SQLguy

I Think I Just Won My Case. Need Help With Next Steps

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@Spikey Thanks for that. I noticed that it is an Order for Summary Judgement. Would that be the same as a Dismissal Order?

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@Clydesmom I can appreciate that people are not available at the drop of the hat. However did you bother to notice that I have been waiting for 4 days for a response. I DO appreciate the FREE help which is why I thanked everyone who has helped me thus far. It would have been nice of you to contribute to my questions instead of giving a troll answer.

 

When you are using a free site on the internet for handling a court case then you wait as long as it takes.  Your last post was rather snarky towards those who do volunteer to help here because no one had the time to answer you yet.

 

While some members are comfortable practicing law without a license I am not.  I DO NOT give specific legal advice on how to write or file motions, what should or could be filed, or case law.  If you are unhappy with that I am sorry but there is no way I am jeopardizing any future licensing by violating the law now.  

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@Spikey Thanks for that. I noticed that it is an Order for Summary Judgement. Would that be the same as a Dismissal Order?

 

Same intent, just needs to be edited to a dismissal order, quote the right sections of Utah's code, etc. The other option is to do some googling and see if you can find a Utah specific order.

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@Clydesmom

 

Providing case law and offering suggestions is not the UPL.  Most of what we suggest can be found through research.  It's no more practicing law than telling someone to put a bandaid on a booboo or giving them honey and lemon for a cough is the unlicensed practice of medicine.

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I think we need to ban any words or abbreviations pertaining to  UPL (kind of like we did with the word "easy") I don't think anyone ever cared, and some are sick of hearing about it. I don't think (or care) that there is any case law showing anyone ever in trouble for it, but there was a case here where the judge was impressed that the OP was helped by people who had been through it.

 

Also, maybe we can get a "dislike" button as well.

 

@SQLguy  If you get in a bind like that you can always PM people. I think your post just slipped thru the cracks and people missed it, there's really no shortage of help on here.

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Thanks BV and Anon. I apologize if I came off in a negative way I admit I was a bit frustrated and didn't know if I was just asking difficult questions or was being ignored for some reason. I'm so close to getting this thing dismissed that it's stressing me out . I also just received Asset's Motion to Withdraw Deemed Admissions. There are some things in there that have me freaking out a bit an I really need to get this order in ASAP. I'll go into those details later but I'm so concerned about them it is affecting my sleep and is causing panic attacks. This case has gotten much more complex than I have ever anticipated and the last year of dealing with this has taken its toll. I've thought about just giving up several times but the help I have received from the members here always gives me hope. I appreciate all of the help you have given me.

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Thanks for that BV . I do have one quick procedural question I'm hoping to get some input on. The rule regarding orders reads

Unless the court approves the proposed order submitted with an initial memorandum, or unless otherwise directed by the court, the prevailing party shall, within fifteen days after the court’s decision, serve upon the other parties a proposed order in conformity with the court’s decision. Objections to the proposed order shall be filed within five days after service. The party preparing the order shall file the proposed order upon being served with an objection or upon expiration of the time to object.

I did not submit a Proposed Order with my motion (I probably should have but wanted to get the motion in as soon as possible). So the way I read this is that I need to send the Proposed Order to AA and wait 5 days. Then file it with the court. Correct? The thing that has me confused here is that I don't know what the decision on the motion is. I haven't received any paperwork from the court. Do I just call up the clerk and ask? When I called the clerk about the hearing they told me I needed to submit an order but didn't say if the motion had been approved.

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You can use the order Spikey gave you as a template for any type of  order you may need, just change the title to suit your needs, Whatever order the court is asking you for, you need to file with the court ASAP.

A judge may rule your favor, but it's unlikely he / she will draft the order for you, Whatever it is you want the judge to do for you, you write it in your  order.

 

File the order with the court and send a copy to the lawyer. Just assume that the ruling is in your favor and draft the order accordingly. They can object to it, and probably will, but that does not mean it will persuade the judge.

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. I also just received Asset's Motion to Withdraw Deemed Admissions.

You need to file an opposition to this as well.

 

I don't know much about your case. I do know that it gets to be overwhelming at times and you need a break, and do something to relieve stress. Never give up. You will catch up on sleep when it's over.

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Thanks Anon. I will definitely be working on an opposition/response to the Motion to withdraw. I'm a little panicked because they may have me on something. In summary they found an appeals court ruling that states that discovery must be served at least 30 days before the end of the prescribed discovery period. My admissions were served about 2 weeks before the end of the period so they are claiming that was improper.

