Lostboy38

Members
  • Content Count

    192
  • Joined

  • Last visited

Everything posted by Lostboy38

  1. The Atty sited MCR 2.312( provides that you may not give lack of information or knowledge as a reason for failure to admit or deny unless you have made reasonable inquiry.
  2. I think I should reply that. 1. Deny, I never entered into an account with BofA. 2. The Defendant has no idea what the overdue balance of this alleged account may be as the Defendant has never seen any documentation associated with this account other than the unsubstantiated documents provided by the Stillman Law Office The Defendant has never received any billing statements from Bank of America as the Defendant has never had an account with Bank of America There is no supporting affidavit with these statements, therefore it is hearsay 3. The Defendant has no idea what the overdue balance of this alleged account may be as the Defendant has never seen any documentation associated with this account other than the unsubstantiated documents provided by the Stillman Law Offices. The Defendant has never received any billing statements from Bank of America as the Defendant has never had an account with Bank of America. There is no supporting affidavit with these statements, therefore it is hearsay 4. Admit, I do live here.
  3. They sent me 4 Admissions. 1. Please admit that you entered into a contract for a credit card (Original Account #:#####) with Plaintiff's assignor and made purchases with the account as evidenced by the Account Statements attached hereto Exhibit "A". There are only 4 monthly statements attached. 3/08, 4/08,10/08 & 11/08. 2. Please admit the amount of the debt owed is the principal sum of $5982.12 for the overdue balance. This is the balance of the Charge-off amount on the last statement. 3. Please admit that there was a valid assignment of debt from Bank of America to Midland Funding, LLC as evidenced by the chain of title documents attached hereto as Exhibit "B". They attached a "Bill of Sale and Assignment of Loans" signed by someone from FIA Card Services, N.A. They attached a printout of my personal information supposedly from the data the bought. 4. Please admit that you have used or currently use the address (Addy). This is the only one I can admit to, I think. Please keep in mind, this is not my account, my Identity was stolen back in 2007.
  4. Oh boy, round two. I received Stillman's First Request for Admissions. They are wanting me to admit to owing this debt, this is not my debt so I am denying it in it's entirety. But the next statement they want me to admit to is the amount, they have sent copies of billing statements as exhibit A, but how do I know it these are true? The third is an admission that there was an assignment of debt made by BofA to Midland Funding, how do I know if this is true, the sent as exhibit B a signed document stating this, but how do I know it contained this account, no information was provided with it. And now they didn't even send the Affidavit with it. How should I proceed? Deny, deny, deny or admit to the documents they provided? Please help.
  5. This is a copy of my Discovery questions, how bad have I screwed it up? Defendant Addy City, MI Zip November 20, 2013 80th District Court 225 W. Main Harrison, MI 48625 Michael R Stillman (P42765) Jay Lazar (P69480) 30057 Orchard Lake Road Suite 200 Farmington Hills, MI 48334 (248)-851-6000 RE: Case No. 13-9979-GC Midland Funding LLC (MF)/Stillman Law Office (SLO) v Defendant (Defendant) Request for Discovery Information To Whom It May Concern: In accordance with the Pre-Trial Conference Summary, issued by District Judge Joshua M. Farrell, I am requesting the following documentation via Attorney Michael R. Stillman (P42765 1. Proper Chain of Title of Debt a. Proof of assignment from BoA to MF. b. Any signed documentation showing the debt has been sold or assigned from BoA to MF requiring all future payments be made to MF. c. The Chain of Custody paperwork showing any and all Collection Agencies “assigned” to collect on this alleged debt. 2. Proof of debt: a. Signed contract by the Defendant b. Signed receipts by the Defendant c. Copy of canceled checks signed by the Defendant 3. Validation of debt a. Agreement with BoA that authorizes MF to collect on this alleged debt. b. Agreement that bears signature of the Defendant where he promises to pay the original creditor. 