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About Debtor_2013

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  1. OK, thank you guys very much. I will get these out asap.
  2. Will that comply with these two rules? MCR 2.312((2) provides that you must specifically deny a matter asserted or state in detail the reason you cannot truthfully admit or deny. Your denial must fairly meet the substance of the request. If good faith requires that you qualify an answer or deny only part of the matter asserted, you must specify the parts that are admitted and denied. MCR 2.312((3) provides that you may not give lack of information or lack of knowledge as a reason for failure to admit or deny unless you have made reasonable inquiry.
  3. OK, You Guys HELP! I need to get this sent out today does it look okay?
  4. Does anyone know at what point in the lawsuit is it too late to file a motion for Arbitration?
  5. Plaintiff's Exhibit List: Application or Indicia of request for credit; Monthly Statements; Correspondence; Indicia of Payments; All exihibits listed by the Defedant; and All exhibits that become known during Discovery. This is what LVNV Funding listed as their Exhibit List, but they have sent me no copys of anything. All I have is the affidavit that came with their complaint.
  6. OK, this is what I have so far: ANSWERS TO DISCOVERY Do you admit that you applied to obtain credit account number XXXXXXXXXXXXX, issued by GE Bank? Denied Do you admit that by applying for credit, you received credit privileges? Denied If this was not your intention, state why you applied for the credit. Denied Do you admit that you received goods and/or services, pursuant to the account that you received from GE Bank? N/A Do you admit that a principal balance of $1887.96 remains due and owing on said GE Bank credit account? Denied If you deny that a balance remains due and owing, please state your specific reasons why said balance is not due and owing. You haven't shown any statement of a balance due and owing. Do you admit that any amount remains due and owing on said GE Bank credit card account? NO If so, what amount do your records reflect as due and owing? $0.00 Do you admit that you received statements from GE Bank, indicating the balance they claim as due and owing on the account? Denied Do you admit that you made a payment on said GE Bank Account? NO If your answer to question #10 is yes, please produce all documentation, including but not limited to; canceled checks, bank statements, billing statements and settlement letters. NO Do you admit that you did not dispute any charges or fees on this account in writing to GE Bank? Disputing Now. If you deny the previous request for admissions, please attach to your answer a copy of the letter(s) of dispute you sent to GE Bank and a copy of any response from GE Bank. See Above. Please help me so I can get these out today.
  7. I have a second pre trial coming up and I'm trying to figure out how to answer my discovery. At the first pre-trial the magistrate said dicovery had to be completed within 60 days, but on the discovery request I got in the mail it said they had to be answered within 28 days which would put me beyond the 60 days set by the court. So which is it? 28 days from the time I got the request in the mail or within the 60 days set by the court?
  8. Okay, so this is what they are claiming in there affidavit. 1. I am an Authorized Representative for JDB company (herafter the "Plaintiff"). I am authorized to make this affidavit on its behalf, and the information below is true to the best of my information and belief based on the Plaintiff's business records. 2. I have personal knowledge regarding Plaintiff's creation and maintenance of its normal business books and records, including computer records of its accounts receivables. This information was regularly and contemporancously maintained during the course of the Plaintiff's business. 3. In the ordinary course of business, Plaintiff regularly acquires revolving credit accounts, installment accounts, service accounts and/or other credit lines. The records provided to Plaintiff have been represented to include information provided by the original creditor or its successors in interest. Such information includes the debtor's name, social security number, account balance, the identity of the original creditor and the account number. 4. To the best of my knowledge and belief, the Defendant is not a minor or mentally incompetent person. 5. Based upon the business records maintained on account XXXXXXXXXXXXXXX (hereafter "Account"), which are a compilation of the information provided upon acquisition and information obtained since acquisition, the account is the result of the extention of credit to Joseph Blow by a Credit Card Company on the date of origination. Said business records further indicate that Account was then owned by the Credit Card Company who later sold and/or assigned Porfolio XXXXXX to Plaintiff's assignor which included the Defendants account on such date (the date of assignment) and on the Date of Assignment, all ownership rights were assigned to, transferred to, and became vested in Plaintiff, including the right to collect the purchased balance owing of $1000.00.
  9. So Bruno is saying it should look like this: 1. The Plaintiff's affidavit is legally insufficient and fails to properly authenticate the documents it supports. Defendant controverts the content of this document in its entirety. 2. The Plaintiff's affidavit fails to establish standing to sue, a defect which would be fatal to the Complaint. 3. The affidavit is stale (Dated December 28th, 2012 ) well beyond the 10 day Michigan rule (MCL 600.2145) and fails to satisy the rules of evidence.
  10. Okay, how does this look? 1. The Plaintiff has provided a high volume reproduction "Robo-signed" form letter copy that claims that a person representing the Plaintiff has Knowledge of the Plaintiff's business records, and with no knowledge of any business records from an originator of an account, this is not evidence, but HEARSAY. 2. Plaintiff's Affidavit does not provide any information that would allow the Court to determine if the alleged account of the Defendant was one of the accounts sold or assigned to the Plaintiff. 3. The document/affidavit in itself is stale (Dated December 28th, 2012 ) and is well beyond the 10 day Michigan rule by not being made within 10 days preceding the filing of the alleged complaint or issuance of the writ (summons). MCL 600.2145. If the affidavit is made prior to a 10 day period, the affidavit does not serve as Prima Facie evidence and the court cannot put weight of evidence towards that affidavit. 4. Plaintiff has provided no proof that the Affidavit of Sale is an original document other than a high volume reproduction of a "Robo-signed" form letter, a junk debt buyer's say-so is not enough. 5. Plaintiff relies on an affidavit executed by Juli Obrien, who identifies herself as a Representative for the Debt Buyer (LVNV Funding LLC). She does not claim to have any personal knowledge of the transactions underlying this complaint. 6. Obrien claims that with her sworn statement LVNV Funding is now the owner of the alleged debt, but she fails to offer any evidence to support her claim other then she has knowledge of a supposed debt. 7. Obrien also did not provide a phone number or address where she could be reached in order to prove that she is a real person and will be able to come to court and testify about her knowledge.