MrBubby

Sued by Jarold Kaplan - Midland Funding - Dell

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I called the court a second time and another lady confirmed that they received the document. She stated it just takes a while for them to file everything into their system. The same day the attorney received my initial response they sent out a letter stating "they can't find me and I didn't response" and their request for default judgement. This week I am submitting my response to their request for default (I have 10 days) and sending off my ROGS, Admissions etc.

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Good there are several people who have good threads from AZ lately. ABCand 123  and JayinAz are a couple. Chime in if you need help.

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Okay! Here is my update!

In the mail today I received the following items:

 

Request for admissions

Disclosure from the attorney dated 8/7

Second Disclosure from the attorney dated 8/15 ammended. (Documents were the exact same with the exception of the "List of documents.) The list of documents include the following

Affidavit of Balance Owed - Signed by encore employee? (with original summons)

 

Credit Agreement - Just a printoff from on-line (with original summons)

 

*NEW

1. Bill of Sale. Lists the original creditor and "assigns all right, title and interest in and to those certain accounts described in Schedule 1 attached hereto and made a part of hereof for all purposes" Dated 1/2012 By the OC

2. Schedule 1 - "Accounts specifically identified in the following file: Web list asset sales 2012.spreadsheet" (That's the whole thing)

3. Affidavit of sale by OC Document - On or about a specific date The OC transferred or otherwie conveyed a pool of acct's transferred the acct's. blah blah blah. Signed by OC rep.

4. Bill of Sale. Another document says items were sold & outlined in TEXT document named blah blah blah.

5. Another Bill of sale, blah blah blah that makes no mention of the JDB.

6. A page that shows the OC acct number with the amt, my name, last four of SS# and last payment date. Possibly a printout for their spreadsheet?

7. A bill from MCM

8 A printout of purchase history.

 

Here is what I have completed today and I am mailing tomorrow

My response to their request for admissions

My discolsure (to court and plantiff)

My request for rog's

My request for production

My request for admissions

 

What else am I missing? Any thoughts?

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Looks like you have it covered. Maked sure in your RFP you have one good statement like The Plaintiif is not the legal owner of the debt that is the subject of this lawsuit.  Admit Deny.

Then if they do not respond in a timely fashion you will file a motion to deem them admitted.  You filed a response to their default Right?/

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@hot in az You bet I did!

I also included the tracking number in my response which shows the date they received my initial response. They happened to file their summary judgement after they received my response :)

I mailed everything out today, so we will see where we go from here! I included previous cases and I sent them as many questions and requests as I legally could lol. It should keep them busy for a while lol.

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You are on top of this Bubby!!  Just keep track of the date discovery ends plus 5 days for the mailing. The next step is they will schedule a pre-trial conference .

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Update: I have received a notice from the court that my pretrial conference is scheduled for Mid / Late October.

Today I also received a packet from the attorney which was their request for Motion for Summary judgement. The motion is based on the grounds that there are no genuine issues of material fact and that they're entitled to judgement. In their motion they have also attached the documents I've been sent previously.

 

So far It has been about 23 days since I sent my requests and I have not received a response yet.

 

At this time I am going to research what I need to do in order to respond to their motion. I have 30 days to respond.

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Can you post their MSJ?/ We from Az have some great MOSJ here.  You just have to reply line by line to what they are stating so it helps to see it.    Also in response to your discovery questions they have 40 days plus 5  for the mailing so just keep track of when it is due. If they don't respond then you can take action.

