MSWolverine

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About MSWolverine

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    Michigan

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  1. Thank you very much for the advice, I didn't know all that about bank closings. I'll see what I can find. Yeah my first case was a ...nightmare( although I got great support and help on here) and took so much out of me, I can't do that again.
  2. Yeah I certainly can't afford to borrow any trouble, if it's best to hold off I will do it. I just thought I had to get something done quick to avoid anything worse happening.
  3. The bank has been closed. I understand what you're saying about the credit reports though. Do I have any other options to nip this in the bud before a lawsuit even gets brought up? I just cannot deal with going through that again. I was hoping to just send out a C&D because I am seriously positive there is a SOL issue here but I don't want to do that without anything else to back up the printed out credit report.
  4. Oh goodness.... Well I found something that is hopefully helpful.... I printed out one of the credit reports ( because you get the 3 for free once a year) when I was having my last nightmare in January of this year. I just found it among my papers and this one says the account was considered 30 days past due as of May 2008; which is what I was positive the date was. I mean is it crazy that the one credit report I print out on paper has the date I originally thought the SOL would expire and the credit reports I found on the computer say something different? It seems to go along with what @WhoCares1000 was saying. I believe the account was still current from what I am finding.
  5. Oh well that might explain me being confused on the date. The thing is I don't have any way to get bank statements or anything though... I just do not believe that the SOL hasn't expired so I'll have to think of something so I can send a C&D as soon as possible. I did not know about the 1099C though so thank you very much for telling me about that. I'm researching that right now as I don't know very much about that.
  6. Well I looked at another credit report and by matching the account number on the papers sent to me, apparently the last payment date was 10/15/2008 ( I am seriously positive the last time I looked at the report there was an earlier date, but maybe I mistakenly was looking at the date reported or something or I just that much of an idiot). Now of course that makes sense why they waited to send me the papers but seeing as it's past the 15th, SOL is still up, so I do send the C&D or is that just not an option anymore?
  7. Okay, thank you SO MUCH! I'm going to go through my credit report again and double check the date ( although I'm 98% sure about the date) to be sure. If I do go ahead with a cease and desist ( which sounds like the best option right now because I just can't handle the whole court process again), is there a particular...format I should go with as far as what the letter says? Do I need to get it notarized?
  8. Hello Everyone, You all helped so much the last time I was having problems, I'm hoping you all can help me again with this question: In January of this year I received a letter from a law firm representing Midland about a debt. I sent them a debt verification letter in the allotted time I had and after receiving two letters in the beginning of March saying they had received my letter and basically they were trying to contact Midland for verification, I have heard nothing else from them. Just today I received a manila envelope in the mail from the law firm with papers they say verifies the debt ( I'm still going through them but there are no copies of original bill statements or anything). The thing is, when I got the original letter in January, I looked on my credit report to see if it was being reported and it said the last reported payment was May of 2008. Since it's now almost November, doesn't that mean the SOL is now up? Can they still come after me legally?
  9. Thank you. I'm sorry too. Yeah I've been told about seeing if I have any FDCPA violations so I think that's going to be my next step as appealing just seems to risky for someone of my skill level in defending a case. I've gotten the names of some good attorneys that hopefully will take a look. The evidence they attached to the motion I mentioned on the thread a page or so behind this. It was basically a PORTION of the chain of assignment ( no bill of sale from Chase) and copies of cc statements that showed no final demand for the money they sued for. Brotherskeeper is right in that the way they mailed, I had only a week to draft the msd before it was due to the court. The rent a lawyer seemed convinced when we talked in the hall that based on my arguments ( he read my copy of the msd) that the msd would be denied. Got in the courtroom where the Judge subbing for the Judge originally assigned to the case and when it got to my turn to argue, I built off the rent a lawyers main argument for the msd ( their affidavit) rather than going down my cheat sheet( which I should've) and when I paused, the judge basically said he thought their affidavit was ok, msd was granted. I was so stunned, I didn't think to say "Uh wait a minute, I wasn't done". I stand by all my paperwork, my less than stellar public speaking skills and a judge who I doubt had read the brief at all( I don't know how much notice was given about the other judge not being there) and who was just ready to move on I think ultimately my undoing.
  10. Possibly stupid question but can I ask how they can collect then if they are denied a judgement based on the SOL?
  11. I'll go back and look. I mean as much as I'm still FURIOUS about what happened, I just don't know if I could do an appeal on my own. District court just about drove me into the ground, I can't imagine what appeals court would be like. Oh I know. The thing my mom keeps bringing up is the look he gave the lawyer behind him when the judge ruled. Like he didn't expect it but "Hey cool" I honest;y can't decide if I'm more upset with the judge or myself for not going "Uh wait, I wasn't done".
  12. Thank you. The basis of an appeal...I guess would be that they the plaintiff did not prove their claims and that wasn't looked at. Obviously this would be worded differently in a appeal. Good question about a formal written ruling by the Judge, I'd like to know that myself.
  13. Okay..So do you guys think this is doable for a pro se defendant? Yeah I've thought about that. One of many reasons I didn't want this judgement.
  14. I seem to remember seeing something that says a judgement lasts like 10 years but I honestly can't be sure. I will look it up to be sure though. Will it always be the case I zero assets? I mean eventually after school I will work and I would like to get a house and car so I guess no it won't always be the case I have zero assets. No bill of sale from Chase. Bill of sale starts at Vion ( the first jdb that says they owned this alleged account). There is also the fact that the affidavit they attached to the complaint was signed 10/8/13 with an "account statement" dated 10/15/13...@Brotherskeeper pointed this out to me: How could the affiant sign off on an account statement that wasn't even created until a week after he signed the affidavit? Not to mention according to 600.2145 here, the affidavit has to be signed within 10 days of the suit being filed...they filed suit November 6th. All stuff the Judge wanted to ignore. This is why I want to appeal, I just don't know how to start or if it's even worth it in the long run.
  15. Like I said above, according to my county website I am what they call "uncollectible" because of my student loans. I have ZERO ASSETS and money other than my student loans. I will look into protecting that but I would also love to know more about appealing because there are several issues that made it wrong for the msd to go through ( and obviously the rent a lawyer thought the same thing) but the Judge never let me make those points and I seriously doubt the judge even read my opposition papers.