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Preliminary Conference tomorrow - please help


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Hello, I posted in my old thread and got no responses so I posted as a new topic, sorry.

 

This was what I asked:

 

The JDB attorney filed for an RJI.  They are stating breach of contract.

 

I answered their interrogatories a while back but never requested anything of them.  I really don't understand the whole process despite reading here and the CPLR's.  I recently received a package of papers with the "Designation and Discovery Stipulation and Order - Standard Case" which seems to have nothing except one part relevant.  I am attaching. Also was general "procedure" for the court - i think at least - it is confusing to me (also attached).

 

A cover letter from the atty, says the stipulation & order must be filled out prior to the conference and that I should call them to discuss the stipulation.  I have not had any contact with them at all.  Do I need to call them?

 

The "instructions" say to provide the court with "marked pleadings" and "bills of particulars". 

 

Does anyone have any tips on how to prepare myself for this conference.  I really feel very nervous & unsure of my understanding of the basics in civil law..

 

The attachments are in my previous thread.

 

http://www.creditinfocenter.com/community/topic/320105-in-ny-need-help-answering-plaintiffs-1st-set-of-interrogatories/

 

I am not sure what to expect at this PC.  But would like to go in feeling I understand the process.

 

If anyone can give some enlightenment, I would appreciately greatly. 

 

 

 

 

 

 

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At pretrial conference all they will do is sit you down and try to get you to agree to pay. If you are set on defending your case you tell them that your intentions are to go to trial and you will not agree to pay them anything. Do not answer their questions they will lead you into a hole. If they give you a hard time you simply state that at this time this conference is over, it you wish to continue then file your motions. Your best answer for any question is "I nether admit nor deny and I leave you to your proof"

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If they don't show it won't hurt to ask for a dismissal, more than likely judge won't dismiss if this would be the first one they miss, but can't hurt to ask. You said they filed an RJI, what does that stand for?

You can tell the court you are just starting your discovery, and plan to have it sent out by the end of the week, so if they ask when you want trial, make sure you tell them at least 120 days out so you will have time to complete discovery.

Then get on here and let's get your discovery requests done.

I see that your original thread is back in may. Hopefully it's not to late, this stuff probably should have been done in June, but just get on it now. If the judge asks why it is taking you so long for discovery, I would tell him you could not afford a lawyer, and have been trying to learn the rules so you can defend this pro persona .

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I am feeling pressured by the judge to settle. He asked point blank if I ever had a chase card and did I "rack" up $xxxx. I answered that yes I had a chase card but did by know if this was the account or the amount. He asked if I was a legal transfer would I be willing to settle. I didn't know what to say so I said yes. How can I argue with a judge about what documents this atty may provide after the liinch break?

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Wow this is not going as I had hoped. A local attorney is filling in for the jdb the judge had ordered him to find proof of midlands ownership of the alleged debt. And have it emailed to the attys phone. How do I deal with this? We've had 2 calls.

Since the judge ordered the atty to show proof of who owns the debt I would say you have a pretty good judge on your hands. He knows what the debt collectors need to prove their case. I would say that if you object to any of the evidence as hearsay or not reliable as their is not witness to purport the truthfulness and accuracy of the evidence he will agree. Ask to have all the evidence precluded. If the judge precludes the evidence you motion for dismissal Type up an order for a dismissal and your bill for having to defend yourself against the action,,,,loser pays ya know.

Do not over bid on your expenses just stae a decent amount, something like what an attorney would charge...350 to 500 and ask for any other damages the court sees fit.

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The worst the judge can do is rule in favor of plaintiff. Do not be intimidated, you have rights. A better answer might have been, yes I had a chase account once, but I thought I paid that off, so I need to do discovery to make sure this is the right account, and more importantly the right amount.

So what happened?

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Yes I guess I shouldn't have said I did have a chase card in the past but I didn't want to commit perjury. The local atty that was present was ordered to request ownership docs from midlands atty and we did not receive prior to lunch recess. The judge was annoyed that I wouldn't settle and ordered us back at 2.

