marquez

Motion to Compel DENIED. Any ideas for what to do next???

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@debtzapper

THANK YOU for the vote of confidence, and for the suggestions. I am going to campus today, as one of my closest friends a law librarian (didn't even cross my mind to talk to her til you mentioned it!)

Filing paperwork this week. I will post as things progress. 

This crap makes me want to become a lawyer, lol.

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@CommoSGT I am actually looking at paralegal programs, seriously! I'm going to have a Humanities PhD soon, which will get me nowhere, professionally, if I want to stay in academia (adjunct teaching is my future, I suspect--poverty-level pay and no time for writing or research). So, with a doctorate in hand, I'm thinking about whether it would make more sense to try for law school (I hear the field has been on the downturn lately and, hence, getting in and getting funded is easier, though job prospects are not as good as they used to be) and whether I would even want to be a lawyer or be good at it, or if I should enroll in a paralegal program. I know I reeeeeally want to learn more about the law, especially after interacting with all of you guys. I think the PhD, along with a good LSAT score would be useful in a law application (I think?), but I don't know if, after being in school so long, I would be up for 3 years of such intense work.  Even the comparatively small salaries that paralegals average would be more than I have any expectation of making with this dang degree I'm getting. I am happy with the work I do now, but I like knowing how to do a lot of things, and working on these lawsuits has been rewarding, if difficult. My brother is being sued for an old private student loan from NCT and I'm hoping to help him with a good answer. I'm soooo tired of seeing corporate greed rule the day. The majority of these companies are so unethical and it makes me so angry to feel helpless against them. I have watched so many people become broken down by this kind of stuff.

The long and short of it is that I will probably be in school forever, lol.

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Guest usctrojanalum

Haha, yeah I just visited my first law school yesterday and visited a criminal court in New York City.  Criminal Law looks like so much fun, but I will definitely make consumer law a part of my practice since I know it so well =)

I will say, I did do a paralegal program first just to see if I would enjoy studying law.  I crushed the program with a 4.0 GPA and knew law school was going to be right for me. 

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On 3/14/2016 at 1:04 AM, CCRP626 said:

Since this is just going from District to Circuit court for appeal it's pretty simple-

File Notice of Appeal (bring extras) with clerk and pay fee (doesn't appear to be any) within 30 days of judge's order. Clerk sends case file to circuit court.

File Statement of Appeal within 30 days after that or the judge dismisses the appeal.

 

The Circuit Clerk's Manual has the detail http://courts.ky.gov/resources/publicationsresources/Publications/ClerksManual.pdf

What's in a Notice of Appeal- CR 73.03

(1) The notice of appeal shall specify by name all appellants and all appellees (“et al.” and “etc.” are not proper designation of parties) and shall identify the judgment, order or part thereof appealed from. It shall contain a certificate that a copy of the notice has been served upon all opposing counsel, or parties, if unrepresented, at their last known address.
(2) When the notice of appeal is filed, the clerk shall serve notice of its filing by mailing a copy showing the date filed and a copy of the official docket sheet to the clerk of the appellate court and to the attorney of record of each party or to the party, if unrepresented. The clerk shall note in the civil docket the names of the parties mailed the copies, with the date of mailing. Failure of the clerk to comply with this rule does not affect the validity of the appeal.
 
 

@CCRP626 Quick question: I went to the Appeal section of the clerk's manual, and it says civil actions have 30 days, but it also lists Small Claims as an exception, and lists the time limit at 10 days:

Civil Actions, CR 73.02 30 DAYS

Exceptions: Small Claims, KRS 24A.340 10 DAYS

I'm a little concerned now. Did I miss the window for appeal? My case is small claims, isn't it?  The amount they're claiming I owe is around 1,700

Thanks.

EDIT: I think I just figured out the answer. It looks like small claims is $1,500 or under. I thought it was 2,500. Sorry! Thanks for your help! I guess I could have looked this up before posting, lol.

Edited by marquez
new information

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@marquez you're good at 30 days. Small Claims in Kentucky can't be done by JDBs or credit card OCs.

http://courts.ky.gov/resources/publicationsresources/Publications/P6SmallClaimsHandbookweb.pdf

see page 11 of 28 for those who can't use Small Claims court-

Any person, business or corporation with a claim for money or personal property of $2,500 or less, or who seeks to disaffirm, avoid or rescind a contract or agreement for the purchase of goods and services not in excess of $2,500, may file suit in the Small Claims Division, except the following:

±A person or organization in the business of lending money with interest.

±A collection agency or a collection agent.

±A person or organization with an assigned claim (a legal claim or cause of action that has been transferred to a third party) or a class action.

In Kentucky, an individual may not file more than 25 claims in any one calendar year. A business is entitled to 25 claims for each established location in the district that has been engaged in trade or commerce for at least six months.

 

or in the statutes- http://www.lrc.ky.gov/statutes/statute.aspx?id=20712

 

P.S. not that the amount matters since they can't sue regardless in small claims but I see $2,500 in some places (court provided info) and $1,500 in others (consumer sites). I'd go with $2,500 since the KY statutes say that. http://www.lrc.ky.gov/statutes/statute.aspx?id=39856

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