frosted1

Asset Acceptance going for the jugular. Need Help!!

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Hi There!

 

Just got another letter from the JDB in response to my Objections to Plaintiff's Motions for Enlargement of Time and Extension of Fact Discovery Time, stating (Quote"Plaintiff, by and through their attorney of record, hereby replies to Defendant's Opposition to Plaintiff's Motion for Enlargement of Time and Statement of Discovery Issues.  Both the Order Extending the Fact Discovery Deadline and the Order Re: Statement of Discovery Issues was signed on OctoberXX.  Defendant filed his opposition on October xxxxx(five days later).  Said Opposition is moot as it was filed after the both orders had already been signed."Unquote)

 

I have not been given any notice of these signed orders, until today, and then only the statement that the orders had been signed.  Apparently they were signed the first of the month.  There are no copies of any signed orders with this notification, so I'm confused as to what has been ordered. I received copies of unsigned orders when Plaintiff originally submitted for the request for decision of the Motions.   Not sure which of the several orders were actually signed.  I do know they are after my bank records and a revision of my Admissions answers, which I've already sent them.  I am not going to give up my bank records quietly.  I need to draft something quickly to avoid giving them to the JDB.  Any and all suggestions would be appreciated!

 

I'm still hoping someone will offer some suggestions to Posts 123 & 124 as well.     Anxiously waiting!!!   Frosted 1

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You probably should go check what's in the case file at the court house. It sounds a little fishy that their motions were approved without a hearing, although some courts do that.

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I did receive a notice of a request for a hearing, but nothing has been scheduled.  I've called the Court and asked if one has been scheduled, but they've had no request filed.  Am I supposed to respond to the request?

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Scheduling a hearing and noticing the other party is the job of the party filing the motion generally speaking. If there was a hearing and you weren't noticed, that's a problem.

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I'm having some major concerns over the info in Posts 123, 124 and 126.  I'm hoping some of you folks, especially those familiar with Utah's procedures, can give me some suggestions and answers to my crazy questions.  I'm struggling with what I should be doing and seeming to be getting behind the eight-ball, not in front of it.  

 

I do appreciate all the help you all have been giving me.  It helps to see the bigger picture and your suggestions help to clear things up in my fuzzy brain.    Thanks Again, so much!!!  Frosted 1

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so concerning this signed orders, I would file an opposition to their opposition stating you were not notified until oct. 7th 2 days after the responding period, and you filed a timely objection less than 5 days after receipt of notice.  Be sure and tell the court how you were notified, and that the plaintiff did not notify you, and you still have not received a copy of any orders., that will make them look bad.

 

I can't find an order for the judge to sign, can you make one in word?  Make it to look just like one that was signed, should be simple.  Court info at top, what the order is for, place for his siggy.  Get that bond request filed

 

I do not know if you are supposed to respond to the request for hearing, I would ask the court clerk..

 

Is there more questions? :)

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post-128717-0-12514300-1382437022_thumb.So sorry for the late response Shellieh98.  

 

As if things haven't been crazy enough around here, I've had a bout with the flu.  I do thank you for your kind response and have attached a copy of one of the unsigned orders sent to me.  As to any questions, I have several, but wish to get this Bond request before the Court.  So here are the pertinent ones at this point.

 

1.  Do I send this request in as a motion or is it just a request?  

2.  Am I supposed to include an unsigned order with it?  

3.  Can you put in layman's terms what the statement below means?  Is it something i use in my Bond request or an order?

    

      63G-7-601. Actions governed by Utah Rules of Civil Procedure --

Undertaking required.
(1) An action brought under this chapter shall be governed by the Utah Rules of
Civil Procedure to the extent that they are consistent with this chapter.
(2) At the time the action is filed, the plaintiff shall file an undertaking in a sum
fixed by the court that is:
(a) not less than $300; and
B) conditioned upon payment by the plaintiff of taxable costs incurred by the
governmental entity in the action if the plaintiff fails to prosecute the action or fails to
recover judgment.
Renumbered and Amended by Chapter 382, 2008 General Session
 
Thanks for all your help!  I do appreciate your kindnesses and your willingness to be such help to those of us caught in this crazy cycle.  
 
Frosted 1

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It is a motion.

Include an order with the words granted and a space denied and a space for the judge to check.

