Please HELP! Freaking out just a little bit!!
Date: Mon, 08/10/2009 - 20:20
The Arizona Rules of Civil Procedure require that each party share with the other party all information known or available convering this case. Please refer to Rule 26.1(b)(1), ARCP for more specific information concerning disclosure.
This DISCLOSURE STATEMENT provides a format for you to make such disclosure. This DISCLOSURE STATEMENT must be completed and exchanged with all parties within 40 days of the filing of the ANSWER. You should also be prepared to provde the other party with a copy of your disclosure at the PRETRIAL CONFERENCE. The court will notify you of the date and time of the PRETRIAL CONFERENCE when it has been scheduled.
During the course of the action, any new information must also be exchanged. Failure to comply could result in any of the following consequences: 1) Dismissal of the case; 2) A default judgement entered; or 3) Your new information or exhibits excluded from being present at trial.
I'm confused on a few things:
I submitted an answer to the summons on July 7th - do I need to send a copy of this back to the court AND the lawyer suing me within 40 days or a judment is automatically entered against me?
Since the 40 days is coming up should I be recv'ing something from the law office validating the debt?? If I don't rcv a copy of this back from the law office within 40 days will the suit be dropped.
Please any input, I didn't realize I had to submit anything other than going to the court to file an answer to the summons before going to court and I have just a couple of days to get this out, if I'm reading it correctly.
THANK YOU
I accidentally left off the questions: Pursuant to Rule 26.1(
I accidentally left off the questions:
Pursuant to Rule 26.1(b)(1), ARCP, hereby discloses the following and certifies that such disclusre includes all information in his/her possession, custody and control, as well as any information which can be determined, learned or obtained by reasonable investigation.
1. What are the facts supporting the claim?
2. A description of the damage(s0 and copies of any exhibits that show how you calculated the dollar value of the damages claimed. Brina a copy of these documents/exhibits to any Pretrial Conference which may be scheduled - see 5A below.
3. What law supports your claim(s)?
4. List of Witnesses - List the names, addresses and telephone numbers of any witnesses whom undersigned party expects to call at trial (and include brief summary of their expected testimony).
5. List of Documents and Other Information
a) Any documents or evidence which would be available for review by the court which supports your claim(s). Bring a copy of these documents/exhibits or a description of the evidence to any Pretrial Conference which may be scheduled.
b) Any other information, documents or witnesses of which you may have knowledge, pertaining to this matter.
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So, I don't really know what to answer on this paper - any pointers would be greatly appreciated. Also, is it says I should include documents - if so, what kinds?
Hi, I am going to send a PM to skydver with a link to this threa
Hi, I am going to send a PM to skydver with a link to this thread. Please keep checking back for replies.
Just hang in there, he'll be around when possible!
Just hang in there, he'll be around when possible!
hiya, sorry to keep ya waiting.... OK, the disclosure here is
hiya, sorry to keep ya waiting....
OK, the disclosure here is basically all on them, because I am guessing that you dont have anything in the way of documentation on this, is that right? you still have to fill out the form usually, and basically state that you dont have any such documentation.
The 40 day thing, well, I have seen things like that be bent a lot. They will not automatically dismiss the case if plaintiff doesnt provide it in time, instead they will often tell the plaintiff to get a move on with it, or the plaintiff might ask the court for more time to gather the documentation.
What your state calls 'disclosure', many states call 'discovery'. And when one side doesnt produce discovery, then the other side can file a motion to compel discovery--this is basically you asking the court to enforce the discovery rule by putting pressure on plaintiff to either produce documentation or lose the case. if at that point they still havent produced proper documentation, I would request that the court dismiss the case with prejudice. The 'with prejudice' is VERY important, because a regular dismissal would allow the plaintiff to file another lawsuit against you on the same debt later on down the road, whereas dismissed with prejudice doesnt allow them to.
If you have any documentation that proves your side, then please let me know so I can give you more detailed help.
Well I don't have any documentation of anything except from othe
Well I don't have any documentation of anything except from other collectors trying to collect on this debt...I never recv'd any letters from this company until they came attached with the summons from their attorney. I don't deny the debt is mine, however, I want information from them proving they can legally collect from me. It's interesting to me that they are claiming $15000 on a $7500 CC and they are suing me for 9999.99 to keep it in the civil courts...so, I want to prove they legally own the debt...it's right at the SOL, too. So, can I go into mediation saying I am aware of that credit card debt, I just want proof they legally own it?
EDIT: Sorry, forgot to ask - their letter attached to the summons and the summons state $15000, but are suing for $9999.99, when I ask how they calculated that figure do I get to ask how they calculated the $15000 or just the $9999.99 they are suing for. I spoke with a lawyer who stated it does seem fishy...I just couldnt afford her $1500 fee.