frosted1

Asset Acceptance going for the jugular. Need Help!!

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You want to prevent the lawyer or anyone else to see them. It will be hard to prevent the lawyer from seeing them, but I would try anyway.

 

 

There is no way that the attorney would not be allowed to see them.  The reason for the the ordering of the bank statements is for the plaintiff to be able to see any possible payments made to the OC and to match amounts to payments on the credit card statements.

 

Also, if only the judge sees the bank statements, it would be up to her to match any payments to credit card statements.  That's not the judge's job.

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There is no way that the attorney would not be allowed to see them. 

YOU don't KNOW that for a fact, and I said it would be hard to do that but to try anyway.

The reason for the the ordering of the bank statements is for the plaintiff to be able to see any possible payments made to the OC and to match amounts to payments on the credit card statements.

Really? Thanks for the enlightenment. I could not figure out why on Earth the plaintiff would want to see the bank records.

The judge can first examine the documents in camera and if she sees POSSIBLE payments, THEN the plaintiff can view what the judge does not redact. If the judge sees no payments to the OC there is no need for the plaintiff to see it.

 

Also, if only the judge sees the bank statements, it would be up to her to match any payments to credit card statements.  That's not the judge's job.

The judge would only have to match a possible payment to the name of the OC or the JDB. I have seen judges spend plenty of time reviewing bank records etc. You don't know what the judge is going to do, you are just being argumentative 1 second after I made a post, and in this case; time is of the essence.

 

It won't hurt to ask for any of the FEW things I recommended, the judge can and will adjust the request "for the sake of justice" and if not, at least the OP didn't just roll over for her.

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@Anon Amos

 

I don't believe I stated that it would hurt to ask.  Just like you, I was merely posting an opinion.

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Agreed, It never hurts to ask. And it forces them to work more at it. Possibly even more important, you will at least know you did all you could to protect your rights. 

 

A lawyer friend told me to "always ask for the moon in hopes the judge will at least give you the sky".

 

And from a judge I knew; "Sometimes a pro per wins just because he didn't know when to give up".

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Ok Guys!   Since Mr KentWA is out of the picture, I've been trying to find some info on ex parte motions in Utah.  

 

The info given is more confusing than most and my time is real short here.  I ran across one case here in Utah and I pm'd the guy (Newbie) but I've received no response.  Spent last night in the hospital with a kidney stone.  Brain is a little foggy today, what with all the meds.

 

If anyone is more familiar with ex parte's in Utah, I sure could use your help.  I don't even know what form this motion has to take.  From the post I was reading,  Mr KentWA stated that I could go present almost every day.  I just need to get the schedule and show up.  The other question I have... the judge gave me ten days.  Does that get counted as every single day, or does that exclude weekends?  My brain is so fogged today.   Sorry Guys!   Thanks for all your help.

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The other question I have... the judge gave me ten days.  Does that get counted as every single day, or does that exclude weekends?  My brain is so fogged today.   Sorry Guys!   Thanks for all your help.

 

Assume 10 calender days unless you find something that says otherwise, better safe than sorry.

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The ex parte motion takes the same form as any other motion, except the fact that there in no "notice" to your opponent. You don't schedule it for a hearing date, and don't put a hearing date on the motion, it's just filed.

 

You might be able to find something in your rules under "protective order", or talk to someone at the law library.

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Thanks Guys for all your help!   I'm struggling with kidney problems right now and not in too good a shape.  But I'll be back in short order.  Just got to get through this battle before I continue on with the legal one.  On too many meds to think straight.

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Hi Guys!

 

Trying to get my wits about me through a medicated fog.  Pain meds are grand!!!   I've only got til Monday to get the bank info to the Plaintiff.  I'm going to have to hand deliver the info, or can I call them with it?  I didn't have time to do a protective order because of my kidney issue.   Is there anything important that I must or can do to protect myself a little bit, at this point?  I'm open to suggestions.   Thanks!

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Hi Guys!

 

Trying to get my wits about me through a medicated fog.  Pain meds are grand!!!   I've only got til Monday to get the bank info to the Plaintiff.  I'm going to have to hand deliver the info, or can I call them

You could call the lawyer and explain your medical condition and the fact that you are going to comply with the order, and as a "good faith" gesture to agree to a couple more days until you feel better. If he agrees have him email it to you so you have it in writing.

They will probably send a minion to meet you somewhere to give the records up. You probably want to see them first, but not too much you could do anyway. I would get copies of whatever you hand them however. You could call the lawyer and discuss this as well. The lawyer is probably easier to deal with then the people from the collection agency you have spoken with so far.