That is your rule, include it in your motion.

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Thanks Shellieh98,

 

I'm almost ready for mailing.  You've  been a great help to me and I really appreciate it.

 

Now I'll need a Utah person to answer this one I think.  In the past examples I've seen for a Security Bond, they've included "comes now Defendant and moves the Court "pursuant to Rule 7 ( B)(1)".  Is this particular statute still used?  I ask that because in my reading it stated that this statute was changed, no longer used.  Did I read that incorrectly? Can someone help me on this please.  Also, is it called a Security Bond or would it be better to state a Motion for the Order for Security for Costs Bond?

 

I do need to get a complete copy of a Bank of America standard cardholder agreement for 2009 preferably or 2008.  Anyone willing to share???  I'd sure appreciate it.

 

Thanks again!  Frosted 1

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Below is an example of an order, simply substitute Order on Motion for Security Cost Bond for Order on Motion to Postpone and adjust writing in the order. The formatting did not copy and paste well, but hopefully you will get the idea.

 

Order on Motion to Postpone Approved Board of District Court Judges September 10, 2008 Page 1 of 2

In the District Justice Court of Utah __________ Judicial District ________________ County Court Address ______________________________________________________

_____________________________________ Plaintiff v. _____________________________________ Defendant And _____________________________________ Defendant

Order on Motion to Postpone Case Number ___________________ Judge _________________________

This matter comes before the court on a motion by Plaintiff Defendant to postpone the trial. The court being fully informed, the Motion is

Denied. 

Granted. 

 

Date

Sign here ►

Typed or printed name

Order on Motion to Postpone Approved Board of District Court Judges September 10, 2008 

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Thank you Mr Fletcher!  I really appreciate your help.  

 

Could I ask you,  In the past examples I've seen for a Security Bond motion, they've included "comes now Defendant and moves the Court "pursuant to Rule 7 (B)(1)".  Is this particular statute still in effect?  I ask that because somewhere in my reading it stated that this statute was changed, no longer used.  Did I read that incorrectly?  Can I go ahead and use it or should I refer to 12(j) and 12(k) in that line? 

 

Thank you for any suggestions you might offer.      Frosted 1

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Take a look at below, just make sure you are not going for attorney fees, but costs. The other side will try to confuse the issue by saying a pro se is not entitled to attorney fees.

 

Utah Code Section 78B-5-826 (referred to as the “Reciprocity Statute”), provides the following: “A court may award . . . attorney fees to either party that prevails in a civil action based upon any . . . written contract . . . when the provisions of the . . . contract . . . allow at least one party to recover attorney fees.”

 

In civil litigation, an award of costs is governed by Utah Rule of Civil Procedure 54(d)(1), which provides that, “Except when express provision therefore is made either in a statute of this state or in these rules, costs shall be allowed as of course to the prevailing party unless the court otherwise directs....”. See Utah R. Civ. P. 54(d)(1).” Stevenett v. Wal-Mart Stores, Inc., 977 P. 2d 508 - Utah: Court of Appeals 1999.

 

Pursuant to Rule 12(j) of the U.R.C.P. Defendant requests the Court to require the Plaintiff to submit the Security Deposit of $300.00 for Defendant expenses outlined above and for costs and charges, which may be awarded, should the Defendant prevail against the Plaintiff.  Furthermore, pursuant to Rule 12(k) of the U.R.C.P. Plaintiff must provide the undertaking as ordered by the court within 30 days of the service of the order. The Court shall, upon Motion of the Defendant, enter an order dismissing the action if the Plaintiff fails to file the undertaking as ordered by the Court within 30 days of the order. Bunting Tractor Co., Inc. v Emmett D Ford Contractors Inc. 2 Utah 2d 275 (1954) 272 P.2d 191. Maxfield v Fishler 538 P. 2d 1323 - Utah: Supreme Court 1975.

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Oh Wow!  I'm sure glad I checked here one more time.  I would have sent my motion without the information re:  Rule 54(d)(1).

 

Thank you so much, Mr Fletcher!!!!  I can't thank you enough.  

 

I'm assuming I should include this new information in the Memorandum, itself, but do I also put it in the Motion and/or the Order?   And is Rule 7( B)(1) no longer the applicable rule?

