justiceforall3

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Everything posted by justiceforall3

  1. So after waiting a couple weeks for the attorneys to decide, I was informed today that they are now dismissing the case WITH prejudice!!! I wanted to again thank everyone for their help - especially @Brotherskeeper and @bmc100 - I couldn't have done it without your help!
  2. I received the Plaintiff's stipulation to DISMISS! Unfortunately it is only without prejudice. I feel after this much work I should deserve a dismissal with prejudice. Do I sign? Do I even have another option?
  3. I did talk to him briefly afterwards and he gave me his personal contact information. He seemed too nice, so much that I immediately thought something was strange. I don't trust LVNV and especially their attorneys up to this point, especially the way they sneak around trying to parade their are complying to the court when in reality it is the exact opposite. That is why I made sure to take my 5-10 minutes and hammer down some more points with the Judge. My only relief truly was the Judge and his stance on the whole thing - he finally made some points on my behalf like the statements not showing any purchase transactions, and that the Plaintiff if they were to proceed still had a ton of explaining to do.
  4. So the Judge excused himself right before my case for a 10 minute break. Counsel for the Plaintiff (another new guy I hadn't seen before) was extremely delightful to speak with, and said that he read my entire file and said that I had put up a really good defense. When we got in front of the Judge, Plaintiff admitted that I have denied the account in every answer and affidavit, and agreed that he didn't want this to go to trial (assuming I would win the MSJ?), and asked to adjourn to discuss possibly dismissing the case with LVNV. I was shocked as the Judge hadn't yet even dismissed their motion. I still argued my case, to which the Judge said he will take it into account if and when the Plaintiff decides to move forward. He technically didn't dismiss the motion for summary disposition, but said that if for some reason Plaintiff decides to not dismiss, he will bring us back in 45 days to commence the hearing. This is so bizarre. I know I don't have much experience in law, but to postpone a motion judgment now twice seems very unreal. Anyway - I look at it as a win. Either they dismiss and I win. Or I get to again argue my points, to which the Judge acknowledged my information this time, so it appears he is leaning in my favor anyway.
  5. So I went to Court this morning to confirm everything that has been filed since the Aug 11 hearing. The Plaintiff has only filed a proof of service document indicating they responded to my Letter to Confer. They have not filed the actual excel spreadsheet, which they mailed to me in a different response, a supplemental response to my Discovery items. They didn't even bother filing a proof of service for that additional response. My question is can the Plaintiff argue documents or bring documents to the Judge that have not been filed with the court, but merely provided in Discovery? If the Judge asks me about it, I was going to argue that there is nothing to indicate that the excel spreadsheet is part of the portfolio that is referenced in the bill of sale. It is merely another hearsay document that could have been created in Excel. Its accuracy and the relationship to the unathenticated chain of title documents has not been verified by testimony of a competant witness.
  6. The excel spreadsheet they had in court didn't appear to have anything redacted or blacked out, but then I only saw it very briefly. They haven't filed anything with the Court showing what they provided to me. The Judge asked them to provide me assignment showing my exact account was assigned to them, he probably just assumed they had the information. The excel spreadsheet doesn't have the portfolio number on it, and my ssn/phone numbers have been blacked out.
  7. As far as I know, they didn't file anything new with the Court, other than the proof of service for their answer to my Letter to Confer, so no they didn't file their redacted excel file. I will confirm with the Court next week.
