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Everything posted by Lostboy38

  1. If the Plaintiff answers that they don't have to answer because the answer has no baring on the fact the defendant is in breach of contract, is this reason enough to send in a meet & confer? I asked to be sent the "Paperless billing policy" of the OC.
  2. If I object to their answers and I list them line by line, do I send that to the court and to the Plaintiff or do I include it with a motion to compel?
  3. Do I need to go line by line on their answers and object to them as being to vague, to avoiding and just plain stupid? And if I object to them, can I bring it to the Judges attention with a motion to compel?
  4. I have already tried to get my bank statements, the bank went through a full automation overhaul 2 years ago, all historical documents were archived, they told me it would take over 6 weeks to get the information I requested. In the billing statement that shows a payment being made, it shows a charge being made to an Alltel account, I did not have an Alltel account back in 2008, I used Boostmobile and Tracphone. The other charge on that statement was to Dishnetwork, which I do have Dish but I would never use a credit card to make a payment on a monthly subscription. In my ROGS, I asked for information on documents they may use at trial, they gave me the same spew for the first 10 items but the 11 - 12 they used, Field Data Report, (I object as to being self serving, made by Midland), The "Bill of Sale", (I object because no affidavit supporting it and the "no warranties" statement", and Account Statements, (I object because no affidavit from a BofA validating them, I also object to them as there are only 4 of them, skipping several months). Am I on the right track?
  5. Next, In my ROGS, I ask for all communications between BofA and MFLLC, Their answer: Plaintiff objects as the request is irrelevant. Communications between MFLLC and BofA has no bearing on whether Defendant is in "breach of contract". CONTRACT???? What contract? I haven't seen any contract. Does this change things? They have answered most of my requests with Plaintiff object, the Assignor is to large a company to "track/record" this information, request irrelevant or they skirt the request altogether. Can I object to their answers, can I call them on skirting the request and can I still file a Motion to Compel?
  6. Isn't this amazing, the day they get my request to respond to my discovery, they put it in the mail to me. What a coincident. Ok, question, My ROGS, "Identify any document or record that you may offer into evidence in the trial." Their Partial Answer: "3. Any and all proofs of payment by Defendant to Plaintiff." Next, In my Req for Docs, "Please produce records of proof of payment by the Defendant to Plaintiff or its Assignor." Their Answer: "Please see attached Account Statements. Plaintiff is searching its files for further proof of payments made and will forward such documentation along as it becomes available." Now my stupid question, In my ROGS, I ask for proofs of payment, they sent me the same 4 account statements from before showing 1 payment being made on it, does this mean that it's all they have, shouldn't they have sent me everything that have as proof with my request for docs?
  7. I have found the questions listed in the original case about Robo signing. I will use a lot of those questions and a few of my own. Very good, thanks Brotherskeeper, this simplifies things.
  8. I am putting forth a subpoena, trying to get the signer to come to court. She is in MN but it will be worth it if I can get her here.
  9. Also, I have found out that the Affidavit that was sent with the Complaint and Summons is one of the "Robo-signed" affidavits. What can I do with that?
  10. Ok, I see that, but what I need to know is do I have to print out the information on the websites or can I just give them a list of the web sites, They are public sites, gov sites, court sites, news paper sites and magazine sites. I don't want to have to print out everything and make copies to send to them if I don't have to.
  11. I know it is after my time limit for Discovery but I have run across some documents and web sites that I want to use in my defense. I know I need to make the docs available to the Plaintiff, but as far as the information on the web sites, can I just give them the web address or do I need to print the information out to give them.
  12. Is this only for account stated or does it include and alleged Open Account as well?
  13. I will wait until the 16th to mail out my request, that will give them 30 days by the time they get it on the 17th. And yes, I am hoping they do not reply, then that means that they admit by non response. We have a trial date, can I or the Plaintiff still file motions or is it best to wait. I know I need to file a motion to compel when he doesn't answer me but what about MSDs or MSJ? Another item, and I only ask this because I've seen so many things on here that could have, should have and probably needed to be done and I want to be prepared. I'm wondering about restitution if I prevail on this suit, I've lost several days of work, I've spent a bunch of money on investigation, office supplies, travel and subscriptions to help fight this frivolous lawsuit. I've read about some people getting restitution but only when they were prepared when the opportunity offered its self. Please keep in mind, I'm not in it for the money and if I do happen to get anything, part of it will be donated to this website to help keep it going. If there is nothing I can file with the courts, can I file a small claim after the fact? I do know that getting restitution in MI is almost impossible but I'm hoping someone here may know a way. I'm after the law firm more than Midland, this Outhouse Law Firm files hundreds of cases hoping for defaults, I'm praying to send a message. BTW: Thank you all for your help, if I win, yay for the good guys, if I lose, well, I hope we learn something for the next time.
