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JDB in 32A District

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  1. Please help me... Not sure how to proceed with the opposing MSD and if I shoud amed answers to their MSD prior to next hearing, Thanks!!
  2. In addition to the above referenced matter posted by me...Doc filed. 1. Please admit that you entered into a contract for a credit card with *********** DENY 2. Please admit that ****** or it’s assignor opened a credit card account in {your name bearing account number ********** DENY 3. Please admit that you made transactions, made balance transfers, pr took cash advances on said credit card account. DENY 4. Please admit that you received some or all of the balance statements relating to the subject account. DENY 5. Please admit that you made some payments on the account. DENY 6. Please admit that you did not pay the balance due as required on the final Balance Statement. ADMIT PARTIALLY. I did not pay the balance due as ‘required’ on the final Balance Statement because the credit issued was not issued to me. 7. Please admit that the Credit Card Agreement required you to make monthly payments on your balance. DENY 8. Please admit that you did not make minimum monthly payments on this account. ADMIT. The credit was not issued to me. 9. Please admit that failure to pay the minimum monthly payment is considered default of the Credit Card Agreement. ADMIT. The credit card statement included in the Plaintiff’s Responses to Defendant’s Discovery states this on page 3 of the Generic credit card “Agreement to Terms and Definitions” under Plaintiff’s Exhibit 1, page 3; however I was not the person that defaulted. The credit was not issued to me. 10. Please admit that ******* is entitled to demand the entire amount due upon default of the Agreement ADMIT. The credit card statement, included in the Plaintiff’s Responses to Defendant’s Discovert states this on page 9 of the Generic credit card “Account renewal, closure and termination” sub heading “default,” however, I was not the person that defaulted because the credit was not issued to me. 11. Please admit that you have failed, refused or neglected to pay the unpaid balance to *******. DENY. Failure to pay denotes an attempt to have ever paid it. The credit card balance was not mine; therefore I have not paid it. 12. Please admit that no payments were made to Plaintiff or Plaintiff’s attorney by you or anyone representing you. ADMIT. 13. Please admit that due to your failure to make monthly payments, there is a balance due and owing to ******* in the amount of $***** DENY. I have not failed to make monthly payments failure denotes an attempt was made. I never attempted to make payments because the credit was not issued to me. RESPONSES TO INTERROGATORIES 1. Please state full legal name, SS#, DOB, address, Phone, place of employment, address of employment, phone of place of employment, and position held at place of employment, ANSWER: {I OBLIGED } 2. Please explain with particularity the factual basis upon which you rely in your Answer that you are not liable for the entire unpaid balance on the subject contract. ANSWER: The credit was never issued to me. I am not liable for the entire unpaid balance. I have filed a proper police report reporting fraudulent use. Please see attached. 3. Please explain with particularity the legal basis, including any and all citations of law, upon which you rely in your Answer that you are not liable for the entire unpaid balance on the subject account. ANSWER: According to MCR 2.116 © (2) (4) (5) (10) 4. Please state whether or not you mad any transactions with the subject card, made any balance transfers or used the card in any way. Include dates and amounts of the transactions. ANSWER: No transactions were made by me with the credit card. 5. Please state the number of payments you made on the account (or payments made on your behalf) and include the dates and amounts of said payments. Attach evidence of payment, which supports your statements made herein. ANSWER: No payments were made by me to the credit issuer. I have no evidence of payment nor statements available to attach. 6. Please state your reasons for stopping payment on this account ANSWER: Payment was not stopped as payments were not made by me. 7. Please state whether ******* contacted you by telephone, or written correspondence,r regarding your failure to maintain the monthly payments and identify the nature of the correspondence and summary of the contact. ANSWER: HSBC CARD SERVICES (III) did not contact me. 8. Please state whether you contacted ******* by telephone, or written correspondence, regarding your failure to maintain the monthly payments and identify the nature of the correspondence, including date(s) and names with whom you had correspondence and summary of the contact. ANSWER: I did not contact HSBC CARD SERVICES (III) regarding failure to maintain monthly payments. 9. Please list each address where you have resided since you executed the subject contract, and identify the time period in which you resided at each address listed. ANSWER: I did not execute the “said” contract. My address for the past 5 years has been: *********** 10. Please identify each witness you intend to call at trial, provide the following information or each named individual, and state generally what you expect the nature of the witness’s testimony to be: (a) *******, ( ******** © ******** ANSWER: My ***** can attest to the debt not being mine and the fact that I didn’t live there during that time. 11. Regarding your answer filed in this matter: please explain in your own words the circumstances of the agreement that you claim was reached with Plaintiff in settlement of this matter. In your answer please provide the names of parties spoken to, the dates, and the terms of the agreement. ANSWER: I did not make an agreement with Plaintiff in settlement of this matter. 12. Regarding the answer that you filed in this matter: please explain in your own words why you believe that Plaintiff has not complied with the terms and conditions of this credit card agreement. ANSWER: Plaintiff is attempting to sue me for credit that I was not issued. DOCUMENTS TO PRODUCE 1. Please attach each and every document in your possession and/or control or in the possession and/or control of any anticipated witness which supports the statements made in your Answer to the Plaintiff’s complaint or Answers to these Admissions or Interrogatories herein: ANSWER: Police report #******* {Attached as Exhibit 2} 2. Please produce copies of any and all written correspondence, letters or notes prepared by and/or kept by you regarding the subject contract or credit card account, contacts with any person regarding this account, payment of account or any other matter relative to the contract and collection of the same. ANSWER: There are no such letters in my possession. 3. Please attach copies of any and all payment receipts, check stubs, or other documents relating to the payment of all or part of the balance due on this account. ANSWER: There are no such documents in my possession. 4. Please attach a copy of any and all exhibits you plan to use at trial. ANSWER: Police Report #******** {Attached as Exhibit 2} 5. Please provide copies of any and all billing statements in your possession in reference t o the account in question. ANSWER: There are no such letters in my possession.
