Author Topic: Questions and Guidance on filing an Answer to a CoC  (Read 3158 times)

0 Members and 1 Guest are viewing this topic.

CleaningUp

  • Valued Member
  • Posts: 8431
Re: Questions and Guidance on filing an Answer to a CoC
« Reply #30 on: June 12, 2011 02:09:25 AM »
What NBJ is alluding to is that if you can't get your head around the procedural aspects of the litigation process, you ARE committing legal suicide.

Right now your learning curve is really, really steep. If you are a fast learn of complex interrelationships, you may have a chance.  The novice has the odds stacked against him with this sort of time crunch, and if he adds going at it pro se to the equation, the reality is that it is virutally impossible.

Time is your enemy right now, and there are is almost no way you can kick the can down the road.  Your biggest worry is avoiding summary judgment...a tough, tough thing to do when they have all of the evidence.

As to your questions:

1.  Maybe the court will read it before, maybe not.  Maybe the court won't even read it at all.  Depends on the court you are in and how willing the judge is to cut the defendant some slack.

2.  Read the RCPs for your district. They tell you what the process is. Some courts schedule on their own, others make the litigants do it.  One size does not fit all, here.

2a.  Your CMRRR to them doesn't require them to drop the case even though that is what you would like to happen.  That's not the way civil litigation works. Your motion to for arbitration and a judge's favorable ruling will likely only stay the case pending arbitration. A stay or a dismissal won't happen until the motion is heard.

3.  Yes and no.  Most pleadings need to be submitted to the court and the opposition within X number of days of hearing so that they have the opportunity to object. Read the RCPs.

Again, your learning curve is about as steep as it can get. If you want to do this yourself, expect to do day upon day upon day of reading.

We are not against you helping yourself.  We ARE, however, against you shooting yourself in the foot.

You've got the gun locked and loaded.
« Last Edit: June 12, 2011 02:22:04 AM by CleaningUp »

coltfan1972

  • Valued Member
  • Posts: 4474
Re: Questions and Guidance on filing an Answer to a CoC
« Reply #31 on: June 12, 2011 05:24:33 AM »
You are right in the middle of litigation.  If you don't think so then wait until you get their motion for summary judgement. 

You asked for things in your DV they are not required to provide.  That is why you did not get proof of ownership, the contract, or anything else you asked for. 

If you want these items then you need to serve the other side detailed discovery.  You rejecting the DV letter carries no weight at all.  You don't get to accept or reject.  You can send them everything but the kitchen sink letters but you are waisting your time.

I would stop sending them certified letters.  Even though you don't think so, you are in litigation.  You need to be filing discovery requests and motions to get what you need or learn what the other side has for evidence. 

I would learn the rules of civil procedure for the court you are in.  It will let you know what, when, and where to file your pleadings.  It will give the time frame each side has.  Making statements that you reserve certain rights are once again useless.  The court will go by the rules of civil procedure.  If you miss a deadline, don't file something that is required, or don't make a motion as required, your sunk. 

While it is true you can go the attorney route anytime you want, you can still do irreversible damage to your case prior to an attorney taking your case.  You don't get a do over once you hire an attorney.  You will have to live with the good and the bad that has already happened in the litigation process.  Once again, you are in litigation and everything that is happening right now is on the record.

Learning on the fly while the case has already started puts you at a great disadvantage.  You will need hard work and a quick study on the rules.  Good Luck !!  It can be done, but is not easy. 
Scroggin succeed in making this case an expensive nightmare for both CBOJ and its counsel.

Scroggin made a "mockery" out of CBOJ's deposition.

Scroggin made perverted "one-liners" during his deposition!!

Scroggin called CBOJ'S counsel "a little witch!!"

Scroggin has engaged in the exact type of behavior the FDCPA was designed to prevent.

Scroggin used the FDCPA as a "sword of intimidation!!"

