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Dwayne B.
Dwayne B., Attorney
Category: Legal
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Experience:  Began practicing law in 1992
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I will be going to my pre-trial conference in a few days. (Arizona).

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I will be going to my pre-trial conference in a few days. (Arizona). This is a debt collector attorney representing my old Home Owner's Association. They want approximately $5100 before their fees at 18% interest. Although too complicated to explain in this space - the HOA refuses to provide me a detailed statement of my account (originally started in March, 2007) before going to court, so I have no way of knowing prior to the pre-trial day if they have credited me for a cashier's check my daughter delivered to them in person. This was per their demand letter at the time and we believe it was paid in full. Somewhere in the vacinity of $800-$900 although I no longer have the receipt. If I knew this it would be easier to see if any months were missed and then pay accordingly.      My question is this: should I bring ALL my documentation of items and reasons I believe I don't owe this amount, OR do I merely bring the most serious concerns and reasons along with any proof I may have.
Thank you.    Dena
Submitted: 4 years ago.
Category: Legal
Expert:  Dwayne B. replied 4 years ago.
You won't go over any of the facts at the pre-trial conference, it is just to work out the details of the trial. In addition , if you have file discovery to seek the statement and information from the HOA and they haven't provided it you need to file a Motion to Compel and address it at the pre-trial. You may also want to consider filing and requesting a mediation because it sounds like it is matter of a miscommunication rather than an actual dispute.

<br><br>Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.<br><br>

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Customer: replied 4 years ago.
I have not 'filed discovery' and am unaware of how to do that. . I am not an attorney. I merely called them on the phone and the response was "no". I will be going to court on this Thursday . . is it too late?
Expert:  Dwayne B. replied 4 years ago.
When is trial set?
Customer: replied 4 years ago.
the 'Pre trial conference' is August 5th . . . this Thursday. (no actual "trial" is set yet beyong the 'pre trial'.
Expert:  Dwayne B. replied 4 years ago.
Then you may still have time to file discovery. That is the appropriate way to ask for things in a lawsuit, through interrogatories, requests for production and requests for admission. You may want to consider hiring a paralegal to assist you in preparing your documents.

<br><br>Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.<br><br>

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Customer: replied 4 years ago.
Can the judge grant an 'oral interrogatory' at the time of the pre-trial?
Expert:  Dwayne B. replied 4 years ago.
No, there is no such thing as an "oral interrogatory".

<br><br>Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.<br><br>

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Customer: replied 4 years ago.
Does the judge have the right to make a final decision on the pre trial day?
Expert:  Dwayne B. replied 4 years ago.
A final decision about what?
Customer: replied 4 years ago.
How much, if any . . I would need to pay to the HOA
Expert:  Dwayne B. replied 4 years ago.
No, not at a pretrial conference, unless they have filed for a summary judgment or something like that. Otherwise nothing permanent will be decided.

<br><br>Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.<br><br>

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Customer: replied 4 years ago.
How would one know if they had filed for a 'summary judgment'? Would they have to notify me of that?
Expert:  Dwayne B. replied 4 years ago.
Yes, you would have to have received a copy of the motion as well as a notice of setting. If you haven't don't worry about it.

<br><br>Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.<br><br>

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27293
Experience: Began practicing law in 1992
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Dwayne B.
Dwayne B.
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27293 Satisfied Customers
Began practicing law in 1992