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Dragging your feet in a lawsuit to slow down a judgment

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  • Dragging your feet in a lawsuit to slow down a judgment

    I've been following this local Arizona case where a guy has been sued by his ex-wife for over $400,000 in civil damages, and he keeps filing motions to throw a monkey wrench in the proceedings and slow down her eventual victory and the resulting judgment.

    It just shows how a person can buy themselves some time before a lawsuit becomes a judgment by responding to a lawsuit and constantly filing motions and so forth to extend the time it takes for the plaintiff to get a judgment.


    But of course, the court filing fees must be eating this guy and the plaintiff alive...


    My guess is that if the plaintiff had been a credit card company with no real personal interest in the defendant then they would have dropped this case a long time ago and just given up.

    I have removed the peoples' names and hopefully all the case numbers from this...

    Case Documents
    Filing Date Description Docket Date Filing Party
    11/3/2012 RES - Response 11/5/2012
    NOTE: PLAINTIFF’S RESPONSE TO DEFENDANT’S MOTION TO EXEND TIME FOR EXPERTS AND OTHER MATTERS; CROSS-MOTION TO EXTEND FILING OF PRETRIAL MEMORANDUM
    11/2/2012 MOT - Motion 11/7/2012 Defendant(2)
    NOTE: TO EXTEND TIME FOR DISCLOSURE
    11/2/2012 NOT - Notice 11/7/2012 Defendant(2)
    NOTE: OF SERVICE OF DEFENDANTS RESPONSE TO PLAINTIFFS FIRST SET OF NON UNIFORM INTERROGATORIES
    10/31/2012 LOW - List Of Witnesses/Exhibit/Evidence 10/31/2012
    NOTE: Plaintiff's Disclosure of Expert Witness and Opinion
    10/16/2012 019 - ME: Ruling 10/16/2012
    10/6/2012 RES - Response 10/8/2012
    NOTE: Plaintiff's Response to Defendant's Motion for Reconsideration OF EXTENSION OF TIME TO DISCLOSE EXPERT WITNESSES
    10/5/2012 MFR - Motion For Reconsideration 10/10/2012 Defendant(2)
    NOTE: EXPEDITED/RE GRANTING PLAINTIFFS MOTION TO EXTEND TIME TO DISCLOSE EXPERT WITNESSES
    10/4/2012 023 - ME: Order Entered By Court 10/4/2012
    9/27/2012 MOT - Motion 9/28/2012
    NOTE: Plaintiff's Motion to extend time to disclose expert witnesses
    8/14/2012 026 - ME: Pretrial Conference Set 8/14/2012
    6/15/2012 028 - ME: Status Conference Set 6/15/2012
    5/1/2012 MOT - Motion 5/7/2012 Defendant(2)
    NOTE: TO STRIKE PETITIONERS MOTION FOR SCHEDULING CONFERENCE
    4/30/2012 MOT - Motion 4/30/2012
    NOTE: PLAINTIFF’S MOTION FOR SCHEDULING CONFERENCE; and COUNSEL’S NOTICE OF CHANGE OF ADDRESS
    4/20/2012 MOT - Motion 4/26/2012 Defendant(2)
    NOTE: TO RESET HEARING
    4/3/2012 019 - ME: Ruling 4/3/2012
    4/3/2012 MCO - Motion To Continue 4/10/2012 Defendant(2)
    NOTE: EXPEDITED/APRIL 6 2012 HEARING AND MOTION TO REDUCE CONTEMPT SENTENCE
    3/28/2012 096 - ME: Quash Ret Cvl Arrest Warrant 3/28/2012
    3/27/2012 CAW - Civil Arrest Warrant 3/28/2012
    NOTE: Quashed 2012-03-27
    3/27/2012 REQ - Request 4/2/2012 Defendant(2)
    NOTE: DEFENDANT EXPEIDTED/FOR CLARIFICATION RE SCOPE OF APRIL 6 2012 HEARING
    3/27/2012 RQH - Request For Hearing 4/2/2012 Defendant(2)
    3/15/2012 056 - ME: Hearing Set 3/15/2012
    3/6/2012 NAP - Notice Of Appeal 3/7/2012 Plaintiff(1)
    NOTE: OF DECREE OF ANNULMENT; RESPONSE TO MOTION TO LIFT STAY AND MOTION TO RESET EVIDENTIARY HEARING REGARDING CONTEMPT
    2/21/2012 MOT - Motion 2/22/2012
    NOTE: Plaintiff's Motion to Lift Stay
    1/31/2012 NOT - Notice 2/1/2012
    NOTE: Plaintiff's Notice of Entry of Decree of Annulment