4. Verification of debt a. Complete payment history on this account, to prove that the amount you wish to collect is accurate. b. Complete charge history on this account, to prove that the amount you wish to collect is accurate. c. Complete interest/fee history on this account, to prove that the amount you wish to collect is accurate. 5. Affidavit of Paula Fruth a. “Legal Specialist i. What is a legal specialist? ii. What documentation/proof does she have proving/supporting this statement? iii. Is this documentation/proof legal in Michigan as well as Minnesota? b. Midland Credit Management, Inc. i. Who/What is Midland Credit Management, Inc. (MCM)? 1. What relationship does MCM have with MF? 2. What authorization does MCM have with this alleged debt? 3. What is the privacy policy of MCM? a. Is my personal information protected? b. How did MCM obtain Defendants personal information? c. Can any “legal specialist” access this information? ii. Please provide copies of all my personal information MCM has. c. Paula Fruth’s personal claims i. Paula Fruth claims to be a competent person. 1. Please provide copy of latest competency test for Ms Furth. ii. Paula Fruth claims to be over the age of eighteen years of age. 1. Please provide birth certificate, Drivers License or other form of age validation. iii. Paula Fruth claims to have “personal knowledge of those account records.” 1. Explain “personal knowledge”? a. Personal knowledge of documents supplied to her? b. Personal knowledge of all documents concerning this alleged account? c. How many account records are involved in this personal knowledge? d. How are these records maintained? 2. Account Records. Ms. Furth states, a. “Plaintiff is the current owner of, and/or successor to, …” i. What is this partial statement based on? ii. Please provide documentation proving this. b. “and was assigned all the rights, title and interest to defendants” account. i. How was this determined? 1. Please provide documentation proving this statement. ii. Is plaintiff the owner? 1. Please send copy of purchase agreement. iii. Is plaintiff the assignee? 1. Please send copy of original signed contract with clause "debtor agrees to be responsible for payment of this debt to creditor OR ITS ASSIGNS." iv. Paula Fruth claims to be “authorized to make this affidavit” 1. Authorized by whom? 2. Please supply this persons name and contact information. v. Paula Fruth claims, “MCM’s records show that the defendant(s) owed a balance of $5982.12 as of 2010-12-22.” 1. What MCM records? a. Where did MCM get the records? i. Is there an agreement of any kind with MCM and the supplier of the records? ii. Please supply a copy of this agreement, if any. iii. Please supply all chain of custody documentation for these records. d. As for the “Affidavit” its self. i. Why was a portion of the first page “LEFT BLANK INTENTIONALLY”? 1. Was there something there that was covered up or removed? 2. Why did Ms. Fruth fail to initial or sign next to this statement? ii. Why, at the top of the first page, does it states “State of MICHIGAN” and on the second page it states “STATE OF MINNESOTA”? 1. Is this a Michigan document or a Minnesota document? 2. Are these two pages from two separate documents? e. I would like to request the presence of Paula Furth at trial to answer some of these questions. f. I would like to request the presence of the Notary Public, Cassandra Kay Holmquist at trial. 6. Bank of America information a. Original contract signed by Defendant with BoA. b. All billing statements for this account with BoA. c. All records of contact or attempted contact with Defendant by BoA. i. Copies of all letters ii. Copies of telephone records, both attempted and answered. iii. List of telephone numbers used to attempt contact with Defendant. 7. Midland Funding, LLC information a. Original contract signed by Defendant with MF. b. All billing statements for this account with MF. c. All records of contact or attempted contact with Defendant by MF. i. Copies of all letters ii. Copies of telephone records, both attempted and answered. iii. List of telephone numbers used to attempt contact with Defendant. I reserve the right for further discovery after this current discovery information is provided. Defendant File 80th District Court
  6. The SOL runs out on Mar 10, 2014 which brings me to another question: If this complaint runs past that date, can I use the SOL defense or do I have to wait for the Judges decision?
