TRobinson1962

Sued by Crown Asset Management

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I got no response back on the request for the Forward Flow Receivables Purchase Agreements.  I called them and they told me that they had requested them from the Client but have not gotten them back yet.  I have sent a request for a continuance to the court because the trial date is on the 14th (Next Thursday).  I am thinking that the next step is to file with the court for an order to compel.  Any suggestions?

Definitely.  You can now show that multiple attempts to reason with them have failed.

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Every damn attorney I speak to tells me that I should just settle with the maggots!  WTF??  When I tell them that I have already done all of this work and that I want them to just work with me on the motion to compel and finish off the case they all are saying, well you will not probably be happy when we have to settle anyway!  I have told them that they basically just have a spreadsheet with my name on it and some robo-signed stuff  they all seem to still just want to find a way to settle.  Oh well, I guess I am on my own except for you guys.  Please help me put together this motion to compel.

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Every damn attorney I speak to tells me that I should just settle with the maggots!  WTF??  When I tell them that I have already done all of this work and that I want them to just work with me on the motion to compel and finish off the case they all are saying, well you will not probably be happy when we have to settle anyway!  I have told them that they basically just have a spreadsheet with my name on it and some robo-signed stuff  they all seem to still just want to find a way to settle.  Oh well, I guess I am on my own except for you guys.  Please help me put together this motion to compel.

Its real simple, you hire them. They settle psssst it's easier (with YOUR money), they get paid some money ....for little effort....... and other attorney gets paid....and you get......   medium.jpg

Nothing wrong with settling as it is one option out of several.........under the right conditions AND if you can afford it duh..............if the amount is very very small percentage of the original amount, But the more they see it possibly slipping out of their hands, the more likely they will settle for a bunch less. And you can do that, why pay another attorney a fee............ just make sure your rear is covered and everything is in writing if you do that.

 

Stay the course.............

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just goes to show you they don't read them beforehand or they would know you need it in the discovery phase.  What they are saying is they will rule on it when you go to trial, right before the trial starts.  So if it were mine, I would be compelled to write an motion in lmine, if that is allowed by your court rules.  In it I would write out and objection for each piece of evidence they have sent, along with why I object, and any relevant case law to back up my objection.  He will not compel them to produce minutes before trial, so have all your objections for anything evidence against you in order.  If you can't do a motion in limine, you can object to it orally bit by bit when they try and introduce it into the court records.

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@TRobinson1962. Did you work on a motion in limine? Texas allows them, but it is up to the specific county as to how late you can file them. Find out by looking in your local county court rules. If there is still time, I would write one up disputing any evidence they have given you. Texas seemed pretty liberal with this motion.

If they have not sent you any evidence, get your oral objections in order for things they might bring. Mainly any evidence brought to trial that they didn't give you before hand should not be allowed due to surprise at trial.

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you need to get your arguments in order.  You can make a note book and bring it with you.  So take each piece of evidence they have sent you.  write down your objections--why it shouldn't be admitted into evidence at court. and write down supporting case law.  So if they try to introduce the statements, you would say "Objection, hearsay"  you need to find some Texas law that supports that objection.  ie: why is it hearsay?  because the records have not been authinticated by anyone with personal knowledge at or near the time of the event.  there has been no foundation to admit the records, and or the jdb person is not qualified to lay foundation for those records.  

 

You would need to do that kind of stuff for each piece of evidence they want to admit into evidence.  Pull up some old texas threads and see what others that one did.

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At this point I would probably file a Motion for Summary Judgment.  It does not make sense to conduct a hearing for the Motion to Compel Production minutes before trial.

 

These cases rarely make it to trial.  Have you been getting settlement offers?

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At this point I would probably file a Motion for Summary Judgment.  It does not make sense to conduct a hearing for the Motion to Compel Production minutes before trial.

 

These cases rarely make it to trial.  Have you been getting settlement offers?

 

Rocker, this is something that I have noticed (especially here in OK) the judges when they allow this "Bundling of Motion Hearings" is usually a good sign that they are for the Plaintiff's (mind made up) and are NOT giving the defendant's motion's any real weight..most likely going to deny it and try and blow them off to "clear the docket". If the judge WAS going to even consider granting the motion to compel, he wouldn't hear it on the same day of a MSJ hearing or bench trial as at least 20-30 days should be granted for them to comply. If granted and a hearing continues (a total oxymoron) then the defendant's rights to due process are blown right out the window.

 

I would file a motion for continuance on further actions (MSJ or trial) for a later date and another hearing.......using any such refusal to do so as a Strenuous Objection and Such Denial of Continuance as Prejudicial to defendants due process..................set it up for any appeal on abuse of judicial discretion............. This bundling may SEEM convenient (it is to the judge and plaintiff), but is a Red Flag that the judge is not paying attention to the case and is mainly trying to dispose of a "nuisance" case.