Rebecca Worsham - Lead Counsel, Scroggin v. CBOJ, 3:12-cv-128 SWW, Eastern District of Arkansas.

willing2try

  • Valued Member
  • Posts: 21
Re: Questions and Guidance on filing an Answer to a CoC
« Reply #32 on: June 28, 2011 03:19:32 PM »
Update;
Sent CRRRM to the address the Plaintiff’s atty sent as proof of debt, which consisted of Name: “WaMu”, an Address: “P.O.Box” and “a” account number, I sent a request for proof of debt to the address after receiving the info from Plaintiff atty and yesterday (weeks later)I received my CRRRM letter back with the US Postal stamp(s) all over saying “Return to Sender” and “moved not forward able/forwarding order expired”.

Is this proof the Plaintiff hasn’t got any paperwork and/or able to get the paperwork?

What should I do next?

I checked with the court clerk and the Plaintiff hasn’t filed anything else (yet).

Should I go ahead and send “discovery” questions or file a MTD based on Plaintiff’s in ability to produce lawful proof of debt?

coltfan1972

  • Valued Member
  • Posts: 4474
Re: Questions and Guidance on filing an Answer to a CoC
« Reply #33 on: June 28, 2011 07:43:02 PM »
Is this proof the Plaintiff hasn’t got any paperwork and/or able to get the paperwork?

No, it is proof that you were given the wrong address or the department moved or changed their location. 

Once again, you're in litigation the time for certified letters and pre-litigation strategy has ended.  My advice from three weeks ago is the same.  You need to follow the rules of civil procedure. 

Believe me, the other side is going to string you along and play as many games as they can.  If you're using any tactic that is not per the rules of procedure then you're going to get the runaround.  Just like you just got with this certified letter being returned. 

If you want information, you're simply going to have to use the discovery process.   Your delay in requesting through discovery or not following the rules of procedure might end up in a fatal procedural error on your part. 

Will be nothing worse than having a winning hand only to have it turn into a losing hand based on a procedural error. 
Scroggin succeed in making this case an expensive nightmare for both CBOJ and its counsel.

Scroggin made a "mockery" out of CBOJ's deposition.

Scroggin made perverted "one-liners" during his deposition!!

Scroggin called CBOJ'S counsel "a little witch!!"

Scroggin has engaged in the exact type of behavior the FDCPA was designed to prevent.

Scroggin used the FDCPA as a "sword of intimidation!!"

Rebecca Worsham - Lead Counsel, Scroggin v. CBOJ, 3:12-cv-128 SWW, Eastern District of Arkansas.

gaconsumer

  • Valued Member
  • Posts: 24
Re: Questions and Guidance on filing an Answer to a CoC
« Reply #34 on: June 28, 2011 08:05:32 PM »
In GA, I would never go Arb on a JDB WAMU case.  The GA courts are really strict on real party in interest.

http://scholar.google.com/scholar_case?case=7393054566758006209&hl=en&as_sdt=2&as_vis=1&oi=scholarr



gaconsumer

  • Valued Member
  • Posts: 24
Re: Questions and Guidance on filing an Answer to a CoC
« Reply #35 on: June 28, 2011 08:23:30 PM »
Wow, I just re-read this whole thread more clearly.  I agree with NBJ, you are on a suicide mission.  I would definitely get a lawyer before the discovery period ends and/or they file a Motion for Summary Judgment.   

coltfan1972

  • Valued Member
  • Posts: 4474
Re: Questions and Guidance on filing an Answer to a CoC
« Reply #36 on: June 28, 2011 09:47:36 PM »
Should I go ahead and send discovery questions or file a MTD based on Plaintiff’s in ability to produce lawful proof of debt?

Keep in mind them not producing proof of the debt does not translate into the inability to produce proof.  Until your demands are made in a way where they are forced to answer they are buying there time until a summary judgement motion.

Scroggin succeed in making this case an expensive nightmare for both CBOJ and its counsel.

Scroggin made a "mockery" out of CBOJ's deposition.

Scroggin made perverted "one-liners" during his deposition!!

Scroggin called CBOJ'S counsel "a little witch!!"

Scroggin has engaged in the exact type of behavior the FDCPA was designed to prevent.

Scroggin used the FDCPA as a "sword of intimidation!!"

Rebecca Worsham - Lead Counsel, Scroggin v. CBOJ, 3:12-cv-128 SWW, Eastern District of Arkansas.

 

credit