  8. So I did get another response from LVNV on Tuesday. It was a supplement to their original response to my discovery requests, not a supplement to their response to my letter to confer. They got it to me over a week late. Here is what it says: Pursuant to M.C.R. 2.302,2.309, and 2.310, Plaintiff, LVNV Funding LLC, hereby submits the following responses and objections to Defendant's Interrogatories and Requests for Production of Documents. 1. Please provide copies of all statements generated while this alleged account was opened with Plaintiff. ANSWER: Plaintiff attached to its initial response all statements generated by the original creditor currently in Plaintiff's possession, custody or control. See Exhibit A (the same statements as before) 2. Please provide the original copy of the account agreement that states interest rate, grace period, finance charge, assignment, and specifically the State Laws that the agreement and account are governed plus other important facts. ANSWER: Plaintiff does not currently have in its possession custody or control a copy of the original account agreement; however, Plaintiff refers Defendant to the account statements which indicate numerous terms of the account, including interest, as well as the balance due and owing. 3. Please provide a copy of the assignment between LVNV Funding LLC and Chase Bank for this alleged account. ANSWER: Plaintiff refers Defendant to the assignment documentation attached to its original responses. The assignment documentation provides the bills of sales between all assignees on the account as well as verification that the account at issue was included in the assignment to LVNV Funding LLC (EXHIBIT ***(They did include the redacted excel spreadsheet with the other documents previously submitted, with the SSN blacked out, however did not give me the Credit Card Purchase Agreement referenced in their Bill of Sale) They included a proof of service that they mailed it out on August 27th. Because I had already received their objections and responses to my Letter to Confer, I had filed my 3rd amended answer on Friday last week, along with an amended affidavit, as well as the supplemental affidavit (with their responses to my letter to confer). They of course don't abide by any deadlines or court rules. I am thinking of filing a motion to strike their affidavit and see if I can get it scheduled for the same date as the MSJ hearing (sept 23). I have found two other affidavits notarized by the same "Gayle Johnson" from South Carolina, with the same commission expiration date, and the signatures DON'T MATCH at all to the one I have. I was thinking to add them as exhibits in my motion to strike. Any thoughts on this, and if it would be appropriate?
  9. Yeah I felt weird about putting that info in my answer. I will edit. So if I understand correctly, I will have my 3rd amended answer, with my 2nd amended affidavit denying the Plaintiff's account stated, and then an additional affidavit as a supplement. It is starting to come together for me. I will try and post this all soon, as I would like to file by Friday with the long weekend coming up. And to answer your last question, no I didn't get anything from JDB yesterday in the mail.
  10. So it is ok if I mention documents submitted in Plaintiff's motion in my answer to their complaint? Any update on the supplemental affidavit? Here is another shot at the answer... THIRD AMENDED ANSWER TO COMPLAINT On August 11, 2014. at Plaintiff's motion hearing for summary disposition, this Honorable Court ordered Plaintiff to produce documents in response to Defendant's discovery requests by August 25, 2014. After such time, this Court gave leave for Defendant to amend his answer and affidavit. NOW COMES, Defendant Pro Se, Justiceforall3 and states unto this Honorable Court as follows: JURISDICTIONAL ALLEGATIONS 1. Answering paragraph 1, the Defendant denies the allegations contained therein. Plaintiff has not provided the documentation attached to the Complaint that the alleged agreement was duly assigned in the normal course of business to Plaintiff. Chain of Title exhibit A attached to Plaintiff's Motion for Summary Disposition also does not show assignment from Heritage First USA, nor are these records sworn copies or authenticated by testimony from a custodian or expert witness, and are therefore hearsay. Plaintiff has not provided assignment from Heritage First USA as requested by Defendant in discovery and more recently in Defendant's Letter to Confer. 2. Answering paragraph 2, the Defendant admits this allegation in its entirety. 3. Answering paragraph 3, the Defendant admits this allegation in its entirety. GENERAL ALLEGATIONS 4. Answering paragraph 4, the Defendant denies the allegations contained therein. Plaintiff's statement is conclusory and offered without attached admissible evidence of referenced “Agreement”. Defendant denies the alleged referenced “Agreement” is in his possession. The Plaintiff has not provided the alleged referenced "Agreement" as requested by Defendant in discovery and more recently in Defendant's Letter to Confer. 