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Hey Guys!

 

What kind of problems am I going to run into if I lift the "cease and desist from contacting me" order with the Plaintiff's attorney?   Wise move or not?

 

My mother delivered some documents to the attorney for me today and the attorney is requesting we lift the cease and desist.  I never filed a formal order for one, just stated it in a letter for validation.

 

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Hey Guys!

 

What kind of problems am I going to run into if I lift the "cease and desist from contacting me" order with the Plaintiff's attorney?   Wise move or not?

 

My mother delivered some documents to the attorney for me today and the attorney is requesting we lift the cease and desist.  I never filed a formal order for one, just stated it in a letter for validation.

 

I would lift the cease and desist order because you are going to need to talk to  the lawyer at times. If you can keep fighting them and wear them down you need to be able to speak with the lawyer. If you are going to talk about dismissing the case you need to be able to speak to them.

 

I would tell them no problem. You remove the cease and desist order, Now ONLY the LAWYER may call you, and they can mail you documents etc. if necessary.

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I would add too, a Motion for Continuance, based on your health issues.  The court doesn't want you to lose based on the fact you lacked the physical or mental strength to defend yourself.  

 

The judge is interested in the merits -- the plaintiff doesn't care about your health, and may take advantage of it if they are aware that you are struggling.  So Motion the Court on the issue.  To be granted the motion, you may need to attach some documentation to prove it (medical records, a doctor's note....something).  Use a sharpie pen to mark out things you want kept private.  Request that your medical records are kept private from the court record.  But if they refuse to so privatize, the sharpie pen will protect you.

 

You want to be timely with your motion -- don't wait for them to file something first....because the calendar will favor their motion over yours.

 

Once you file the motion, you can safely talk to their attorney about your situation -- since your motion is up and running already.

 

As far as communication with the attorney goes, in person seems to be more friendly and APPEARS to be more workable.  So that's helpful in terms of humanizing the case for them.  However, I also like email conversations.... it creates a record of the conversations and the agreements.  I have a special email account dedicated to attorney communications.

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@jdfkl

 

As far as communication with the attorney goes, in person seems to be more friendly and APPEARS to be more workable.  So that's helpful in terms of humanizing the case for them.  However, I also like email conversations.... it creates a record of the conversations and the agreements.  I have a special email account dedicated to attorney communications.

 

 

I absolutely agree.  If one can show the court that they've done everything possible to resolve issues without involving the court, then if the other party doesn't cooperate, it's the other party that looks bad.

 

The email suggestion is also a good one.  Businesses do this all the time in order to create that paper trail and record.

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Hi Guys!     Contrary to reports, I am still alive.

 

When I last communicated with you, I had just arranged for the 2009 bank records, along with my account name and number to be delivered to the Plaintiff's  attorney.  I then took another dive in health and my computer suffered another virus attack which left it totally unusable.  I'm borrowing one from a friend at the strangest of intervals, so my contact will be sporadic, at best.

 

I just received a copy of the subpoena from the attorney and they have exceeded all expectations in their requests.  The first order required me to provide statements only from 2007 thru 2009.  They are requesting every paper, note, communication, contract, etc that has anything to do with me during that time, not just the statements.  Are they allowed to do that?  I'm really t muchicked!!!  

 

I was not physically able to do much of anything since Feb 3rd because of my health.  My health problem had been explained to the attorney.  I feel she took full advantage of the situation, knowing I was unable to protect myself.  So... now what do I do?  I'm still struggling with the stones and have now discovered other rather serious problems as well.  The stress is literally killing me.  Any suggestions would be helpful.  Can I do anything to stop this subpoena or is it even worth the effort?  Frosted

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Anything I suggest about protecting bank records will just get attacked, or we've already covered. You might look into filing a protective order against the excessive request. I am going to PM you a website to a very good retired lawyer. It may help you because you can call him and leave a message (or email), he will call you back. You might ask his opinion (just a suggestion).

 

Sorry to hear about your health issues, that's going to have to be priority. Maybe you can look into pro bono legal help/advice or representation from your states bar website.

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Hi Guys!