 

There are some differences though between that case and mine that I hope will work in my favor. In the appeals court case, the service was done the day before the deadline. Also the person receiving the request filed a Protective Order against the request that was granted. In my case there is no objection/protective order on record. I also waited 2 months before filing for dismissal, and once I did file, they did actually respond (My thinking is this negates their "we didn't respond because of improper service argument") The other thing about this ruling is it is using old rules. I'm not sure if that affects anything or not.

 

The nice thing about that is I have 2 weeks to work something up before they can submit it for decision. I'm hoping in the interim I can get my dismissal order in and it will all be done before then. 

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Thanks BV and Anon. I apologize if I came off in a negative way I admit I was a bit frustrated and didn't know if I was just asking difficult questions or was being ignored for some reason. I'm so close to getting this thing dismissed that it's stressing me out . I also just received Asset's Motion to Withdraw Deemed Admissions. There are some things in there that have me freaking out a bit an I really need to get this order in ASAP. I'll go into those details later but I'm so concerned about them it is affecting my sleep and is causing panic attacks. This case has gotten much more complex than I have ever anticipated and the last year of dealing with this has taken its toll. I've thought about just giving up several times but the help I have received from the members here always gives me hope. I appreciate all of the help you have given me.

 

The problem I've notice is that KentWA has been missing lately (hope he's okay), and there's a lack of knowledgeable Utah people here. Makes it hard to answer very specific Utah questions.

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A judge may rule your favor, but it's unlikely he / she will draft the order for you, Whatever it is you want the judge to do for you, you write it in your  order.

 

All depends on the judge, I included an order with my MSJ but the judge wrote his own order by hand no less.

 

Thanks Anon. I will definitely be working on an opposition/response to the Motion to withdraw. I'm a little panicked because they may have me on something. In summary they found an appeals court ruling that states that discovery must be served at least 30 days before the end of the prescribed discovery period. My admissions were served about 2 weeks before the end of the period so they are claiming that was improper.

 

Unfortunately I believe they're correct at least based on my understanding. Hopefully you can find some case law that contradicts them.

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@Clydesmom

 

Providing case law and offering suggestions is not the UPL.  Most of what we suggest can be found through research.  It's no more practicing law than telling someone to put a bandaid on a booboo or giving them honey and lemon for a cough is the unlicensed practice of medicine.

 

@BV80 We don't have to agree whether it is or is not.  I do not have to follow along and do as everyone else does.  My belief is that it is and I choose not to participate in that aspect of any forum.  

 

The reason I disagree is statements like Anon Amos makes i.e. "you need to file this motion" that is not suggesting that is telling someone what to file.  So is posting a motion to copy and paste, fill in your information, and file as Spikey did.  If they are willing to take the risk and do it that is fine.  I am not.

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@BV80 We don't have to agree whether it is or is not.  I do not have to follow along and do as everyone else does.  My belief is that it is and I choose not to participate in that aspect of any forum.  

 

The reason I disagree is statements like Anon Amos makes i.e. "you need to file this motion" that is not suggesting that is telling someone what to file.  So is posting a motion to copy and paste, fill in your information, and file as Spikey did.  If they are willing to take the risk and do it that is fine.  I am not.

 

:medusa:    xhitwallx

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The reason I disagree is statements like Anon Amos makes i.e. "you need to file this motion" that is not suggesting that is telling someone what to file.  So is posting a motion to copy and paste, fill in your information, and file as Spikey did.  If they are willing to take the risk and do it that is fine.  I am not.

 

Ugh. Will you please just go away. You have done nothing to help me here and my thread is not here so that you can fight your own little internet pissing match. BV, Anon, Spikey, KentWa, and many many others have helped me tons. All you have done so far is argued why you refuse to help. If you are just going to troll this thread then I would appreciate you just ignoring it all together. It's obvious you don't want to provide the help I have asked for. I'm fine with that. There are plenty of other people out there that are willing to help and share.

 

Everyone Else - I apologize for feeding the troll here. I know the best way to handle trolls is to ignore them, but I felt like this had to be said.

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@BV80 We don't have to agree whether it is or is not.  I do not have to follow along and do as everyone else does.  My belief is that it is and I choose not to participate in that aspect of any forum.  

 

The reason I disagree is statements like Anon Amos makes i.e. "you need to file this motion" that is not suggesting that is telling someone what to file.  So is posting a motion to copy and paste, fill in your information, and file as Spikey did.  If they are willing to take the risk and do it that is fine.  I am not.