The attorney supposedly emailed them to me and tried showing me on his cell phone the chain of custody documents such as bill of sale,closing statement from chase to midland (for a pool of accounts) affidavit of sale signed by an "officer" of chase and a print out of an account general work screen with my name address last 4 of ss and chase account #. A Providian card holder agreement. Pre legal reminder. MCM statements and other "chase printouts" along with a slew of chase statements.

I told the atty I could not determine the validity in 1 minute and we were called up before the judge. The judge asked if I received the documents and I said no. He was cranky. I said I would need to review them. The judge again asked if I had a job and went on about how it he couldn't understand why we couldn't settle and why would we waste 4 or 5 trips to court for this amount of money. (It is a lot to me). Ordered us back tomorrow at 2 pm. The atty said he probably couldn't attend but aomeone would be there. I feel like the judge calling me up 3x was pressure to cave. And tomorrows appearance is meant to make me see how inconvenient he can make things for me.

What is my strategy with the affidavit - bill of sale? This is just preliminary conference.

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Well, I am due back in front of the judge this afternoon, I know the judge wants me to settle. 

 

This is a preliminary conference, and  I just received (by order of the judge) the JDB "ownership" documents yesterday to review.  I am assuming it means that nothing has been entered as evidence.  So therefore I can't not object to the documents - is that correct?

 

As I stated in an earlier post:

The "instructions" say to provide the court with "marked pleadings" and "bills of particulars".

 

Therefore, how do I continue to claim the plaintiff "JDB"'s lack of standing to the judge to allow this to go to trial? Should I request that I need further discovery?  Do I need to make a motion or a pleading? I read the laws and do not understand where this prelim conference is in the process. 

 

There was a paper that I signed yesterday with the JDB's substitute attorney (maybe I shouldn't have?) it was for discovery stipulation and order, essentially giving a 10 day window for filing for any more discovery and a deadline for completing, but since the judge was pushing for a settlement it was not filed for his signature.

 

I must admit I started to panic when the judge did not readily allow this to proceed to the next phase of suit. 

 

Don't I have the right to a trial?  I am sure they don't want to "waste" their time on these matters, but I am not the one who filed.

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This is something I found describing the Preliminary Conference in NYS - Can anyone simplify this into plain English for me?

Almost every action filed in state court becomes the subject of a preliminary conference, which is commonly known as a "PC."  The preliminary conference is governed by Uniform Trial Court Rule section 202.12.  That rule states, in pertinent part, that the matters to be considered at the preliminary conference include: a) where appropriate, simplification and limitation of factual and legal issues; B) establishment of a timetable for completion of disclosure consistent with the requirements of Differentiated Case Management (unless otherwise shortened or lengthened by the court); c) addition of other necessary parties; d) removal to a lower court where appropriate and e) other matters that the court may deem relevant such as a date for filing a Note of Issue, and a closure date for dispositive motions.  Finally, at that time the court will schedule a compliance conference at which time the parties are to return to court.
 
A preliminary conference can be scheduled by the court at any time sua sponte.  but it is most often scheduled at the request of a party upon the filing of such request along with a request for judicial intervention ("RJI"), in a case which has not previously been assigned to an IAS judge.  Pursuant to subdivision (B), the conference shall be scheduled not more than 45 days from the date the request for judicial intervention is filed, unless the court orders otherwise.
 
The initiation of motion practice concerning discovery in unassigned cases was the impetus for the writing of this entry.  The most frequent scenario invloves a plaintiff that fails to serve discovery and/or a bill of particulars in response to demands that accompany a defendant's answer.  In which case, the apparently uninformed defendant ultimately resorts to a motion to compel a response under CPLR 3124 and/or 3042©.  The foregoing motion practice is an imprudent use of both the attorney's time and client's resources.  Pursuant to Trial Court Rule 202.8(f), the aforestated motion will be procedurally converted into a preliminary conference which, in accordacne with section 202.12, must be scheduled for a date no more than 45 days after the chosen motion return date.

Accordingly, where the motion is propounded instead of the service and fliling of a request for a PC and RJI, the attorneys for the moving defendant will have advanced plaintiff's cause by incurring the cost of the RJI, in addition to an unnecessary motion filing fee.       

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