wendesdaughter

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Everything posted by wendesdaughter

  1. Thanks shellieh98, I was thinking about it, but since MI only charges $20 to file a motion I'm only out $40 and I kinda want to just be done with it. It's been stressful for me!
  2. I won my case by reading the information on this forum. I didn't get it dismissed with prejudice, but without prejudice is still a win. If you live in MI and are being sued by a JDB I'm here to testify that these methods work. Just do your homework and you'll be fine. Thanks bmc100 and everyone else who contributed information! I couldn't have done it without you guys!
  3. Thank you everyone who helped me with this case. I ended up winning with a Motion to Dismiss without prejudice. I wanted to get with prejudice, but the Judge said he couldn't grant it. Maybe I should have filed the Motion for Summary Judgement, but I thought it was too late to do so. Anyway, thanks again for all your help everyone. I couldn't have done it without you.
  4. Ok, that sounds great. Thank you. So just to be clear, I should wait until I get my pre-trial date to start doing this? I just don't want to wait too long and miss any opportunities. In this MSJ, prejudice would attach assuming the judge approved it? Should I do this before their file theirs? I think timing is the big thing that has me confused here if you hadn't guessed.
  5. Those were forms I got from the court. They were preformatted. You check the box that applies and fill in the line. The ones I bolded were my defense. On the first page you can either check agree, disagree or claim no knowledge and fill in the rest of the sentence stating why. On the second page you check preformatted affirmative defenses or list your own under 13. Other:
  6. Confirmed with the court, it's a civil case in district court. It's the same window at the court as small claims so apparently people get confused about it a lot. I still feel retarded though!
  7. Also, Please let me know if you want me to post Midland's response to my Motion to Strike.
  8. Now that I think of it I might be totally wrong about it being in small claims court. I think it's the civil division of the district court. I'm sorry, this whole process is still very new to me. I'll check with the court tomorrow. I think for some reason I was thinking it was the same thing.
  9. Thanks for your help guys. I know you all know how hard it can be to try to navigate this sea of information and not be exactly sure you're doing it right. The first notice I got of the lawsuit was an order of default judgement in the mail forwarded from my old address. It was issued 4/30/13 First summons issued 11-19-12, expired 2-18-13. This is their original complaint: Now comes Plaintiff, Midland Funding LLC Assignee of , GE MONEY BANK by and through its attorneys, STILLMAN LAW OFFICE, and for its Complaint against the Defendant, states as follows: 1. that the Defendant herein is i
  10. I already filed a motion to dismiss the default judgement and that was granted. The judge then said I had 21 days to file an answer. I filed an answer and at the same time filed a motion to strike the affidavit of the midland employee. That motion was denied in court yesterday. The 21 days to answer has been up for quite some time and we are now waiting for a pretrial date. I'm sorry if I wasn't clear about that. This is small claims court by the way.
  11. Racecar, I have read that thread already. I have already answered and taken other steps and am now in pre trial so I wasn't sure if those circumstances applied to me. I've actually read all the threads that pertain to Midland in Michigan. I still feel so ignorant. I'm looking for something a little more specific, which is why I posted my own thread. If you, or someone, could please answer my specific questions above which I feel are still unanswered after reading, I would appreciate it. Thanks again!
  12. Do I file a motion to dismiss now or is it too late? Do I send an informal request for discovery to Midland or should I just wait for Pre-trial? What do I need to bring to Pre-trial to prove my case i.e. that they have no standing? The suspense is driving me nuts, lol!
  13. Hi All, I had been fighting Midland and Stillman for a few months when I discovered this forum today. I had my motion to strike their bogus affidavit denied in court today and I'm wondering what my next steps should be. 1. Who is the named plaintiff in the suit? Midland Funding LLC Assignee of GE Money Bank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Stillman Law Firm 3. How much are you being sued for? Around $900 4. Who is the original creditor? (if not the Plaintiff) GE Money Bank 5. How do you know you are being sued? (You