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@hot in az I have completed my request for summary judgement and I am mailing it out today. @Harry Seaward I used his as a template so I really owe him a big thanks!! In total my response is 10 pages. They won't be happy when they receive lol :) Also today I received two documents from the law firm. The first is a letter actually signed by the attorney which states that it would be beneficial for both parties to settle prior to court. I surely will NOT be looking to settle. I am very prepared thanks to everyone on here! I also received their request to appear via telephone to our first hearing mid October. I only have 10 days to respond to their request so I will be requesting it to be denied tomorrow and mailing it out Friday. In my mind, it is a big insult for them to sue me, put me through all of this work when I have better things to be doing while they're just using all templates and having a receptionist of sorts stamping their documents. It's an insult that they would sue me and then request to appear by phone. I work for a great company and I am lucky to be able to take off time whenever I want for vacations or court in this situation. However, if I am leaving work to appear, they should be able to appear as well when this is their actual job. Anyways I am just rambling :) Everything is still going great @hot in az and I will be posting more as soon as I have updates. 

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Good for you. I just postedto stomp the same thing. I was lucky like you to be in a position I could go to court at whim. i just said to stom p for the pretrial , it lasts 4 minutes, no judge, but I did not care. You sue me , You show up. It was a robo lawyer who represented 4 law firms, just in case the defendant did not show up. Offering a chance to settle. LOL .  No judge in the room. Go to the clerk window and file a form you attende the special pre-trial conference.  and my hubby was not there so she threatend to call the Plaintiff and they would file MSJ. BS Never happened . The other party only has be present at trial .Wonder how many people fall prey to that. LD-50 from AZ was freaked and they dismissed her case because the Plaintiff missed 2 pretrial conferences.

 

so the moral is you do what you are supposed to do and wait for them to falter. thanks for keeping me updated!!!

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@hot in az @Seadragon My motion to deny their MSJ has been filed. I used the template which was established by @Harry Seaward (God love him for it!) The attached is my motion to deny their MSJ redacted. I am uploading this because yesterday I received their "Plantiff's reply to my response to their MSJ" I am uploaded their response shortly as soon as I redact information from it.

Thank you everyone for all of your help!!

 

 

Edited AAA.docx

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I can't see it in this format. I have an older computer. Pdf. But someone will look. if you have extra time at the pre-trial you might call the clerk or look at the docket for the day and sit in on a trial just to see the way some go. I  went three times on Thursdays. That's when they are.It was quite interesting and gave me more confidence when I went to the trial.  After the pre-trial work on the MIL's . I'll send you some redacted ones.

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Please see the redacted Response from the Plantiff in response to my request for their MSJ to be denied. Sorry ... My PDF editor didn't like to make it easy to redact info! Also, they're at 41 or 42 days since I have mailed my request for request of admissions etc. Since AZ allows 40 days for a response what should my next step be? Also, what do you guys (and ladies) think of their most recent response?

 

Thanks Again!

Redacted Response To Repsonse to MSJ.pdf

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On the time frame for them to respond to your discovery requests they have until Oct 5th because of mailing and  the labor day holiday. You can get your motion to have them deemed admitted if they miss the deadline.

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Wow, It looks like they almost word for word stole my MOSJ and are now using against us.  The bill of sale does not reference your name.

Defendant's have never entered into any type of agreement with Plaintiff, Furthermore, "Breach of Contract" has been the Plaintiff's standing/basis since the very beginning, since the Complaint was first filed, yet there is no contract between Plaintiff and Defendant(s) as evidence. No written agreement, not contract, nothing at all in relation to contracual agreement. There is nothing binding or admissable, but strictly hearsay.

 

Summary Judgement should not be granted where there is a genuine disputed issue of material fact or even the slightest doubt as to the facts. "Farmers Ins Co. of Arizona vs Vagnozzi, 675 P. 2d 703. Arizona Supreme Court 1983

 

The summary judgement standard is well settled, Plaintiff, as the party bearing the burden of persuasion at trial , must present admissable evidence to sustain its burden as to each element of its cause of action. Plaintiff's motion for summary judgement , and opposition to Defendant's Oppositin should NOT be granted as there ARE genuine disputed issues of material facts.

 

We will not affirm a grant of summary judgement, however even in the absence of contoverting evidence, if the motion and evidence filed in support of summary judgement are insufficient to show that no material issue of fact exists or that that movant is entitled to judgement as a matter of law. "United Bank v. Allyn 167 Ariz. 191,194-96,805 P.2d 1012.