    10/24/2011 023 - ME: Order Entered By Court 10/24/2011
    10/21/2011 OCW - Order for Withdrawal of Counsel 10/31/2011
    9/28/2011 APL - Application 9/29/2011
    NOTE: Ex Parte Application for Order Allowing Withdrawal as Counsel
    8/12/2011 REL - Reply 8/15/2011
    NOTE: Defendant's Reply in Support of Motions
    8/12/2011 AFF - Affidavit 8/17/2011
    NOTE: OF CPA
    8/12/2011 AFF - Affidavit 8/17/2011 Defendant(2)
    NOTE: OF
    8/4/2011 RES - Response 8/4/2011
    NOTE: PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION TO VACATE JUNE 21, 2011 RULING, MOTION TO STAY CONTEMPT ORDER AND MOTION TO RESET EVIDENTIARY HEARING
    7/28/2011 005 - ME: Hearing 7/28/2011
    7/25/2011 EXW - Exhibits Work Sheet 7/27/2011
    7/20/2011 MOT - Motion 7/20/2011
    NOTE: Defendant's: (1) Motion to Vacate June 21, 2011 Ruling; (2) Motion to Stay Contempt Order; and (3) Motion to Reset Evidentiary Hearing
    7/6/2011 311 - ME: 150 Day Minute Entry 7/6/2011
    6/29/2011 STP - Stipulation 7/7/2011
    NOTE: REGARDING DEPOSITING FUNDS IN INTEREST BEARING ACCOUNT IN LIEU OF DEPOSITING WITH CLERK AND ORDER APPROVING STIPULATION
    6/23/2011 097 - ME:CIVIL Arrest Warrant Issued 6/23/2011
    6/20/2011 NOB - Notice Of Filing Bankruptcy 6/21/2011
    NOTE: Notice of Commencement of Bankruptcy Proceedings
    6/20/2011 UPI - Updated Information Address and/or Name 6/22/2011 Defendant(2)
    6/15/2011 RTM - Returned Mail or Returned/ReMailed Mail 7/1/2011
    6/1/2011 339 - ME: 100 Day Notice 6/1/2011
    5/19/2011 029 - ME: Status Conference 5/19/2011
    5/13/2011 SOF - Statement Of Facts 5/16/2011
    NOTE: RE PETITION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION AND ORDER GRANTING AND ISSUING PRELIMINARY INJUNCTION
    5/12/2011 REL - Reply 5/16/2011
    NOTE: TO DEFENDANT'S OBJECTIONS TO FINDINGS OF FACT AND CONCLUSIONS OF LAW RE PETITION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION AND ORDER GRANTING AND ISSUING PRELIMINARY INJUNCTION
    5/11/2011 NDC - Notice Of Deposit With Court 5/18/2011
    NOTE: $2,500.00, , PRELIMINARY INJUNCTION
    5/9/2011 AFF - Affidavit 5/10/2011
    NOTE: Affidavit Re: Deposit of Funds
    5/9/2011 RES - Response 5/10/2011
    NOTE: Response in Opposition to Plaintiff's Proposed Findings of Fact and Conclusions of Law
    5/5/2011 NOT - Notice 5/9/2011
    NOTE: OF POSTING CASH SECURITY BOND
    5/5/2011 REQ - Request 5/10/2011
    NOTE: TO SIGN AND ENTER PRELIMINARY INJUNCTION AND FINDINGS OF FACT AND CONCLUSIONS OF LAW
    5/3/2011 MOT - Motion 5/4/2011
    NOTE: Motion to Modify Preliminary Injunction
    4/25/2011 099 - ME: Withdrawal Of Counsel 4/25/2011
    4/25/2011 028 - ME: Status Conference Set 4/25/2011
    4/20/2011 OCW - Order for Withdrawal of Counsel 5/2/2011
    4/18/2011 NOT - Notice 4/20/2011
    NOTE: ER 3/3 DISCLOSURE AND ER 1.16 MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT
    4/14/2011 NOT - Notice 4/19/2011
    NOTE: OF LODGING PROPOSED FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER GRANTING AND ISSUING PRELIMINARY INJUNCTION AND OTHER ORDERS
    4/13/2011 005 - ME: Hearing 4/13/2011
    4/8/2011 EXW - Exhibits Work Sheet 4/19/2011
    3/15/2011 REL - Reply 3/18/2011
    NOTE: IN SUPPORT OF HIS MOTION TO DISMISS OR IN THE ALTERNATIVE TO CONSOLIDATE INTO MARICOPA COUNTY SUPERIOR COURT CASE NUMBER OR IN THE ALTERNATIVE STO STAY THIS PROCEEDING PENDING THE OUTCOME OF
    3/11/2011 022 - ME: Order Signed 3/11/2011
    3/9/2011 ANS - Answer 3/14/2011
    3/9/2011 RES - Response 3/11/2011
    NOTE: TO DEFENDANT'S MOTION TO DISMISS
    3/9/2011 ORD - Order 3/14/2011
