not RECALL telling me the judge gave me until the 15th. So I guess he gave me 28 days not the month she told me.  She gave me a manager who explained that because my case was strange the Motion to deny appeal sat at justice court on a pro tems desk, until I asked where it was and it was sent to sup court a month and 1/2 later. Thats why sup court wants my appeal fee up front to rule on the motion. Then they have up to 60 days to rule on it.  Oh, the manager said my motion to extend time was still sittting in my file and not on someones desk.  OOPs

 

His reasoning was that the clerks rarely see a procedural motion and did not know what to do with it.  Lol

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You may want to look into whether or not you have a court commissioner for complaints or possibly the Attorney General at some point.

 

I think they would be hard pressed to show how you are receiving you Constitutional right to Due Process.

 

Anything from the clerk etc. is going to need to be in writing.

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Oh I have it and it is her signature, as it has been on several docs. Also it is interesting that lately a couple people in AZ's cases have been set MTD per Rule 144(e) which I will be fighting in my appeal as my trial was set after ten months.

I called sup court today to see if the judge she claims signed the extension was even on the bench that day and will compare signatures. I personally think she signed them both which is why she got mad and put me to amanager right away. You can always tell when someone has made a mistake when they get mad at you.

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Thanks flyerfan!!. Ok an update !!  My CD is being transcribed. The lady is a gem because it is so hard to hear and I quoted alot of case law. I called last week every day to see if the judge had ruled on my second extension.

 

Finally, on Wednesday the clerk said the judge had granted me two more months and She had personally mailed it out.  So Thankfully, I have untl March to get my memorandum in. By then the superior judge should have ruled on the motion allowing or (denying) my right to appeal.  Until then,  I am really toying with the idea of the book, as I always wanted to be a writer. I think that alot of people in here from Az (or elsewhere) could shed light on what is happening in our court system.

 

Names would be changed to protect , but heck I'm stickin with Hot in Az.

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Hi all,  Just wanted to update my never-ending case for anyone who cares.

After filing an appeal in October, the Plaintiff filed an Motion to deny my appeal.  I filed an opposition to that saying  did get it in on time.

Finally now in March I get a superior court decision on those motions. A 9 page verdict in favor of my right to appeal and denying the Plaintiff's motion. And pretty much down to the wire as I had to file my transcript and memorandum by Wednesday.  But in the Minute Entry it gives me 60 more days.

 

So anyone's help on perfecting a memorandum would be welcomed.

 

It acually worked in my favor that the judge took three months to decide my case. Superior court said there was no way I should have to call every day and ask if a judgement was entered. And they never recorded when it was entered, just mailed.

Round one -them  Round two -me  Now it's on to the appeal

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Great Job!  ::USA::

 

I would offer to help, but what you are into is way over my experience level. I would PM some of the attorneys & law school students here. If you didn't live so far away I would at least help make the coffee!

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Can anyone tell me if Certified Collectors vs. Lesniak is a quotable memorandum case?? And Thanks Dave Phx for posting some very informative info in the Chase Fraud Case.  My biggest obstacle in the Appeal memorandum is the judge letting the business records be admitted.

 I used all the same case law that Dave used , so should I just reiterate it again in the memorandum??

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@hot in az

 

Here's the link.  Where does it say that it's a memorandum?

 

http://scholar.google.com/scholar_case?case=6289984801952941048&q=%22certified+collectors%22&hl=en&as_sdt=820004000000000000000ffffffffffffe04

 

It's been quoted in other cases.  Go to the top of the page and click on "how cited".

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Sorry, i meant I was working on my memorandum, and  read somewhere this was not a citeable case . I used it in my post trial memorandum. I am wondering if I would get more help if I upload mt post trial memorandum and the Plaintiff's. The judge apparently made his decision on these altho refused to say why he ruled

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Certified Collectors vs. Lesniak is an Arizona Supreme Court case - can't get any higher authority in AZ.

 

I believe..... all Supreme Court cases are citable.

 

It is Court of Appeals Court that often issue non-citable Memorandum decisions, however the logic used is still very relevant.

