telephonic request for trial.

rubyruby27 · 07-31-2007, 06:01 PM

The evidence is:

card agreement dated 2003-she said it defaulted in Jan 2002. She has old CR's that support that.

copies of credit card statements when it was charged off

copy of a check with a differenct account number on it

affidavit from someone in NY claiming to be the accounts manager for C-1
(are they located in NY)

Anything to add to this. She needed to mts prior to msj. She has kinda done this backwards.

Enigma · 07-31-2007, 07:47 PM

What's the date the lawsuit was filed with the clerk.

Enigma · 07-31-2007, 07:53 PM

1. MTD SOL

2. File for Discovery

3. Motion in Limine to Strike Affidavit as Hersay

4. Motion in Limiine to Preclude Plaintiff's Witness

rubyruby27 · 07-31-2007, 07:57 PM

Engima, when I did my msj I did it because from what I read a mtd is filed prior to any other court documents, she filed answers back in 06 they filed MSJ and lost (I don't believe she filed an opposition but showed up).

Will get the info. and post

rubyruby27 · 07-31-2007, 08:00 PM

She did the discovery today.

rubyruby27 · 07-31-2007, 08:03 PM

She was served 9-13-06

Enigma · 07-31-2007, 09:58 PM

Quote:

Originally Posted by rubyruby27

She was served 9-13-06

Forget #1, #2 is done, wait until she gets the green card back then Motion for Continuance.

Look at the card agreemnt they sent, is it written any where that governing law is VA? If so do a MTD for SOL based on VA law. CC's in VA have a three year SOL, there is a nice little VA Supreme Court ruling that says so.

Enigma · 07-31-2007, 09:59 PM

Quote:

Originally Posted by rubyruby27

Engima, when I did my msj I did it because from what I read a mtd is filed prior to any other court documents, she filed answers back in 06 they filed MSJ and lost (I don't believe she filed an opposition but showed up).

Will get the info. and post

Did she include Affirmative Defense(s).

rubyruby27 · 08-01-2007, 02:07 AM

check email. yes, but just sol kinda of

rubyruby27 · 09-05-2007, 05:24 PM

Ok this person goes to trial Friday, she called the JA and the attorneys will be present but they are allowing a person to appear by phone.

Does she not have a right to know the name of this person? What questions would she ask this person?

Assuming this person is the one that signed the affidavit----Also, they refused to do rogs in reference to this person. They objected as to burdensome. She filed a motion to compel but it won't be heard until that day.

She has SoL for 4 yrs by 10 days. They are claiming written. It's an iffy situation as they did provide most of the credit card statements and her signuature, terms and agreement that is unreadable.

What questions would you ask?

roybean · 09-05-2007, 05:30 PM

Quote:

Originally Posted by rubyruby27

Ok this person goes to trial Friday, she called the JA and the attorneys will be present but they are allowing a person to appear by phone.

Does she not have a right to know the name of this person? What questions would she ask this person?

Assuming this person is the one that signed the affidavit----Also, they refused to do rogs in reference to this person. They objected as to burdensome. She filed a motion to compel but it won't be heard until that day.

She has SoL for 4 yrs by 10 days. They are claiming written. It's an iffy situation as they did provide most of the credit card statements and her signuature, terms and agreement that is unreadable.

What questions would you ask?

3rd party questions are so hard Ruby....why don't you invite him/her to come over and sat a spell with us so we can chew on this first hand?

hannah · 09-05-2007, 05:31 PM

Quote:

Originally Posted by rubyruby27

Ok this person goes to trial Friday, she called the JA and the attorneys will be present but they are allowing a person to appear by phone.

Does she not have a right to know the name of this person? What questions would she ask this person?

Assuming this person is the one that signed the affidavit----Also, they refused to do rogs in reference to this person. They objected as to burdensome. She filed a motion to compel but it won't be heard until that day.

She has SoL for 4 yrs by 10 days. They are claiming written. It's an iffy situation as they did provide most of the credit card statements and her signuature, terms and agreement that is unreadable.

What questions would you ask?

Ruby, if it's Cap1's agreement, the choice of law is VA and a cc in VA SOL is 3 years. Re-read the Brodsky stuff. This is what she needs to argue.

rubyruby27 · 09-05-2007, 06:27 PM

I told her that but she never brought it up at any hearings--she did bring it up that the card agreement is not readable. I told her to get them to produce a legible one and to argue that she was unaware of this info due to the fact they never produced a readable copy and then argue borrowing statue VA law.

Enigma · 09-05-2007, 07:56 PM

When does the motion calendar close?

rubyruby27 · 09-05-2007, 08:21 PM

I don't know I will see if she will come and post here.

Enigma · 09-05-2007, 11:24 PM

Quote:

Originally Posted by rubyruby27

Ok this person goes to trial Friday, she called the JA and the attorneys will be present but they are allowing a person to appear by phone.

Does she not have a right to know the name of this person? What questions would she ask this person?

Assuming this person is the one that signed the affidavit----Also, they refused to do rogs in reference to this person. They objected as to burdensome. She filed a motion to compel but it won't be heard until that day.

She has SoL for 4 yrs by 10 days. They are claiming written. It's an iffy situation as they did provide most of the credit card statements and her signuature, terms and agreement that is unreadable.

What questions would you ask?

Did she file the Motion to Strike?

Motion to Compel w/ Sanctions?

State your complete name.

State the name, address and phone number of your employer.

What is your job title?

How long have you worked for xxxx.

How long have you worked in your present position?

Are you a high school graduate?

Do you have a college degree? If so, what was your major?

Have ever lied to anyone or about anything in your life?

Depending answer, how can we be sure you are being truthful today?

Have you ever been reprimanded by your current employer?

What did you do before your came to work for xxxx?

You want to attach the persons character.

The list goes on and on.....

Enigma · 09-05-2007, 11:27 PM

It might be prudent to arrive a little early, offer plaintiff a settlement, $xxxx cash and payments for them to with hold adjudication on a judgment.

ETA - sine there is time, plaintiff's and her fax machine should be busy trying to settle this based on what I read here she will mostly likely loose.

rubyruby27 · 09-06-2007, 12:04 AM

I told her that she will likely lose but she says she is judgement proof and would prefer to fit. She had a chance if she had used the VA statutes.

She told me did motion to compel and motion to strike.

I haven't heard from her tonight--will pass on this info.

Enigma · 09-06-2007, 12:09 AM

Quote:

Originally Posted by rubyruby27

I told her that she will likely lose but she says she is judgement proof and would prefer to fit. She had a chance if she had used the VA statutes.

She told me did motion to compel and motion to strike.

I haven't heard from her tonight--will pass on this info.

Did she call the JA to set the Motion on the calendar? If not, that is not good. They will not be heard.

she may be judgment proof now, in FL judgments are renewable and 20 years is a long time.