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Everything posted by Lostboy38

  1. Another new paragraph, "Tax Considerations. This Agreement is a result of a "contested liability" that was disputed in good faith. The parties expressly agree and acknowledge that this Agreement does not constitute the forgiveness of a debt. The Released Parties make no representations regarding tax consequences, if any, pursuant to the Agreement. This paragraph has me stumped, does this mean they are going to try to send me a taxation notice at the end of the year? I'm pretty sure they can't do this because no admission of debt owed has been agreed to.
  2. Well, I guess filing the Motions lit a fire under their butts. I received another offer from their attorney, it says it is the same as my counter offer but it is not, they've added a couple items in the agreement. I don't want to sign it, there is still a paragraph of "Release of Unknown Claims. This Agreement covers and includes all claims that Defendant has against the Released Parties (MF) up to and including the date of this Agreement, whether actually known or not, despite the fact that any applicable state and/or federal law may provide otherwise" My thoughts on this is that I will not be able to pursue any legal action about this claim after signing this agreement.
  3. In my Motion to Meet and Confer, I challenged the Plaintiff on the authenticity of the Documents supplied by MF & MCM, I am going to challenge any document presented by MF & MCM as being from Unclean Hands due to the lawsuits and AGs filing against them and being won. Can I bring this up at the hearing? I want to gather all the information I can about suits against MF & MCM in their Robo-Signing charges. They are still using these affidavits and anything supplied by the signers of these affidavits are of a poison fruit, therefore inadmissible. Is this something to pursue or should I give that up?
  4. I received notice from the Court today, Hearing on the Motions will be heard on the 15th of Oct. The Court included a note, "Representation of Midland Funding must have authorization to settle this suit." Is that normal? I've put my motions forth with briefings, should I bring anything to the hearing? I can't imagine what it would be, they failed to answer, pretty simple, should I be getting any case law about Compelling?
  5. Ok, so what I have now is 1st, my Motion to Extend Discovery Deadline. In this I have included the fact that the Plaintiff has been stalling in responding to my Discoveries and has made no attempt to contact me what-so-ever. 2nd, My Motion to Compel, this one is more complicated per the MRCs. I have given the facts, how Plaintiff has failed in responding to my request for Discoveries, how they ignored my Request to Meet and Confer, via phone if necessary. I have included with this copies of all CRRRs, copies of the Request to M&C with the Plaintiff's responses that are being questioned and copies of my Request for Discoveries. I will be filing this with the Court tomorrow (15th) morning.
  6. The JDB with drew after they lost their MSD. I have a counterclaim against them on this current one so the can't just withdraw unless they want to pay me first. Yes they are admitted if they are not answered or the answer is "Evasive or Incomplete". I am pretty sure I can win this with SOL but I would really like to get on record that MF and MCM have unclean hands due to the dozens of charges brought against them for robo-signing and for failure to properly investigate before bringing litigation. If I can get the unclean hands in, then MF and MCM will have an impossible time putting forth documents of any kind for the courts. And it seems everything I have received in this suit has been supplied by MF & MCM. I am digging everything I can up in regards to MF & MCM having suits filed against them, especially the ones they lose. I am finding quite a few where they settled before trial.
  7. Thank you for your help. Thank everyone for their help. I may be chasing my own tail on this but I hope to give Stillman the message the not everyone goes down without a fight. I just feel I have to win this, I have an affirmative defense of "Unclean Hands" against Midland Funding that I want to win. If I can win this, even through default, it might help someone down the road.
  8. I have read the rules over and over again, as far as I can tell, I am on the right track. They have failed in responding to my Second set of question, the 28 day period for their answers was over on the 30th of August. They failed to respond to my counter offer totally. I sent a request to Meet and Confer, (as required by the court). I have all the CRRRs from everything I have mailed. I believe I have everything in order, I just don't see what they're up to.
  9. Ok, I've changed it again. The Defendant, Lostboy38, Defendant in Pro Per, humbly requests of the Court an Extension of Discovery Deadline from the original ordered 60 day period entered on July 16, 2014 to a 90 day period from the same date, as the Plaintiff has failed in responding to the Defendant’s Request to Meet and Confer. This Meet and Confer is regarding the Defendant’s Objections to the Answers from the Plaintiff and Objections put forth by the Plaintiff regarding questions from the Defendant. The Meet and Confer was received by the Plaintiff on September 8, 2014. (Please see attached copy of CRRR.) 1. The current Discovery Deadline is September 14, 2014; 2. Trial is currently set for October 29, 2014; 3. Due to the failure of the Plaintiff to respond to the Defendant’s Request for Information, the Defendant needs an Extension of Discovery Time to put forth a Motion to Compel answers from the Plaintiff; 4. The Defendant requests that the original ordered 60 day period entered on July 16, 2014 be extended to a 90 day period, thus ending Discovery on October 14, 2014. 5. The Defendant therefore request the Scheduling Order, entered on July 16, 2014 be amended in accordance with this request.
  10. I have quoted the rule 2.108(D) before this paragraph. The Defendant humbly requests of the Court an Extension of Discovery Time from the original 60 day period to a 90 day period as the Plaintiff has failed in responding to the Defendant’s Request to Meet and Confer. This Meet and Confer is regarding the Defendant’s Objections to the Answers from the Plaintiff and Objections put forth by the Plaintiff regarding questions from the Defendant. The Meet and Confer was received by the Plaintiff on September 8, 2014. (Please see attached copy of CRRR.)
  11. Can/Should I put both the Motion for more time and the Motion to Compel in the same filing? I have to file a Motion for more time because the 60 day period is past by one day, I have to do the Motion to Compel to get them to answer my request to meet and confer and to get the responses to my objections to their replies and find out why they failed to answer my second set of discovery questions.
