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Everything posted by MSWolverine

  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.
  16. I was wondering about that and would like some of my fellow Michiganders to weigh in on that. I mean is it even worth it?
  17. Yeah sorry, I should've cleared that up because I know in other states it's motion for summary judgement. Thank you though. I'd like to think so, I think the other judge would've let at least let me keep talking before automatically ruling. I loathe myself for pausing when I did. I just should've kept talking until I was done or the judge interrupted me. I especially hate the fact that even the rent a lawyer was expecting it to be denied. Me too. Thank you for your help and everyone's kind words. After I get over the wanting to throw up everytime I think about what happened, I guess I'm going to try and look at what can be done about my student loans. My county's website says that's uncollectible and it's really the money I have. I understand it doesn't mean they can't ever collect but ...I don't know what else to do unless anybody has any ideas.
  18. My understanding was there was no more case left to fight unless I fight the judgement.
  19. The msd hearing was today. I failed. I got to the courthouse and found out that the judge I was supposed to have was not going to be there and the other judge was going to oversee her cases for the next couple days. Sat there forever until the rent a lawyer showed up pretty late, we went out in the hall and he told me he was never sent the opp msd nor did he know about the discovery I sent so I showed him my copy of. He looked at it, shook his head (even mumbled "idiots" at one point when looking at plaintiffs stuff they sent him ) and then said that the judge would probably deny the msd and it would go ahead to trial. He just truly didn't care and never even tried to approach talking settlement. Got back in the courtroom, waited a few minutes before the judge called us, the rent a lawyer said his piece and seemed to try make the affidavit attached to te complaint the focus so when it was my turn to talk. I told the judge I filed the opp and brief and I began to talk about the affidavit and that it was untimely because of how it was filed( even named the law by memory) and that he could not talk about records that were originated by Chase because he and that there was no bill of sale from Chase. I paused at that point and looked up at the judge and he basically said something to the effect of that he thought he could because of the affidavit and that the msd would be granted. That was it. Rent a lawyer disappeared out of thin air ( although my mom caught him giving another attorney behind him a surprised look). I am beyond sick right now, I keep going over and over what I did wrong. I want to thank you all for the help you've given me. I'm sorry I failed in the end because you all gave me such great stuff to work with. @Brotherskeeper in particular...let me tell you was more patient than anyone has a right to be with me and walked me through every step of getting that msd and discovery out the door. I will never be able to put into words how grateful I am for that.
  20. The hearing is scheduled for pretty early in the morning on the docket but maybe they will save it for last.
  21. Oh I am definitely having a cheat sheet! Just for the sheer fact that I am horrible public speaker and without it, I'll likely blank. Thank you for the settlement advice!! I will take this into account. Is there a court form I need to get to prepare to ask them for dismissal without prejudice or do I just write it up? Omg about the rent a lawyer! See that's why I'm kinda hoping the same rent a lawyer from the pre-trial shows up. Was decent to me but SO unprepared and readily admitted it in front of the courtroom. I hope I'm lucky too but no I won't count on it. Thank you for the advice!! OOh thank you!! This will help. Agreed!! Thank you everybody for everything! Keep the advice coming if anyone can think of anything else.
  22. Ok the msd has been sent. Now with the hearing so close, I could really use everyone's input. What is this hearing going to be like? I imagine alot more goes into it than the pre-trial that was very short. What am I going to be expected to say/do? What do rent a lawyers tend to do here? What do I do if they try to submit any new documents at the MSD hearing like the bill of sale from Chase to Vion. Do I object? What are the grounds I'd give for the objection? I would also love advice on how to deal with settlement talks, as I've said the rent a lawyer last time never out and out asked me about settling or even gave me a number for it but the judge was shocked I didn't even want to discuss it. So in case it comes up this time, How do I deal? If there is anything you all think I need to know/be prepared for but haven't asked, please let me know. Thank you!
  23. I already have it in a file folder ready to go ( in fact it went with me to the pre-trial). Can't I also say I filed it with the court? Because I did file and send it on the same day. QUESTION THOUGH: Since you bring up the hearing. I would really love some tips on what to expect,what I need to say/do. Writing I can get through, it's the speaking part that is really difficult for me as well as terrifying ( public has always been an issue for me). I'm just assuming more goes into this hearing than the pre-trial ( which was over in like 5 minutes if that). I would also love some input on settlement talk. Now the rent a lawyer at the pre-trial put practically no effort into trying to talk me into a settlement ( other than saying something like "do you intend to go forward with this?" ) But if there is a new rent a lawyer or the same one at the pre-trial does make more of an attempt this time, what are some tips you guys can give me? Other than be polite and say no? Okay, well I never got the envelope back. I think I will make sure to submit the counter affidavit as an exhibit though,especially with there never being an objection made to it. Okay. So should I still go with addressing the counter affidavit in the opposition or not?
  24. All correct. I mailed the answer and affidavit separately. Actually in the MSD, they don't make any mention of an affidavit. I will look again to make sure but how I read it is that they acted like the counter affidavit didn't exist at all.
  25. THANK YOU! This will help me a ton. Case headings are a huge frustration for me.