5. Answering paragraph 5 the Defendant denies the allegations contained therein. Plaintiff's statement is conclusory and offered without attached admissible evidence of referenced “Agreement”. Defendant denies the alleged referenced “Agreement” is in his possession. The Plaintiff has not provided the alleged referenced "Agreement" as requested by Defendant in discovery and more recently in Defendant's Letter to Confer. 6. Answering paragraph 6, the Defendant denies the allegations contained therein. Plaintiff's statement is conclusory and offered without attached admissible evidence of referenced “Agreement” and terms. Defendant denies the alleged referenced “Agreement” is in his possession. The Plaintiff has not provided the alleged referenced "Agreement" as requested by Defendant in discovery and more recently in Defendant's Letter to Confer. 7. Answering paragraph 7, the Defendant denies the allegations contained therein. Plaintiff's and Plaintiff's Affiant's conclusory statements are offered without the referenced business records attached to the Complaint or Affidavit. The Chase Bank billing statements attached as Exhibit B to Plaintiff's Motion for Summary Disposition do not show any purchase transactions and do not indicate a charge-off balance, nor a final payment due of $XXX. In addition, the statements are unsworn business records that have not been authenticated by testimony from a custodian or expert witness, and are hearsay. 8. Answering paragraph 8, the Defendant denies the allegations contained therein. Plaintiff's statement is conclusory and offered without attached admissible evidence of account, let alone any disputes. The Defendant denies that repeated demands have been made for payment. The Plaintiff has not provided the "Agreement" with its terms by which the alleged account can be deemed in default. 9. Answering paragraph 9, the Defendant denies the allegations contained therein. Defendant denies receiving any benefit from Plaintiff causing a loss to Plaintiff. COUNT I BREACH OF CONTRACT 10. Answering paragraph 10, the Defendant restates his answers to paragraphs 1 through 9 the same as if set forth herein word for word. 11. Answering paragraph 11, the Defendant denies the allegations contained therein. Plaintiff's statement is conclusory and offered without attached admissible evidence of account or referenced contract “Agreement” and its alleged terms. Defendant denies the alleged referenced “Agreement” is in his possession. The Plaintiff has not provided the alleged referenced "Agreement" as requested by Defendant in discovery and more recently in Defendant's Letter to Confer. COUNT II ACCOUNT STATED 12. Answering paragraph 12, Defendant restates his answers to paragraphs 1 through 11 the same as if set for therein word for word. 13. Answering paragraph 13, the Defendant denies the allegations contained therein. Plaintiff has not provided the documentation attached to the Complaint that the alleged agreement was duly assigned in the normal course of business to Plaintiff. 14. Answering paragraph 14, the Defendant denies the allegations contained therein. Plaintiff's and Plaintiff's Affiant's conclusory statements are offered without the referenced business records attached to the affidavit or complaint. AFFIRMATIVE DEFENSES Affirmative Defense I 15. Lack of standing. Plaintiff’s and Plaintiff’s Affiant's conclusory assertions are unsupported by required sworn business records referenced in the Complaint and Affidavit, to show the existence of a valid contract for the alleged account with Plaintiff’s assignor Heritage First USA, its transfer of all rights, title, and interests conveyed by an unbroken chain of assignment of intermediate assignees to Plaintiff, and Plaintiff's entitlement as assignee to seek the relief requested. Affirmative Defense II 16. Failure to state a claim. Absent evidentiary support of Plaintiff's standing as assignee of Heritage First USA, Plaintiff is not entitled to adjudicate its causes of action, and has failed to state a claim for which relief can be granted. WHEREFORE, the Defendant, Justiceforall, requests that his Honorable Court dismiss Plaintiff’s Complaint together with costs so wrongfully sustained. Dated August 29, 2014 Respectfully submitted, _______________________________ Justiceforall In Pro Per 123 My Street My City, Michigan 48XXX
  11. So I just confirmed with the court, the only thing filed since the hearing 2 weeks ago was Plaintiff's proof of service for their response and objections to my Letter to Confer. The court clerk said they don't issue written orders unless they were requested by a party through a motion, so that's why there is no documented order from the Judge for the production of documents.
  12. The declaration of account transfer was not notarized or sworn in at all. I did not receive anything from the court showing that the Judge actually ordered them to comply (in writing), I will check tomorrow with the clerk to see if anything was filed. I have the letter envelope date stamped for Aug 14th.
