Recent content by ndragon

The question posed here is pretty general because I was aiming at providing information that will be useful to future users. I have been researching this and found that as with any other dismissal, if the Court dismisses a debt collection complaint it is like saying the debt no longer exists...

Dee_dub, Thank you. I have read that. Based on what it says, do you agree that opposition to a motion must be filed within 10 days, not counting Saturday, Sunday or legal holidays? As example, for a motion delivered on Friday, May 8, 2009, an opposition would have to be filed by Friday, May...

What would happen to a debt if a creditor files a claim to collect and the case is dismissed by the court? -Nick

My jurisdiction is: Utah I apologize for the duplicate post but in the Courts, Decisions, ADR, Appeals section, this question has not received a response and has been listed for almost a week. It is appropriate in the Consumer, Credit, Collection, Liens because I filed a Motion to Dismiss...

You scheduled the payment for the 24th, did you actually pay on that date or was the payment made on the 28th. If that is the case you really don't have anything to fight about because the payment was late. If, on the other hand, you did make your payment on time... Send a letter requesting a...

Rule 7(c)(1) of Utah Rules of Civil Proceedure states: "Memoranda required, exceptions, filing times. All motions, except uncontested or ex parte motions, shall be accompanied by a supporting memorandum. Within ten days after service of the motion and supporting memorandum, a party opposing...

By definition they are in fact a debt collector. They mailed their initial notice informing my wife of the debt and we responded with a request to validate the debt. They replied with a copy of the original credit card application, the original contract, and something showing an amount due that...

We have a debt that has been assigned to an attorney's office and the firm has filed a civil complaint against my wife. I sent a letter disputing the validity of the debt and the firm replied with several printouts that failed to verify the debt as required by Speers v. Brennan. They are pushing...

Is the debt still with Capital One, or was it assigned to a collection agency? If it is an agency that is coming after you, send them a request to validate the debt. Here is an example of a short and sweet DV request: Date Your Name Address City, State Zip Debt Collector’s Name...

Send a letter citing the GA state code that explains the SOL has expired. Never just ignore something like that or it could turn into a judgment against you. -Nick

Did you send your cancellation request in writing? Was there supposed to be a reoccuring order on the cartridges? Short answer is that they will have a hard time collecting from you if there is not a written agreement that says you will pay them for the product. -Nick

I am not familiar with the laws in BC, but I would think you have to send written notice to the tenant and provide a specified amount of time for them to respond before you can force entry. Does anyone know the law regarding this in Canada? -Nick

This is regarding a passage that allows a defendent in a case to file a motion to dismiss: “After the plaintiff, in an action tried by the court without a jury, has completed the presentation of his evidence the defendant, without waiving his right to offer evidence in the event the motion is...

I am sorry but I just need to vent about a legal frustration I am dealing with. I fell like the system is broken. I am being sued and don't understand many of the documents that are being sent to me by the plaintiff's law firm. I understand that it is strongly suggested that I get a lawyer to...

Dee, I am sorry, I need to make a correction to something said earlier. That is not Utah Code 36, that is Rules of Civil Procedure #36. I doubt that makes any difference in your replies, but I thought I would let you know.