  14. I didn't know how to word what I was asking for, I want the Requests I sent them to be returned to me Answered. Any suggestions as to how to word that?
  15. Non-Jury trial set for Feb 19th, Plaintiff has not replied to Requests for ROGS, Docs or Admits. Should I file a Motion to Compel? I've read that before doing the MTC, you are suppose to write a letter to the opposition re-requesting the documentation. If this is true, I've written a letter, please let me know what you think. DEFENDANT’S REQUEST FOR PRODUCTION OF DISCOVERIES REQUESTED To all it may concern; On December 16, 2013 I submitted three (3) items for your review, research and responses. As of this date I have not received any response back. Answered Documentation Requested: 1. Defendant’s First Request for Interrogatories, Mailed 12/16/2013 Received 12/18/2013 2. Defendant’s First Request for Admissions, Mailed 12/16/2013 Received 12/18/2013 3. Defendant’s Second Request for Documents, Mailed 12/16/2013 Received 12/18/2013 Your prompt attention to this oversight would be greatly appreciated. Respectfully Submitted, Me I followed the same instructions as before with a proof of service and green card mailed.
  16. Don't they have to send me something showing where Midland purchased the debt and are entitled to collect on it?
  17. Ok, how about this? Attn: Ms. Dawn Wyman, Paralegal Dear Ms. Wyman; 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. Very truly yours, Lostboy38 P.S. Ms. Wyman, 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. Should I drop the P.S.?
  18. I've received a "verification of the debt in question" letter from the Stillman Law Offices. In the letter I received: A signed contract from Jan. 23, 2006, with my signature and SSN on it. 4 months of billing statements from Feb 2011 to May 2011 with nothing but late fees and interest listed on them. This is my reply to their letter. Dear Ms. Wyman; This letter is in response to your correspondence of December 26, 2013. Pursuant to the Fair Debt Collection Practices Act, § 809(, 15 USC 1692g, please provide ALL of the information to validate the above-referenced alleged debt. This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section and Fair Credit Reporting Act § 611 (a)(1)(A) [15 U.S.C. § 1681i]. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following: 1) Provide proof of what the money you say I owe to you is for; 2) Explain and show how you calculated what you say I owe; 3) Provide me with copies of any papers that show I agreed to pay what you say I owe; 4) Provide a verification or copy of any judgment if applicable; 5) Identify the original creditor; 6) Prove the Statute of Limitations has not expired on this account; 7) Provide proof that you are licensed to collect in the state of Michigan; and 8) Provide proof of your license numbers and Registered Agent. At this time I will also inform you that if your offices have reported invalidated information to any of the three major Credit Bureau’s (Equifax, Experian or Trans Union) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following: 1) Violation of the Fair Credit Reporting Act; 2) Violation of the Fair Debt Collection Practices Act; 3) Defamation of Character If your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will not hesitate in bringing suit on against you. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. Pursuant to the Fair Credit Reporting Act § 611 (a)(5)(A) [15 U.S.C. § 1681i], should your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. It would be advisable that you assure that your records are in order before I am forced to take legal action. 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. Very truly yours, Lostboy38 P.S. Ms. Wyman, 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. Failure to supply a signed copy within 10 days will be taken to mean that this is a JDB chasers illegal means of threatening an innocent consumer. Any advice?
  19. Whew, yes the Affidavit was untimely, signed in 2010 and served in 2013, I think I'm safe.
  20. http://scocal.stanford.edu/opinion/lohman-v-lohman-25896 the link to lohman v lohman. I fail to see what this has to do for or against your case.
  21. I found this in Lohman v Lohman, it's confusing, but it does say something about weak statements. [4] Upon the issue of due diligence, the appellant relies upon certain conversations which she claims to have had with her former husband and other matters assertedly occurring before his death. Assuming that section 1880(3) of the Code of Civil Procedure, which limits the testimony of a party to an action or proceeding brought against an executor, does not make those statements in her affidavit inadmissible, they constitute the weakest and most unsatisfactory of all kinds of evidence. (Estate of Emerson, 175 Cal. 724 [167 P. 149]; Corison v. Williams, 58 Cal.App. 282 [208 P. 331].) As against that affidavit, the counter-showing of the executrix cast doubt upon practically every material fact asserted by the appellant, and her claims in regard to the installment due in 1932 are directly at variance with the letter written by Mr. Lohman upon which she relies. [5] Moreover, a trial judge is not required to accept as true the sworn testimony of a witness, even in the absence of evidence directly contradicting it, and this rule applies to an affidavit. (Berg v. Journeymen Plumbers etc. Union, 5 Cal.App.2d 582 [42 P.2d 1091].) All you need is stronger evidence. And this is from California, what's up with that?