 

Frosted 1

 

 

What's with this smiley-face emoticon?  Every time I put in a "b" it changes to a smiley face.

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Mr KentWA, Mr Fletcher, Shellieh98 and most appreciated Mentors,

 

I've attached my first Motion with Memorandum and Order.  Would you please examine it and make any suggestions you feel necessary to make it an effective set of documents.

 

Mr Fletcher, I did borrow a lot from your posts.  I hope I have not infringed in any way.  If so, please give me your input and I'll make the necessary changes.  

 

I do so appreciate all your suggestions and guidance.  This has been the most daunting thing I have ever encountered, so I do thank you all greatly.

 

Appreciatively,        Frosted 1

Fighting to Win.docx

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They are tough to write! I can't offer any advice as I am out of town on a trip, and my ipad will not open it, I won't be back until Monday. But I'm sure you will get some great critiques from the Utah peeps!

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Anyone reading.... please see the previous posts on page 7.  I'm ready to send the Security Cost Bond motion in, but was reading a ruling in one of the cites and it referred to a Motion to Dismiss.  Am I supposed to file an MTD before I file the Bond letter?  Or should I, at least, have one ready to file?  Also, the cite mentioned a "Notice to Furnish a Cost Bond".  Am I supposed to be filing a Motion or a Notice?  Or are they the same thing?  

I'm really confused now, Guys.  I would really appreciate some suggestions and guidance.  Thanks!  Frosted 1

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Hello????  Anybody out there????


 


Mr KentWA, Mr Fletcher, Shellieh98 and most appreciated Mentors,


 


I've attached my first Motion with Memorandum and Order.  Would you please examine it and make any suggestions you feel necessary to make it an effective set of documents.


 


Mr Fletcher, I did borrow a lot from your posts.  I hope I have not infringed in any way.  If so, please give me your input and I'll make the necessary changes.  


 


I do so appreciate all your suggestions and guidance.  This has been the most daunting thing I have ever encountered, so I do thank you all greatly for any suggestions and/or critiquing.


 


Appreciatively,        Frosted 1


Attached Files

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Guys, I'm struggling here.  I'm supposed to be heading to a hearing in two weeks and I still haven't gotten my Bond motion sent.  Please look at the post above and the attachments.  Let me know what, if anything, I need to change so I can deliver this.  Also, if you could read through page 7 and answer any of my questions, I'd really appreciate that, too.  I don't want to do any of this until I know it is reasonably correct.  Scared of shooting myself in the foot, so to speak.

 

Thanks for all your consideration.   Frosted 1

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Have I said or done something wrong or insulted someone in some way???   I've been requesting help since October 24th and have had no replies at all.  Not sure If I have offended someone in some way, If so, I'm very sorry.  It was certainly unintentional.  I hope that is not the case.

 

I'm not sure what's going on, but would certainly be grateful for a bit of help.  My last four posts have a series of questions that I'm struggling with.  Hope I can get some answers today or tomorrow.  Thanks for whatever help you can give.  Frosted 1

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Sorry frosted, I have been on my ipad only and can't open your doc, I will try and get to a regular puter today, I've been out and about. You have done nothing wrong.

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Thank you so much for your replies.  I was worrying that I had infringed in some way.  I will do the Certificates for sure.  Thanks for the reminder.  I appreciate it!   Shellieh98, I knew you were away.  I'm glad to know you are ok.  Thanks again!  Frosted 1

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Anyone reading.... please see the previous posts on page 7.  I'm ready to send the Security Cost Bond motion in, but was reading a ruling in one of the cites and it referred to a Motion to Dismiss.  Am I supposed to file an MTD before I file the Bond letter?  Or should I, at least, have one ready to file?  Also, the cite mentioned a "Notice to Furnish a Cost Bond".  Am I supposed to be filing a Motion or a Notice?  Or are they the same thing?  

I'm really confused now, Guys.  I would really appreciate some suggestions and guidance.  Thanks!  Frosted 1

I believe it is a motion, and I like the one you wrote, did you file it?  :) they are not going to like that.

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Good job - but change 2 things...

 

Asset Acceptance is a Delaware LLC operating out of Michigan. 

 

----

Also, I know they have been purchased by Encore Capital (parent of Midland) - so I don't know if the LLC even exists anymore - I'm researching SEC filings to figure that out... 

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