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Hi, Yes very rainy and humid today.  I see why no one is stepping in here. It is a complex case. You can always go downtown to the phoenix law library and ask for help. I heard they are extremely helpful. I think anyone here doesn't want to steer you wrong.  You have done alot of work so far.

 

First thing I could add would be did your counterclaim sue them. In other words were they served papers?/ If so, They had 20 days to file an answer just like defendan't so if they did not respond you could put that in your Motion for Summary Judgement.

 

2. If you can prove that these are the same companies I believe from all I've read here that is and FDCPA violations and you can also write a letter to the state bar association.

 

And lastly, after you filed your answer did you file disclosure with the court within 40 days after your answer and sent it to them.?

 

I really think if they called again that you have them on something. Maybe this answer.  But there is some AZ thing they try to contact you before filing a motion. I can't find it right now but it is in the AZ Rules of Evidence.

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hot in az,  Thanks so much for your replies!

 

I briefly looked through the Rules of Evidence, but am not entirely sure what you are referring to.  If you could clarify that would be of help.  The problem is when I call them they never answer and they also never call me - lol.

 

Thanks

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Hi, Okay in reading Az rules of procedure I found Pleadings Allowed

Rule 7(a) reply to the counterclaim An answer to the counterclaim

Rule 12(a) when a cross claim is presented

Rule 12( B) Motion to Dismiss

Rule 7.1 Civil Motion

a Formal requirements Shall be in writing shall state with particularity the grounds thereof and set forth the relief or order sought

Motions must be accompanied by a memorandum indicating the precise legal points, statutes, and shall be served on the opposing party. My note here(You must include that phrase on the back page that says you have 10 days to respond this motion etc...) Affadavits should be filed and served together with the motion.

Az Supreme Court deligated its Initial Case Management to Justice Court so in AZ R. civ P. 16.3 Initial Case Management In no. 22 B meet and confer(which can be done by phone) They call you call and both have to report back to court on that progress.

So that is why they are calling you to fulfill that rule.

Hope this helps. You can also google sample forms to dismiss in Az or Az rules of Procedure. Good Luck

Az R. civ P. 16.3 Initial Case M

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