 

The Plaintiff has mentioned the authenticity of their affadavit. Without being able to subpoena , and question in court the affiant , the Plaintiff does Prejudice the Defendant's.

 

Defendant(s) object to the Plaintiff's Motion to Oppose Defendant's Motion to Oppose Summary Judgement .

The Defendant(s) respectfully prays and respectfully requests from the Honorable judge , that the Plaintiff's above request be denied.

 

 

Anyone feel free to add on to this or critique.

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@hot in az Your feedback is so very appreciated! It is amazing how easy it is to other templates that other members have put together. Through doing searches, whether is it @Stomp or @Harry Seaward etc etc ... the documents are all exactly the same. Last week I received a call from Jarold Kaplans office saying they are debt collectors blah blah blah. I answered the phone to see what they had to say. This time it was just them looking to determine if I wanted to do a settlement. They were additionally asking a lot of questions such as "Did you receive the documents we mailed on such and such date. They were also trying to ask questions to get some information out of me. Every response I gave regardless of the question was "I have filed my response with the court and in my disclosure statement" One question she asked was "We can settle this if you have proof that it has been paid off just send us all the documents you have and we can get this taken care of" lol My standard reply was "All documents and information was in my disclosure" I should've had better answers but I was getting REALLY pissed just talking with them lol. I eventually just hung up on her after about 5 minutes of her probing for information. Also, I have received the same "settlement" letter as @Stomp received the first time. In regards to that letter, I never responded. So far for this week, I have to put together my request to have them show (in regards to their response to my response :) and another piece on their MSJ since they responded to my response. Thanks again I will keep everyone updated as soon as something new comes up.

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Good Going, I never talked to them on the phone as I just have a work phone. It sounds like a waste of 5 minutes. I just could not believe that they would use my MOSJ case law and turn it around to oppose yours.  Only in Arizona.  Geez.

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Hello Everyone,  Up until two days ago I have not heard anything from the courts. On Saturday I received a letter from their attorney showing their costs they filed with the courts. This morning I called the courthouse and they informed me that the judge granted their MSJ :waah: Can the judge grant that even if ignore my interog's and discovery? Apparently the judge granted their MSJ a few days after mediation. (The courts didn't send me any info on it and their website was still showing new case). The nice lady at the courthouse is mailing me the court docs. I am frustrated and not sure what to do at this point. Any ideas? I assumed their MSJ would be denied since I used practically the same templates everyone else used with success. Any help would be appreciated. Thank you

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MrBubby - I am helping someone in a similar situation, same law firm, same plaintiff, same court, except with a credit card debt.  The other simliarity is the affidavit.  It is signed by Jessica Vogt.  However, I noticed that the signature doesn't seem to be that of Jessica Vogt.  I did a search for her name with midland funding and came up with this case which has the same address but with a Jessica Vogt as the notary.  Her signature is different.  So is there a Jessica Vogt that works as a notary and notarizes for the same offices where a separate Jessica Vogt works as a "legal specialist?"  I would be very interested in seeing the signature used on your affidavit in order to compare notes.  I sent a PM on the matter.  Anyone else have a Jessica Vogt notarized case file with signature?  Thanks!  -azblues

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All you need to do is go pull some case files and find the affidavits... look up cases that actually went to trial. 

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Crap Bubby, I am sorry. Gone out of state for two weeks.  Read the Az Appeal Laws. I think it is 56 that gives you 6 months to bring a motion . I am appealing mine but if you go to the law library downtown across form justice court they have the up to date rules of procedure, and one says you have up to 6 months to file a motion.  The one you wanted was 14 days for a new trial or motion to reconsider.  Give us an update on whats going on..

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If your discovery was not answered, then MSJ was premature and should not have been granted.

 

You need to file a motion to set aside the judgment. 

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