Lostboy38

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Everything posted by Lostboy38

  1. I was told to make sure I titled the counterclaim as COUNTERCLAIM TO CASE #. I needed to list what my reason for the counterclaim was and any amount I have lost. It was recommended that I leave the total amount requested open to adjustment.
  2. Basically this is what I have for the counter claim. That the Counter-Defendant herein has filed a Complaint against the Counter-Plaintiff, 14-0461-GC, on an alleged debt that the Counter-Defendant has no legal claim or ownership of the alleged account. That the Counter-Defendant has knowingly filed this complaint even after the six (6) year Michigan Statute of Limitations has expired on this alleged account. That the Counter-Defendant, through this un-actionable suit, has caused hardship and loss of earnings to the Counter-Plaintiff. As of this date, approximately $450.00. Counter-Plaintiff requests judgment for $450.00, plus, any additional lost earning, costs, and any sundry costs allowable by statute or court rule.This part has me a little iffy. Any suggestions?
  3. Server delivered Summons and Complaint. It says the usual stuff, 1 Defendant is indebted upon Open Account, 2 Performance has been completed, 3 Presently due and owing $1800+, 4 Plaintiff requests judgment of $1800+ plus atty fees. etc. They included with the summons and complaint only 1 monthly billing statement from HD. There is no Bill of Sale or any affidavit from anyone. Am I missing something? Are they trying to misrepresent that they are representing the OC and not the JDB? This one is kind of confusing me. Anyway, I have written up a response denying all their complaints and included some case law to boost my response. I have created an affidavit as suggested by BMC100 and will get it notarized before filing it with my response. I am still unsure of filing a Counter-Claim. I have one written up and ready to file. Should I do this or just let it slide?
  4. I'm too late for that, they've already filed with the courts. A little back ground is in order again. 1. Agreed to CC with Home Depot back in early 2006 to purchase an oven that was on sale and a discount if you use a HD CC. 2. Paid off HD CC with income tax return in Mar 2007. (To the best of my knowledge, I never used the HD CC again.) 3. Dec 2013, received letter from Law Office stating, "Enclosed please find verification of the debt in question. If you should have any question, you may of course feel free to call." a. This letter is not signed by the Paralegal that wrote it. b. Enclosed with this letter. 1. Home Depot Consumer Credit Card Application. (Signed by me. Dated 1/23/06.) 2. Home Depot Statements from Feb. 2011 thru May 2011. a) No purchases, no payments recorded on any of the statements Interest, monthly fees are debited to each statement. c) Last balance due $1800+ 4. I responded to this packet with a letter to the sender. a. This letter is in response to your correspondence of December 26, 2013. To the best of my knowledge and belief, this debt was paid in full in the first quarter of 2007 when I received my federal tax return. I did not use the credit card after that time and never authorized anyone to use it. This is an attempt to correct your records; any information obtained shall be used for that purpose. Your cooperation in this matter is greatly appreciated. Please do not hesitate to contact the undersigned via the USPS at the address listed above should you have any questions or concerns. b. This is the P.S. I included with the letter. P.S. Ms. Paralegal, you failed to sign the cover letter dated December 26, 2013 bringing into question the validity of your notice. I assume that it is an over sight and you will provide me with a signed copy as soon as possible. 5. 6/24/14 Received phone call from spouse stating a processes server delivered a Summons & Complaint for me to her but then he returned and took back the Summons & Complaint after giving my spouse sufficient time to read it. 6. 6/24/14 Called process server at number provided to set time for delivery of Summons & Complaint. This is where it's at now, just waiting for the server to arrive.
  5. I'm being served again on another ID theft Credit Card by the same stupid Lawyer. I won last time but they didn't learn anything and are now filing another Summons and Complaint on me. I want to stick it to them this time by filing a counterclaim for lost wages and other costs that I couldn't get last time because I didn't know how to file it. This time, with your help, I hope to stick it to them. Any suggestions/guidance would be appreciated. I will be posting the specifics of the suit as I get them. Thanks, Lostboy
  6. Just a note: in my case I slipped over the suggestion to make an affidavit, this was a big mistake for me but the judge did accept an affidavit I made late and no one objected to it, so it was entered. Admit and deny as necessary but be sure to get it notarized for the courts. The folks on this board are the greatest and are full of information and knowledge, the only problem I have found with using this board is there is no way to pay the folks here.
  7. I've looked at some of the MI rules (there are so many) and found that there is a chance they can come make me sell "our" properties, cars, land, home, etc. Is this true and what can I do to protect myself from losing everything? This is not my debt and I shouldn't have to pay for something she neglected. Any more advice? (I'm trying to get her name off everything but that's a slow process.)
  8. Looking for recommendations on what to do. My spouse foolishly signed a complaint against her for $2500 or so without looking into what she should do first. She has no job, no income and absolutely no prospect for work. The lawyer that file the complaint against her knows she is judgment proof but has attempted to take my state tax return for the last three years. As my wife has no income, the tax return was awarded to me. But now I believe the lawyer is going to attempt to take our (my) checking and savings account monies because her name is on the accounts. Any suggestions as to what I can/should do?
  9. Thank you all for the support, but guess what came in the mail today, my 2008 bank statements, and surprise, no BofA payment listed. These dang things should have been here yesterday, I could have gotten it dismissed with prejudice. Well, at least I have them for next time. Thanks again everyone.