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Curious if Christine's AZ CoA appeal briefs (link posted here: #4 ) have proved to be a useful resource in writing a memorandum for a justice court appeal to the superior court?

The content for appeals from JC are much more limited than those from SC to Appeals Court.  When appealing from SC to Appeals Court, it's called an Opening Brief as opposed to a Memorandum when appealing from JC.  One major difference is JC appeals memorandum are limited to 15 pages.  Another difference (as seen in Christine's memo) you have to include a table of contents and table of citations in an Opening Brief.  Appeals Memorandum are just straight to the Facts, Argument and Conclusion.  Just like writing a MSJ minus the SOF and exhibits.

 

See page 10 for the basic layout requirements of a JC appeals memorandum:

http://www.supreme.state.az.us/media/pdf/oldpdfs/00LJCivilAppealsFINAL.pdf

 

Seriously, if you can write a MSJ, you're 90% there.

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Thanks flyerfan!!. Ok an update !!  My CD is being transcribed. The lady is a gem because it is so hard to hear and I quoted alot of case law. I called last week every day to see if the judge had ruled on my second extension.

@hot in az,

Could you please tell me (or PM me), how much this CD transcribing cost you ?

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Arizona courts don't care about Maryland laws, what were you arguing?

I'm just curious: if Arizona cares about Federal Laws and Supremacy Clause

(US Constitution, Article Six, Clause Two):

"This Constitution, and the Laws of the United States which shall be made in

Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land;

and the Judges in every State shall be bound thereby,

any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

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I'm just curious: if Arizona cares about Federal Laws and Supremacy Clause

(US Constitution, Article Six, Clause Two):

"This Constitution, and the Laws of the United States which shall be made in

Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land;

and the Judges in every State shall be bound thereby,

any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

State courts rely heavily on RELEVANT decisions in federal court, especially when in the appropriate circuit's appeals court, which would be the 9th for Arizona.

 

Just got a notice that I was quoted here so I thought I'd check.  FYI, what REALLY sucks about Arizona is that you can't appeal up to the court of appeals or AZ supreme court from justice court after a superior court appeal (with very few exceptions.)   I'm very glad Acarta sued me in superior court (got a small check last week and they dismissed their claim voluntarily, finally) and that I prevailed against Midland in justice court (now suing them in federal court and appeals court re FDCPA and FCRA claims). 

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@Christine

I prevailed against Midland in justice court

Was this on appeal? Did they cave or did you actually beat them on their evidence at a trial?

I know you're not in Maricopa but things are dismal down here with the JDBs winning their MSJ in JC here. Just looking for any little nuggets of hope.

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Midland failed to respond to my cross motion for summary judgment (SOL / evidence) after receiving an extension to research the issues.   The judge ruled that the SOL expired, but denied my motion to strike their evidence.  If Midland had submitted anything whatsoever they would have won in justice court because judge Taylor hates me and anyone who dares to show up in his court w/o attorney.

 

As I stated very early on in this thread, I'm a huge believer in motion practice and NOT going to trial and it was fairly easy to modify my Acarta appeal brief for the Midland cross motion for summary judgment.  I've previously had to appeal two justice court rulings, lost one (venue) and prevailed on one (TCPA).   

 

One way of getting out of justice court may be to assert counterclaims in excess of $10k so that superior court has jurisdiction and then you can appeal all the way to the AZ supreme court.

 

And just in case anyone cares to DO something about the AZ crappy judges and rules, I do intend to contact the AZ AG and whoever is in charge of corrupt / incompetent judges.

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...

And just in case anyone cares to DO something about the AZ crappy judges and rules, I do intend to contact the AZ AG and whoever is in charge of corrupt / incompetent judges.

The Arizona AG got on the ARM industry's radar a couple of days ago: http://www.insidearm.com/daily/debt-collection-news/debt-collection/is-a-debt-collection-appointment-sparking-a-political-scandal/

 

My guess is that with all that is on his plate, the AG is probably not able to hear real well. When contacting him I would attempt to make my voice loud enough to be heard. Perhaps a sizeable campaign contribution would help. IDK

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