 

I just got off the phone from talking to the court clerk.  I was getting an update on filings since my hearing.  Apparently the judge declined signing the order because the wording of the order did  not conform to the wording the judge felt should be there.  Counsel was so notified.  Yesterday, I received in the mail a notice of a subpoena from the Plaintiff's counsel, ordering the bank to provide not only the statements required from the original order, but anything and everything that ever had anything to do with me within the bank's system and records.  Short of the sweat off my butt, they were asking for it to be produced and sent to them.  They want copies of all applications, signature cards, and supporting documents for all accounts that were open or active accounts from 1/2007 to 12/2009.  Copies of all statements for all accounts for same time frame, copies of all account transaction history for all accounts, same time frame, copies of all checks issued or signed by me to the bank, copies of all documents signed by me, an affidavit or sworn statement by the custodian of records verifying the documents provided pursuant to this subpoena.  They are also asking, as a convenience, please produce these documents and records in an electronic digital format (PDF or TIFF scans} on a CDRom or DVD.  

 

In the original order, I was only to produce the statements for the same time frame.  Are they allowed to request all that they are asking for?  The judge made the statement that Plaintiff was to destroy all records received.  You and I both know that if those documents are provided electronically, there's is no way to protect them from copies or hackers.  Johnson Mark is not privacy protected.  Now what do I do?  And even if they are protected, the records are always going to be available in some format in their system.  If they are digitally stored in the JM files, they will be there permanently, subject to God knows what at their whim.  They give the bank 14 days to comply.  Can I stop this???

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I don't think you can.  But just know since you said there is no record for this case, they are spending a nice hefty sum to get the records all for naught.  And if they try to use them in the 2nd case you were talking about, they will have to subpoena them all over again because the judge ordered them destroyed--if they don't do that I think you will have some recourse.  

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Hi Guys!

 

I just got off the phone from talking to the court clerk.  I was getting an update on filings since my hearing.  Apparently the judge declined signing the order because the wording of the order did  not conform to the wording the judge felt should be there.  Counsel was so notified.  

This sounds to me like the order for records was denied because they took advantage and asked for more than they were granted. The post is  a little confusing unless I missed something.

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  Can I stop this???

Again, you can TRY. You can file for a protective order against the excessive request. Check your rules.

 

You can always TRY, and object to things. Or you can submit to them. We have free will.

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Again, you can TRY. You can file for a protective order against the excessive request. Check your rules.

You can always TRY, and object to things. Or you can submit to them. We have free will.

I think trying is important. If there's already an order for the bank to submit the records, then what's the worst a "NO" could do?

I'm also left very confused by your posts. Seems as though you said that the first order to the bank to submit the records via that subpoena was granted, the one just for the statements. Then it seems as though they provided another order to the judge to submit the statements and have carte blanche inspection of ALL you bank records, except that order was denied. Can you please clear this up for us?

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Hi Guys!  Thanks for all your responses!   I appreciate it immensel!

 

I want to clarify some things.  The first order signed in October required me, (the defendant), to produce all my bank statements from January of 2007 through December of 2009.  Nothing more, just the statements.  I objected and did not provide as required by the order.  I then received notice from the Plaintiff for a Default Judgement.  I objected.  

 

A hearing was held the end of January and a different judge, newly assigned to the case, denied the Default Judgement, but required me, the defenant, to produce my banking information to the Plaintiff so Plaintiff could subpoena my bank statements for the same time frame as required by the original order signed by the first judge.

 

During a meeting i had arranged between my mother and the Plaintiff for the purpose of complying with the latest order, I not only provided the Plaintiff the bank information, but also the statements for the year 2009, (which I had received from a friend who was trying to be of help to me).  During that meeting, my current state of health was discussed and the Plaintiff was made well aware of my current state of finances.  I have also relocated, due to my health issues, and am no longer living in the jurisdiction of the court this suit is being processed in.  I am in no position to run into the court with an ex parte motion, or anything that requires immediate action on my part.  

 

The issue at hand is, the Plaintiff has submitted a subpoena that well exceeds what I, as defendant, was supposed to produce according to the first order I was given. and this subpoena is not what was agreed to in the court hearing.   The Plaintiff is now doing exactly what she claimed she was not doing, which is going on a fishing expedition for judgement purposes, pre-judgement.  My question is, How do I stop her dead in her tracks?

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@frosted1

 

I don't see how the extra requested information would be for judgment purposes.  Cancelled checks would have nothing to do with enforcing a judgment.   Also, an account you had in 2009 may not be open anymore, so that wouldn't help them in enforcing a judgment.   If they were requesting information about your current bank account, that might be information necessary to enforce a judgment.

 

However, they are asking for documentation that was not in the judge's order.   The requests are overkill and have nothing to do with finding out if you made payments on the account.  You may need to contact an attorney to see how best to handle this.  He could tell you if you need to write a written objection to the documentation requested.  Perhaps you'd be allowed to send an objection right to the judge.  An attorney would know for sure.

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