  12. I did send the M&C, I sent it on the 4th from MN, the received it on the 8th in MI. I followed all the rules in my request for a M&C, stating my objections and such. I did receive an offer with stipulation last month, I counter offered with almost the same agreement but took out the parts where they tried to get me to say I was using an attorney. I have heard nothing back on that counter offer. I'm afraid that they are up to something, dragging out my discovery time by getting my hopes up for a settlement. I will be filing a motion for an extension on discovery and a motion to compel tomorrow morning when the clerks office opens.
  13. Well, I think I screwed up, day 60 of the discovery period is 9/14. And it clearly states in the rules that you need to request extensions before the discovery period has expired. I am still going to put together a MSD and file it with the courts. In their failure to answer my discovery, doesn't that consider all the request for admission as being admitted?
  14. I have looked in the MRC and didn't find anything on extending discovery period. I will be going to the court on Monday and asking them what I need to do to extend the time period. The trial isn't until Oct 29th. I have a little time yet. I am going to put together a MSD to present to the court also. Would it be wise to call their attorney? Ask the about the counteroffer I made to settle? Would this breach my Cease and Desist order?
  15. I have not received anything from the Plaintiff's Attorney on my Meet and Confer request, now I'm going to file a Motion to Compel with the court. I will be filing this on Tue the 16th. On another note, I have not received anything from the Plaintiff asking for docs, IROGS or Admits. The discovery period is over on the 15th. Am I missing something? Am I suppose to send them my witness list even though they didn't ask for it?
  16. I don't know how true it is but I was told that any discovery requested before the pre-trial can be ignored.
  17. I have written up a request to Meet and Confer with the Plaintiff. I understand that I need to list my objections to their replies. I have done this, I listed my question, listed their answer and then explained why I objected to their answer in my request. The 28 days to reply was over on the 30th of August for my second set of inquiries, I am giving them until the 3rd of September to get me the reply before I mail my Meet and Confer letter. Within this letter I explained my understanding about the distances between the parties and asked if a telephonic meeting would be ok. I haven't included any time frame for a response from them, I probably should but I don't know what a good time frame is, 5 days, 10 days???? Our 60 day discovery period ends on the 15 of Sept. I also in the letter made a reference to my Counter Offer being ignored so I assumed the trial would continue. Any guidance? Am I on the right track?
  18. Rule 2.309 Interrogatories to Parties © Motion to Compel Answers. The party submitting interrogatories may move for an order under MCR 2.313(A) with respect to an objection to or other failure to answer an interrogatory. I the motion is based on the failure to serve answers, proof of service of the interrogatories must be filed with the motion. The motion must state that the movant has in good faith conferred or attempted to confer with the party not making the disclosure in an effort to secure the disclosure without court action. Reading this, I assume that I need to try to make contact with the plaintiff's attorney and request a meeting to go over their objections and their failure to respond to my second set of inquires. It has been 29 days since they received my second set. As to their "Offer of Settlement", they have completely ignored my counter offer. All I countered with is that I did not confer with an attorney on their offer and wanted them to remove that statement from the offer. I did not feel comfortable swearing to a statement that was not true.
  19. Ok, I have patiently waited for a response to my Settlement Counter Offer and have heard nothing. Now the 28 days are up for them to respond to my second requests for docs, rogs and admits, I guess it's time to get at it again. As I understand it, I need to send a request for a meet and confer to the attorney to request the responses to my requests before I can file a motion to compel? I sent the second set of requests on the 1st of Aug so I'm giving them til the day after the holiday to respond, I will then be sending t he request to M&C to the attorney, do I need to file this request with the courts too? Our Discovery period end around the 14th of Sept, I want to be sure and get everything I need before then.
  20. I am very raw here so take this information for what it's worth. (probably not much) When dealing with Stillman this is what I did: 1st, check the SOL, find out when the last payment was made or purchase was charged to the alleged account. (SOL in MI is 6 years) If they sent no monthly billing statements showing a purchase or payment, then I don't think they met the burden of proving the SOL hasn't expired. 2nd, be sure to answer each complaint individually. In my responses I actually type out each one of their complaints and type in Deny or Accept with an explanation. (ie. 1. That the Defendant herein is indebted upon open account or pursuant to contract, and defendant accepted same. Deny, Defendant has never had an account with plaintiff. 2. Performance has been completed and defendant agreed to pay the account. Deny, To the best of my remembrances, Defendant has never witnessed any Performance and Defendant never agreed to pay the alleged account. etc.) 3rd, Be sure to make a counter affidavit, get it notarized, (most county clerks offices have a notary available), I failed in my first case to file an affidavit and depending on the Judge it may come back to bite you in the butt. 4th, Be sure to read everything Stillman send you, they will try to "paper bomb" you, multiple monthly statements (same months), several affidavits (different signers, different dates (all outside the Prima Facie limits)) and any reply you make to them send it CRRR (Certified Return Receipt Requested). Get yourself a calendar and note the pertinent dates on it, ie. received S&C on 5th, must have answer submitted by the close of business on the 26th, etc. But most of all and I can't stress this enough, READ THIS BOARD, the information here is incredible, the people here are amazing and the guidance you get here is unbelievable. If you follow their lead, do what their suggestions say and don't get over zealous, you can win this suit against Stillman and Midland Funding. (Be advised, these are only things I have done, you need to do what is pertinent to your situation)
  21. I have a new development, I really need some guidance, If someone could PM me I will explain. Please help.
  22. I am setting up my second round of ROGS, Docs and Admits, should I object to their 1st answers or just pick them apart. For instance, the request for docs, Q1, Proper chain of title, they answered "See attached Exhibit "C", Bill of Sale and Assignment. The assignment is reacted, shouldn't I object to this and ask for an unreacted copy?