 

@Clydesmom

 

I don't think Anon Amos did anything wrong by telling someone that they need to file a certain motion.   That's the same as telling someone that they need to answer a complaint.

 

Also, posting a document that anyone could find online is not a problem either.   Courts post forms online for people to copy and fill out.  If that was considered the UPL, I would think courts wouldn't be allowed to do so.  But I understand your opinion.

 

If anyone is concerned about the issue, check your state laws in order to find out what your state considers to be the UPL.

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@SQLguy

 

I wish I had noticed your response earlier to their request for you statements.  That request has nothing to do with privacy and prying into your finances.  Claiming that they can't see your bank records before a judgment has been rendered in their favor is incorrect.

 

Just as we have a right to documentation that can help us prove our defenses, a plaintiff has a right to documentation that can help prove their allegations.

 

If a defendant denies opening an account or "doesn't recall" the account, the creditor or JDB is within their rights to request bank statements to determine if the defendant made payments on the account or that match payments on credit card statements.

 

That's why I've asked people if their bank records would show payments on an account.  One has to be careful denying opening an account if your records will show payments toward that account.

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@SQLguy

 

I wish I had noticed your response earlier to their request for you statements.  That request has nothing to do with privacy and prying into your finances.  Claiming that they can't see your bank records before a judgment has been rendered in their favor is incorrect.

 

Just as we have a right to documentation that can help us prove our defenses, a plaintiff has a right to documentation that can help prove their allegations.

 

If a defendant denies opening an account or "doesn't recall" the account, the creditor or JDB is within their rights to request bank statements to determine if the defendant made payments on the account or that match payments on credit card statements.

 

That's why I've asked people if their bank records would show payments on an account.  One has to be careful denying opening an account if your records will show payments toward that account.

Whether or not they have legal right to your bank records or not, I personally would object to them having access to these records, and leave it to the judge to decide. There are probably judges that could go either way. You do have a Constitutional right to privacy. If the defendant did make payments, then proof of this would be "equally available" to the plaintiff. It may not always work, but it's worth a try. 

 

I am not saying that you don't have good points here, or that a judge will sustain an objection to the statement request, but I definitely would not  let it happen without a fight.

 

As far as being careful denying opening an account that may be on your bank records; some people deny on belief or information, and see what the plaintiff is able to come up with. If it becomes too damaging they can always settle before trial. Many times the plaintiff dismisses before it gets that far.

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@BV80 We don't have to agree whether it is or is not.  I do not have to follow along and do as everyone else does.  My belief is that it is and I choose not to participate in that aspect of any forum.  

Nobody asked you to. Nobody (here) cares why you won't do something. If you choose not to participate in something, just don't do it. We don't need constant and unsolicited reminders of why you won't do something. 

 

The reason I disagree is statements like Anon Amos makes i.e. "you need to file this motion" that is not suggesting that is telling someone what to file.  So is posting a motion to copy and paste, fill in your information, and file as Spikey did.  If they are willing to take the risk and do it that is fine.  I am not.

Nobody asked or cares why you don't agree with my statement. And it was not intended to be a suggestion, it was a fact, and something he  needs to do. If you really do believe it is illegal; why not just keep your opinion to yourself, and stop drawing attention to it.

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@Anon Amos

 

I definitely agree that you object.   I'd object on the basis that it could be overly burdensome and/or costly.   I'd also say that absent proof of the plaintiff's ownership of the account in question, the defendant's bank records not likely to lead to the discovery of relevant information.

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@Anon Amos

 

I definitely agree that you object.   I'd object on the basis that it could be overly burdensome and/or costly.   I'd also say that absent proof of the plaintiff's ownership of the account in question, the defendant's bank records not likely to lead to the discovery of relevant information.

I tried that in my original response to the motion and apparently the judge wasn't having it because he issued the order anyways. I did argue in my response to the sanctions request that I had a reasonable belief that my Request To Dismiss would be granted and that I shouldn't have to provide them until it has been decided. I was hoping to argue this stuff orally and requested a hearing in my MTD ( the rules allow this as long as it is under its own heading) However when I called the clerk there was nothing scheduled and was basically told that they don't have time to read through the motions and that if I want a hearing it has to be requested in a separate filing.

I did mail off my Dismissal Order today so here's hoping.... I'll post the details on the Motion to Withdraw Admissions in the next couple of days. I can say that I need to know how to get an affidavit thrown out. I'm thinking I can object to the affiant as an undisclosed party.

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@SQLguy

 

I'm thinking I can object to the affiant as an undisclosed party.

 

 

I don't understand.  What do you mean?

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