  10. Ok, here's how it went, first off Stillman chickened out, they sent a noob lawyer in, he didn't know diddly about the case at hand. Their MSD, Denied. My MSD, Denied too. Bummer. But, as soon as the Judge said lets go to Bench Trial, the noob stood up and requested a Dismissal without Prejudice. And my dumb A$$ stood up and said "Objection, I would like it with Prejudice.", What the hell was I thinking. Well, anyway, not a win, but not a loss either. I want to thank everyone here that helped me prepare for this, I cannot express my appreciation to you all. You are all great.
  11. The 19th is the Trial date, their MSD date and my MSD date. I plan to argue all that I can but, when doing an oral argument, I will be allowed to use a "cheat sheet", something with notes on it? The Judge won't look down on that will he? I've read so much and printed out a couple thousand pages of information that it is impossible to keep it all straight. I plan on having a binder with me with all the arguments captioned and tabulated so I can quickly get to the proper objection and quote of case law. As I stated earlier, the case law I quoted in my opposition to their MSD and some I used in my MSD was from NY, but I got the information from a Michigan Case, PALISADES COLLECTION, LLC Plaintiff, v LEVADA TAYLOR, Defendant and HUDSON & KEYSE, LLC Assignee of Beneficial Company, LLC Plaintiff, v JANICE GREGORY, Defendant. MI quoted these cases in theirs. I thought there would be no harm in doing the same. I know some of the things the Plaintiff states is true on the lower court level but as appeals are filed the rules change and some of the items the Plaintiff is claiming become moot. How long does an appeal take and how hard is it to file an appeal? If I've done something stupid and the court rules against me I will be contacting a lawyer to file the appeal. (good idea or not?)
  12. Dealing with Stillman is going to be a pain for you, everything they say is gospel anything you say is going to be a lie. You must give a valid reason they do not have claim to this account or legal right to collect it. They told me I did not properly deny the account in my initial response and any denial after that is irrelevant. I denied everything they said but didn't give a reason for my denial, ie. no account num listed in the bill of sale, affidavit bad, etc. I'm going to trial on Wed, check back Thurs to see the results. Wish me luck.
  13. Just an update, my trial is going to happen Wed as long as nothing goes bad before then. They sent their MSD, I sent my MSD and answered theirs. They claim all they say is true, all I say is a lie. I followed the advice from this forum and filed disputes with the CRAs. To my surprise, 3 of the 7 challenged listings were removed or deleted. And OMG, Midland Funding, LLC was one of the ones deleted. What does this do to my case? I'm thinking it's a feather in my cap but with these Outhouse Lawyers, one never knows. I made sure I sent a copy of the Credit Report Investigation Summary to the court and to the Plaintiff. I hope I was suppose to do that. Should I go get a suit to wear or just get as "spiffy" as I can for the day of trial? Can anyone tell, I'm a little nervous?
  14. As I stated earlier, one of the Billing Statements the Plaintiff provided had a charge on it to Alltel Phone Serviced, I did not have an Alltel Phone in 2006/7/8/9, I used Boost Mobile and Tracfone. How can I prove I didn't have something when I don't have any records. What I do have are hundreds of dollars worth of the Pre-paid minutes cards for both these carriers. Can I somehow use these as evidence to support my use of the Boost Mobile and Tracfone? I have run copies of the cards, both front and back, taking 16 pages with several cards on each page. I hope I can use this in my opposition to Plaintiff's MSD. If I can, I send one to the Plaintiff and file one with the courts?
  15. I will get my stuff together and call him in the morning. I guess trying to carry your own burdens is not a wise choice when it come to the Outhouse Lawyers.
  16. I haven't had the chance to call him, but I am going to have to make that a priority. I thought this was going to be easy, but I didn't realize how much stress comes along with a pending law suit. I know they are grasping at straws and that I have a good chance of winning this case, but getting my brain wrapped around that is difficult. In the Plaintiff's MSD, they claim, "The Defendant has failed to assert any valid defenses to the Plaintiff's claims of Breach of the Agreement and Account Stated.", WTH, can they make this about two accounts? Is this a Breach of the Agreement or is it an Account Stated? Or are these one and the same?
  17. The rule is MCR 2.116©(10) only. As far as the Identity theft issue, I had to go to court against the State of Michigan, the Unemployment Agency, someone had used my name and SSN to draw UIA benefits. I had to prove that I was in no place with a phone to call into MARVIN, the Administrative Law Judge read the evidence that I presented and found in my favor, that someone had used my ID. She ruled that there was no fraud on my part and dismissed the fines levied against me. I presented this to the Atty for the plaintiff and he's been ignoring it. I did dispute this account, Midland Credit Management, about 2 years ago, when Stillman first sent a letter to me. I never heard anything from them again for 29months and 18days. I finally did a follow up with Transunion CRA, this time I challenged all the accounts that I have no idea where there, 7 in total. The investigations by the CRA is suppose to be finished on Feb 7th. But I was unable to figure out how to put a fraud alert on my credit report. As far as raising issues properly, I don't even know how to sign my name any more let alone making sure things are done properly.
  18. As I stated, I received Plaintiff's MSD, how long do I have to respond? I thought I read somewhere on here that it is 10 days. And should I be drafting up my own MSD to file with my answer to the Plaintiff's MSD? I understand the frustration people feel when they are going through this excrement. Even though this isn't my account, I'm considering offering them 40% of what they claim is owed just to shut them up. Any ideas?
  19. Part of my rebuttal to their MSD was going to be based on some of the documentation they objected to and didn't send to me. Should I contact the court about this issue? How can someone defend themselves if the Plaintiff won't turn over the information requested. This alleged account is over 6 years old and I "rotate" my files every 3 years. I have nothing about this account but I know it's not my account. Is there some way to show that it isn't my account even when I don't have any information about it? How can a person prove something isn't true when it never happened? I'm so confused.