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Pre-trial conference this week


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My pre-trial conference is this week.  I sent my RFA's and Rog's to the JDB a coupe of weeks ago and have yet to receive anything.  I answered their discovery and sent that out weeks ago as well.

 

What should I expect tomorrow?  I am supposed to bring my disclosure statement, and I imagine just state that the discovery is still ongoing and that I'm not interested in settling - as there is nothing to settle.  

 

Is there anything else I should be prepared for? 

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My experience in Ohio with pre-trial conferences is, there is definite pressure, from the supposedly neutral magistrate or judge, for you to settle the case.  To the creditor's benefit, not yours.

 

I would hold firm and insist on your due process rights.  Just be aware that the court personnel may not be very nice or unbiased.

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Mine lasted 4 minutes. Check in with the clerk 10 minutes prior to and they will call you and tell you where to go.  No judge for mine just their phx rent a lawyer. She appears for several law firms. She said do you want to settle ? I said no. We went back out to the clerk and signed a form that we had attended . That was it. What is the 40th day of discovery??  If they have not sent anything back in that time frame you can file some motions.

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Mine lasted 4 minutes. Check in with the clerk 10 minutes prior to and they will call you and tell you where to go.  No judge for mine just their phx rent a lawyer. She appears for several law firms. She said do you want to settle ? I said no. We went back out to the clerk and signed a form that we had attended . That was it. What is the 40th day of discovery??  If they have not sent anything back in that time frame you can file some motions.

I called the court and she said it will just be me and the plaintiff in a conference room.  It has not been 40 days since discovery was sent, so they still have some time.  It sounds like it's not a big deal.  I imagine they will show up, but what happens if they don't? Can I file a motion to dismiss? 

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It will not be a big deal. If you read LD-50's thread you will see that she tried to dismiss (altho not a good motion) after they no showed. After they no showed the second time the judge dismissed w/o Pred.  The court usually gives the Plaintiff the benefit of the doubt.  In my case they did not show up for TRIAL and the judge rescheduled. But they said they were in a car accident. I guess if it happened to us we would want the same courtesy.

You can draft up a motion and have it ready in case  they no show. Also check Harry Seaward from Az to see how motions should look.

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I attended my pre-trial conference this week, and just about had a heart attack.

 

My husband is listed on the lawsuit as well - as a John Doe.  Only I attended the pre-trial conference because we didn't think both of us needed to be there. I've been handling all the research on this matter, and felt I could handle it on my own.  I can't believe I didn't look into that. I was so angry with myself that I missed that - of all things.  Wow.  That is the type of mistake I really didn't want to make because they just sit and wait for it.

 

The JDB attorney and I sat down in a small conference room, and after first asking me how my morning was going in the most friendly of tones (pretty sure we're not friends) he mentioned that in a phone conversation months ago, my husband mentioned a settlement offer.  This was before we really had any idea what was going on.  He didn't admit to owing any debt, but apparently when he spoke with an employee of JDB, he offered $100 to settle the alleged debt - as an insult, and letting them know we were not really interested in working with them.  At that point in the conversation I informed JDB attorney that we would not be offering to settle, and he responded by asking where "John Doe" was.  I told him he was not attending the pre-trial conference, and JDB attorney told me he was going to have to go ahead and enter a default judgement against us since John Doe did not attend!  I offered to have him there in 15 minutes and I simply told him I didn't know we both had to be at pre-trial.  I didn't want to be in any position of not being on top of the "rules".  He offered to reschedule the conference - I guess trying to be a nice guy?  I think not.  A judge would still have to decide whether we deserved a default judgement, and I'm not sure how that would go.   

 

He told me to call him if I decided to settle, which we still have zero desire to do.

 

He also mentioned that he had received our discovery and would send out his response.  -Can't wait to see that.

 

Could he have been granted a default judgement due to the fact that John Doe was not there?  I was still there, and I have answered and done all I'm required to do in this lawsuit.  I thought maybe he was trying to manipulate me to get me to offer to settle.  Clearly, if John Doe had not showed up and I had been there offering a settlement, he would not have cared.  

 

So, as it stands, I'm waiting for their response to my RFAs and Rogs.  Should be interesting.  

 

 

 

 

 

 

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If your husband was named on the complaint as a defendant (even if as a John Doe), and if it is mandatory for all parties to attend the pre-trial conference, then, yes, he probably could have been found in default.

 

You said you answered the complaint.  Did your husband answer as well?

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Yes, we both answered the complaint.  I could not believe I missed that. I've read the AZ Justice Court Rules many times, and I thought I could represent both of us since we're married.  I can't understand if he could have defaulted my husband, why he didn't do it.  I suppose I should have thanked him for allowing us to reschedule, but I couldn't bring myself to thank the person who is suing me in the first place.  

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The same thing happened to me and the lady said she would notify Midland and file a default judgement and they never did.  The clerk said that it was fine at pretrial but make sure he is there for the trial.  So I don't think you should worry. Geez half the time the other party doesn't even show up themselves.  I think you are okay. I mean would the judge want you to drag your sick husband out of bed?? LOL

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Well we both signed a paper that elected to reschedule the pre-trial conference in 8 weeks.  I called the court and the gal told me that once that paper is signed, he can't enter a default.  There is not much margin for error, so I hope I don't make any more!

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