 

The old "Hurry along, nothing to see here..." theme. A typical JP judge. I wouldn't let this maneuver happen without a written objection. Set the judge up for a fall as he is trying to set up the defendant to lose.....................Make them "give at least an appearance"  of justice.

 

Me Smells a Rotten Smell coming from the Courthouse.

 

A MSJ filed by the defendant is a nice move also, doesn't have to be complex.....but a motion for continuance with written objections filed also wouldn't hurt......Otherwise there will most likely BE a Bench Trial

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Yes, a motion for continuance is in order anyway to give the plaintiff ample time to respond to the MSJ.   There will definitely be grounds for appeal if the motion hearing/trial go as you are anticipating. 

 

TRobinson if you do file a MSJ be sure to include an affidavit and schedule a hearing for it with the court.

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@texasrocker and @saytar

 

Rocker and Saytar,

  OK, from what I am seeing above I need to do three or four things here and I am not sure what can be bundled together.  Can I ask for the continuance as part of the MSJ or should I do the motion for continuance separately?  As far as the affidavit, what am I speaking to there and what do I do, just find someone to notarize it for me? Lastly, with the MSJ, do I send it in then call and ask to schedule a hearing or is there something separate that I need to file to request the hearing?  I am currently working on the MSJ.

 

TRobinson

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@texasrocker and @saytar

 

Rocker and Saytar,

  OK, from what I am seeing above I need to do three or four things here and I am not sure what can be bundled together.  Can I ask for the continuance as part of the MSJ or should I do the motion for continuance separately?  As far as the affidavit, what am I speaking to there and what do I do, just find someone to notarize it for me? Lastly, with the MSJ, do I send it in then call and ask to schedule a hearing or is there something separate that I need to file to request the hearing?  I am currently working on the MSJ.

 

TRobinson

 

I'd file the MSJ, request the Court set a future date for a Hearing and Ask for a Hearing on your previous Motion for Continuance to allow plaintiff's to allow respondent's time to properly reply on the motion to compel and to insure that no one's due process is violated by having a trial before ruling on previous Motion to Continue is settled, be sure to Object to holding both hearings concurrently..... separate documents but file at the same time.

 

Hopefully Rocker will jump in here. He'll know more definitively about TX. Check with him if possible.

 

 

I can't imagine them having a bench trial before acting on your motion for continuance (but is is a JP type court) and allowing time for arguments. Hopefully the hearing and arguments is just for the Motion on Continuance....you might check with the Court Clerk and see if they know exactly what the hearing is for...trial or just arguments on the Continuance Motion before you jump the Shark.. If not you'll have your MSJ filed and if the judge blows that off He'll likely be setting himself up for violation of due process....................Sounds like you have one of those non lawyer JP justices. He might just be that stupid and nobody has ever called him on it.

 

In my court I filed an appeal on the Judges ruling on my case..........Court Clerk assistant stated she's never seen anyone appeal anything out of this court since she'd been there (5-6 yrs). Some judges seem to get "a Pass" somehow..........Guess I blew his "perfect record". Shucks, breaks my heart.

 

(I know I can combine motions here in OK...not sure on TX..but I think so) Sometimes it better to do separate ones though.

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@texasrocker and @saytar

 

OK, another question.  Based on rule 503.5 could I request mediation at this point, since it appears that I may be in a losing battle here?  As I read this in the rules, it does not seem to have a timeframe, but says that the state supports alternative dispute resolution.  Might this be a time to play this card?

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@TRobinson1962

I tried to copy and paste the case law to answer this question, but I couldn't. It is to late for arbitration. This case was filed almost a year ago, and you have engaged in discovery, you waived that right to arb even if there is an arb clause. In Texas the only discovery before arbitration are asking for things that you need to get to arbitration. For example you want plaintiff to provide you with a credit card agreement so you can read the arb clause. Or you can ask who the proper parties of interest are. That is pretty much it. It is to late for arbitration.

But you have a winnable case if you follow the guidance here. We can only lead you. No one is going to do it for you, you have to want it, and learn how to do it. Is there a specific problem we can help with?

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Thanks.  I guess I am just feeling a little overwhelmed at this point.  I have been filing motions and objections etc, and I just don't feel that the JP is even reading what I am sending in to her.  This last one to do the MSJ is just a little overwhelming I guess.  I am attempting to do as I was instructed by the folks on here and I hope it amounts to something.  I thank you for your comments.  I'm not even sure what I need to be swearing to in the affidavit I was told to make sure and include.  Anyway, just hoping to get this over with, because as you say, it has been almost a year.  I will get over it and get back to work now.

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