    NOTE: GRANTING PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO MOTION TO DISMISS
    3/9/2011 NOT - Notice 3/14/2011
    NOTE: OF NO OBJECTION TO MOTION TO EXTEND TIME TO RESPOND TO MOTION TO DISMISS
    3/9/2011 CCN - Cert Arbitration - Not Subject 3/11/2011
    2/28/2011 MOT - Motion 3/2/2011
    NOTE: FOR EXTENSION OF TIME TO FILE RESPONSE TO MOTION TO DISMISS
    2/22/2011 AAD - Application And Affidavit Of Default 2/24/2011
    2/18/2011 NAR - Notice Of Appearance 3/2/2011
    2/14/2011 CAN - Credit Memo Appearance Fee Paid 2/16/2011
    2/14/2011 MTD - Motion To Dismiss 2/16/2011
    NOTE: OR IN THE ALTERNATIVE TO CONSOLIDATE INTO MARICOPA COUNTY SUPERIOR COURT CASE NUMBER FC, OR IN THE ALTERNATIVE, TO STAY THIS PROCEEDING PENDING THE OUTCOME OF FC
    2/9/2011 056 - ME: Hearing Set 2/9/2011
    2/4/2011 UPI - Updated Information Address and/or Name 2/8/2011 Defendant(2)
    2/2/2011 056 - ME: Hearing Set 2/2/2011
    1/31/2011 NOH - Notice Of Hearing 2/1/2011
    NOTE: RETURN/ON PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER
    1/28/2011 NOH - Notice Of Hearing 2/1/2011
    NOTE: RETURN/ON MOTION FOR TEMPORARY RESTAINING ORDER
    1/28/2011 AFS - Affidavit Of Service 2/3/2011
    NOTE: 01/28/2011
    1/27/2011 MOT - Motion 2/2/2011
    NOTE: FOR ORDER TO SHOW CAUSE RE PLELIMINARY INJUNCTION
    1/27/2011 MOT - Motion 2/2/2011
    NOTE: FOR TEMPORARY RESTRAINING ORDER
    1/27/2011 MOT - Motion 2/2/2011
    NOTE: FOR PRELIMIMARY INJUNCTION
    1/27/2011 COM - Complaint 1/31/2011
    1/27/2011 CCN - Cert Arbitration - Not Subject 1/31/2011
    Case Calendar
    Date Time Event
    2/4/2011 9:30 Hearing
    4/8/2011 14:00 Evidentiary Hearing
    5/13/2011 9:00 Status Conference
    6/21/2011 9:30 Evidentiary Hearing
    6/21/2011 13:30 Evidentiary Hearing
    7/25/2011 9:30 Evidentiary Hearing
    4/6/2012 10:30 Hearing
    8/9/2012 9:00 Status Conference
    12/14/2012 14:00 Pre-Trial Conference
    Last edited by GoingDown; 11-08-2012, 06:55 PM.
    The world's simplest C & D Letter:
    "I demand that you cease and desist from any communication with me."
    Notice that I never actually mention or acknowledge the debt in my letter.

  • #2
    I was able to delay my judgement for about 3 years by just bogging them down with crap to prove. I found a website that helped people fight credit card debt lawsuits and told people what to do. I printed off a 30 page document of questions for the prosecutor to prove before he file for SMJ. He responded back saying something about the questions were invalid (I forget the actual term he used) so I just re-word most of them and resent.. Of course this takes a couple months back and forth each time. Eventually, after about a year from sending him the updated questions and finally answered them.. Honestly, I had no clue what many of the questions meant, I was just delaying the SMJ. It worked, it took them 3 years to get the judgement.

    I think part of it was that they gave up on me for awhile because I was fighting back and then finally decided to finish it.

    Comment


    • #3
      If you are sued, fighting back is ALWAYS a good idea, if for no other reason than to make the plaintiff's attorney work for their judgment, and to buy time before you actually have to pay anything (or file BK). I am currently fighting a lawsuit with Gurstel Chargo/Discover Bank, and I plan on making it as difficult and expensive as possible for the plaintiffs to win, and even if that happens, I plan on filing BK anyways, so the judgment will never be paid.

      Comment

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