  7. Is this any better? Double spacing and 12pt font used. STATE OF MICHIGAN IN THE ##TH JUDICIAL DISTRICT COURT Midland Funding, LLC, Assignee of Bank of America Plaintiff, v Case No. 13-####-GC Honorable Judge Joshua M. Farrell Lostboy38, Defendant. ____________________________________________________________________________/ Stillman Law Office Michael R. Stillman (P42765) 30057 Orchard Lake Road Suite 200 Farmington Hills, MI 48334 (248) 851-6000 Lostboy38 Defendant, Pro per Addy City, MI Zip (###) ###-#### ____________________________________________________________________________/ Now comes Lostboy38, Defendant in self representation denies and responds to the Plaintiff allegations as follows. The Defendant denies this allegation in its entirety. I have no idea of this account, have never saw any documentation about this account and have never “accepted Same.” No documentation has been presented providing responsibility, ownership or title to this account. The Defendant denies this allegation in its entirety. As I have never had an account with Plaintiff, no performance was possibly completed. As I have never had an account with Plaintiff, no agreement to pay account was ever made. No proof of “Performance has been completed” has been produced proving this Complaint. No proof of “defendant agreed to pay the account” has been produced proving this Complaint. As I have never had an account with Plaintiff, the presently “due and owing” amount is not possible and no validated proof has been given supporting this Complaint. As I have never had an account with Plaintiff, the judgment amount requested has not been validated by any legal manner. No signed contract has been produced stating whether or not interest, costs and attorney fees are to be paid. The Defendant denies this allegation in its entirety. The Defendant denies this allegation in its entirety.The Defendant asks this court to dismiss this case in its entirety with prejudice. Respectfully Submitted, Lostboy38 Defendant Pro per Proof of Serivce On this day of November 23, 2013, I Lostboy38 mailed by First Class US Postal Service a copy of the Defendant's Answer to: Michael R Stillman (P42765) Jay Lazar (P69480) 30057 Orchard Lake Road Suite 200 Farmington Hills, MI 48334 I declare the statements to be true to the best of my information, knowledge and belief. ___________________________________________ Lostboy38 Defendant, Pro per Dated: November 23, 2013
  8. Yes, there is an Affidavit for BofA, Dated November 1, 2010 for the Bill of Sale. There is a "billing" from MCM claiming they own this account, dated 12-4-2010 There is a "Certificate of conformity for Notary (Notary Name)" (Delaware BTW) who notarized the Affidavit from BofA for Bill of Sale. There are two printouts with account num, name, my addy,etc. etc. (just a sheet of paper, nothing official on it. There are 2 copies of a March 2008 statement, 2 copies of an April 2008 statement, 3 copies of an October 2008 statement and 1 copy of a November 2008 statement. And a proof of service from Stillman.
  9. Their atty's did send me a Discovery package with a Bill of Sale and Assignment of loans. it is for a bulk sale with no accounts listed on it.
  10. Yes they replied to my letters, one they stated they needed more time to get the proof of debt and the second letter was copies of monthly statements. The only other papers were from a "Legal Specialist" stating she knows the account. State of Michigan MF LLC v Lostboy38 Affidavit of Named Named, whose business address is Addy, St. Cloud, MN 56303, certifies and says: 1. I am employed as a Legal Specialist and have access to pertinent account records for MCM, Inc. ("MCM"), servicer of this account on behalf of plaintiff. I am a competent person over eighteen years of age, and make the statements herein based upon personal knowledge of those account records maintained on plaintiff's behalf. Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and was assigned all the rights, title and interest to defendant's BoA account (Account #) (MCM Number ###) (hereinafter "the account"). I have access to and have reviewed the records pertaining to the account and am authorized to make this affidavit on the plaintiff's behalf. 2. MCM's records show that the defendant(s) owed a balance of $5982.12 as of 2010-12-22. Stamp stating "LEFT BLANK INTENTIONALLY" at bottom of page. Page 2 I certify under penalty of perjury that the forgoing statements are true and correct. (Stamped Date) Jun 07 2013 Name and signature of Named State of Minnesota County of Stearns Signed and sworn to (or affirmed) before me on (stamped date) by Named. Notary Public