  3. This certainly is a lot to digest. I meed help as I am being sued by Portfoio Recovery Associates in Michigan as well. We are at the step of Summary Disposition going up in front of the judge for the 4th time. I have made many many mistakes but I am hanging in there. Please help me. This is going to be a long post but I will go back as far as I can to bring everyone up to speed. Plaintiff filed initial Summons and Complaint around 6/23/13 I answered on 8/21/13 (It was within the proper timing so I may have their date of initial filing incorrect) I answered with a vague document that the court included in my "package" I did NOT include an affidavit I just denied each line item, We went to court in October on initial Summons and Complaint. Immediately, they filed a Motion for Summary Disposition MSD. I amended my answers to the Summons and Complaint and answered their MSD and still did not include an Affidavit. Trial was scheduled for January meanwhile, We went to court on the MSD in November. At November's date, the MSD was adjourned for December and I amended my answers to the MSD- at this point, I still hadn't filed a valid affidavit; I had a general denial letter with my signature. I also had not filed an opposing MSD. We went to court again in December and it was adjourned to January. Keep in mind, I still didn't have a legal afidavit, but I had spent several hours in a library pouring over legal cases and documents and thought I was prepared to win my case. I had mailed letters to all the credit agency and the initial credit card holder asking them to produce documents i.e. original signed credit application, original signed purchase receipts, original signed contract, all detailed account statements and phone number authorizing use of credit card and included that letter as an exhibit. I had amended my answers to their MSD again and I was ready to argue. The judge told me I was missing some things and I needed to consult a lawyer and come back. I did, yet he wasn't quite as helpful as this site has been in 10 short minutes. The judge also told e that I had better answer their Discovery requests-that I did not receive- by a certain date and I Have done that already. Not certain if I answered them properly. I can email my answers to the party that is willing to help me. Please take a look at my latest filings below and provide some information and insight on these 3 things: -How to file an opposing MSD? What is the format and what must I argue/prove? -How to file a 2nd set of Discovery requests including documents to produce, interrogatorries and documents to produce? Is it too late to file a 2nd set of discovery requests as the judge gave us 90 days and those 90 days were up at end of January? -Do I need to Subpoena the documents they are not providing that I asked for in my initial discovery request? Below please find my most recent filing, it is my responses to Plaintiff's First set of Discovery requests and Legal Affidavit of Denial- I also included 3 exhibits, 1- letter I mailed to Plaintiff, Their attorney plus the alleged creditors, A police Report of Fraudulant use of Credit and a letter from their client stating that they have proved their claim that I owe the debt by providing 1 measly summarized credit card statement. Please refer to following post for complete paste:
  4. This is the 4th time the judeg is hearing the JDB summary disposition. I am a complete novice. I want help defending myself. I need to submit an amendment by tomorrow to be within the 7 days of judge hearing the motion. I will type Plaintiff's motion for Summary disposition here: 1. On or about Nov 2002, Defendent entered into a Contract with Plaintiff's assignor whereby Plaintiff's assignor provided certain credit to Defendent based upon Defendent's promise to pay for same and more specifically described as account number *************. (see exhibit 1) 2. Based on the above, Plaintiff's assignor did ptovide the credit, which Defendent did receive. 3. Thereafter, Plaintiff's assignor sent monthly invoices to Defendent for the credit extended and Defendent made payments, or partial payments, thereof. 4. Prior to June 21, 2008, Defendent breached the Contract for the credit extended with Plaintiff's assignor by failing to properly remit payments to Plaintiff's assignor based on the monthly invoices (See Exhibit 1). 5. The account and underlying debt subsequently assigned to Plaintiff. (See Exhibit 3). 6. Plaintiff filed its Complaint on or about June 28, 2013, in order to recover the sums due and owing from Defendent under the terms of the Contract. 7. Defendent fi;ed an Answer, denying owing Plaintiff for the credit extended. 8. Pursuant to MCR 2.116©(9), Defendent has failed to state a valid defense to Plaintiff's cause of action. 9. Pursuant to MCR 2.116©(10), there is no genuine issue as to any material fact, and Plaintiff is entitled to Judgment by law. _______________________________________________________________________________________________________ I am prepared to send my answer to the summons and Complaint to whomever is willing to help me on this forum via inbox as well as my responses to their Motion for Summary Disposition, which I can paste here. I am in the process of amending those answers by tomorrow morning based on Case Laws: 1. Lack of Capacity to Sue 2. Mistake 3. Insufficient Personal Guaranty 4. FACTA "prevents victim of Identity theft including a prohibition of collection of debts incurred." As well, I have read threads from bcm100 which states that if a proper bill of sale and notorized copy of the assignment wasn't included in the filing, I should have the case immediately dismissed. ________________________________________________________________________________________________________ Trust me, time is of the essence and I will do as I am told. I have had phone conversation with the JDB as well as tried to settle with them via phone. Those calls were recorded. "I NEVER ADMITTED TO HAVING THE DEBT nor RECEIVING ANY STATEMENTS. I did however impluicate that it may have been my mother or sister....because I truly believe this is the case- if the debt is true. My sister and mother denies ever having incurred the debt as well. I do not know exactly what to do. Please answer in as timely a fashion as possible. I was hoping I could get help from bcm100. Thanks!
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