  11. This is the updated pleading I would like to send now. Defendant Adderess City, MI Zip November 23, 2013 Judicial Court Court Addy City, MI Zip Attny Name Attny Name Attny Addy Farmington Hills, MI 48334 Attny Phone RE: Case No. 13-####-GC Amended Pleading #2 To Whom It May Concern: In response Summons and Complaint issued by Bank of America assignor to Midland Funding LLC via Attny Name, Received September 18, 2013. Complaint 1. Deny I have no idea of this account and have never “accepted Same.” Complaint 2. Deny As I have never had an account with Plaintiff, no performance was possibly completed. As I have never had an account with Plaintiff, no agreement to pay account was ever made. Complaint 3. Deny As I have never had an account with Plaintiff, the presently “due and owing” amount is not possible and no validated proof has been given. Complaint 4 Deny The judgment amount requested has not been validated by any legal manner. No signed contract has been produced stating whether or not interest, costs and attorney fees are to be paid. As to the accompanying document received with the Summons and Complaint: “Affidavit of Named” This affidavit should be stricken from the record as being unsubstantiated and should not be considered as PRima Facie. The affidavit is dated June 07, 2013, well past the 10 day limit given in MCL 600.2145, Spiek v. Michigan Dep’t of Transportation, 456 Mich 331, 337; 572 NW2d 201 (1998). And to mention, the date stamp used on the “Affidavit of Paula Fruth” is made with a stamp and not written by hand, brining into question as to whether or not the signature and the date were done on the same day. To the best of my knowledge, this is not my account. I have no recollection of this account. There is a possibility of Identity Theft connected to this account. Therefore: the Defendant requests a dismissal of this Complaint due to lack of evidence, improper evidence and failure to provide necessary proof of ownership of alleged account. I have no account with Bank of America or Midland Funding as I stated in previous letters to Atty. Name. I have received no documentation proving or disproving this account even though this information has been requested from Atty. Name’s office in late 2011. Sincerely yours: Lostboy38
  12. My 2nd pleading. Lostboy38 Town, MI Zip November 19, 2013 Judicial Court Court Addy Town, MI Atty 1 Atty 2 Atty Addy Farmington Hills, MI 48334 Atty Phone RE: Case No. 13-####-GC Amended Pleading To Whom It May Concern: In response Summons and Complaint issued by Bank of America assignor to Midland Funding LLC via Attorney Received September 18, 2013. To the best of my knowledge, this is not my account. I have no recollection of this account. There is a possibility of Identity Theft connected to this account. I have no account with Bank of America or Midland Funding as I stated in previous letters to Atty. . I have received no documentation proving or disproving this account even though this information was requested from Atty office in late 2011. Therefore, as I have no recollection or records of this account and no proof has been submitted to me, either by Midland Funding, LLC or the Atty Law Offices, I categorically Deny all Complaints submitted in Case No.: 13-9979-GC Midland Funding, LLC/Atty Law Office v Lostboy38. Sincerely yours: Lostboy38
  13. My amended pleading was mailed on 11-##-13. Complaint Now comes Plaintiff, MF LLC assignee of BoA by and through its attorneys, Atty Name, and for its Complaint against the Defendant, states as follows: 1. That the Defendant herein is indebted upon open account or pursuant to the contract, and defendant accepted same. (Orig Account #) 2. Performance has been completed and defendant agreed to pay the account. 3 There is presently due and owing, over and above all legal counter claims, the sum of $5982.12 4. Plaintiff requests judgment for $6000.00, plus interest, costs and attorney fees. I declare the statements above are true to the best of my information, knowledge and belief. Respectfully submitted, Atty Law Office There are 11 lawyers names listed and only one is checked. There is an Affidavit sent along with it, but it was signed in, 2013 by someone working at the JDBs office.
  14. I am being sued by a lawyer for a JDB and have a few questions. On the Summary of the Pre-Trial Conference, the Judge marked that I have an additional 21 days to Amend my pleading. (I think he did this because I messed the first one up so bad.) Unfortunately, I sent in a second pleading, a little better than the first but still lacking, (after reading here, greatly lacking), my question is, can I file another pleading to replace the 2nd pleading? I still have til the 28th of Nov before the 21 days are over. Can someone give advice? Thanks, Lost