  13. DEFENDANT'S SECOND AMMENDED AFFIDAVIT DENYING PLAINTIFF'S ACCOUNT STATED CLAIM NOW COMES Defendant in Pro Per, Justiceforall3, whose residence is 123 My Street, My Street, MI 48XXX, certifies and says the following: 1. I am a resident of the State of Michigan, Oakland County, and I am a competent person over 18 years of age. This affidavit is voluntarily made on my personal knowledge and, if sworn as a witness, I can testify competently to the facts in this affidavit. 2. I deny opening an account with the Plaintiff or its alleged assignor. 3. I deny that I am in possession of the "Agreement" alleged in Plaintiff's Complaint at paragraph 4. 4. I deny receiving statements from the Plaintiff or its alleged assignor prior to this suit. 5. I deny receiving repeated demands for payment from the Plaintiff or its alleged assignor prior to this suit. 6. I deny making payments to the Plaintiff or its alleged assignor. 7. I deny that there have been any transactions or course of dealing between Plaintiff or its alleged assignor and me. 8. I deny I am justly indebted to Plaintiff in the amount of $XXX. 9. On July 28th, with email consent previously established with Plaintiff, I emailed a Letter to Confer to Plaintiff. A correct and true copy of this letter is attached as Exhibit 1. 10. On August 11th, at Plaintiff's motion hearing for summary disposition, this Honorable Court ordered Plaintiff to produce all documents requested in my Letter to Confer by August 25th, and also granted leave for me to amend my answer. 11. On August 13th, Plaintiff responded and objected to my Letter to Confer requests. A correct and true copy of Plaintiff's response and objections is attached as Exhibit 2. 12. As of August 25th, I have not received any of the documents requested in my Letter to Confer. I certify under penalty of perjury that the foregoing statements are true and correct. Dated: August ___, 2014 _________________________ Justiceforall3 STATE OF MICHIGAN COUNTY OF OAKLAND Signed and sworn to (or affirmed) before me on:____________ My commission expires on:___________ Signature______________________________________________
  14. First run at my 3rd amended answer and affidavit... THIRD AMENDED ANSWER TO COMPLAINT On August 11, 2014. at Plaintiff's motion hearing for summary disposition, this Honorable Court ordered Plaintiff to produce documents in response to Defendant's discovery requests by August 25, 2014. After such time, this Court gave leave for Defendant to amend his answer and affidavit. NOW COMES, Defendant Pro Se, Justiceforall3 and states unto this Honorable Court as follows: JURISDICTIONAL ALLEGATIONS 1. Answering paragraph 1, the Defendant denies the allegations contained therein. Plaintiff has not provided the documentation attached to the Complaint that the alleged agreement was duly assigned in the normal course of business to Plaintiff. 2. Answering paragraph 2, the Defendant admits this allegation in its entirety. 3. Answering paragraph 3, the Defendant admits this allegation in its entirety. GENERAL ALLEGATIONS 4. Answering paragraph 4, the Defendant denies the allegations contained therein. Plaintiff's statement is conclusory and offered without attached admissible evidence of referenced “Agreement”. Defendant denies the alleged referenced “Agreement” is in his possession. 5. Answering paragraph 5 the Defendant denies the allegations contained therein. Plaintiff's statement is conclusory and offered without attached admissible evidence of referenced “Agreement”. 6. Answering paragraph 6, the Defendant denies the allegations contained therein. Plaintiff's statement is conclusory and offered without attached admissible evidence of referenced “Agreement” and terms. 7. Answering paragraph 7, the Defendant denies the allegations contained therein. Plaintiff's and Plaintiff's Affiant's conclusory statements are offered without the referenced business records attached to the affidavit or complaint. 8. Answering paragraph 8, the Defendant denies the allegations contained therein. Plaintiff's statement is conclusory and offered without attached admissible evidence of account, let alone any disputes. 9. Answering paragraph 9, the Defendant denies the allegations contained therein. Defendant denies receiving any benefit from Plaintiff causing a loss to Plaintiff. COUNT I BREACH OF CONTRACT 10. Answering paragraph 10, the Defendant restates his answers to paragraphs 1 through 9 the same as if set forth herein word for word. 11. Answering paragraph 11, the Defendant denies the allegations contained therein. Plaintiff's statement is conclusory and offered without attached admissible evidence of account, let alone any disputes, referenced contract “Agreement” and its alleged terms. COUNT II ACCOUNT STATED 12. Answering paragraph 12, Defendant restates his answers to paragraphs 1 through 11 the same as if set for therein word for word. 13. Answering paragraph 13, the Defendant denies the allegations contained therein. Plaintiff has not provided the documentation attached to the Complaint that the alleged agreement was duly assigned in the normal course of business to Plaintiff. 14. Answering paragraph 14, the Defendant denies the allegations contained therein. Plaintiff's and Plaintiff's Affiant's conclusory statements are offered without the referenced business records attached to the affidavit or complaint. AFFIRMATIVE DEFENSES Affirmative Defense I 15. Failure to state a claim. Plaintiff’s and Plaintiff’s Affidavit conclusory statements are offered without the referenced sworn business records attached to the complaint or affidavit to show the existence of a valid contract for the alleged account with Plaintiff’s assignor and Plaintiff’s ownership of it as assignee. Affirmative Defense II 16. Lack of standing. Plaintiff does not have standing to assert this claim and has failed to state a cause of action for which relief can be granted. WHEREFORE, the Defendant, Justiceforall3, requests that his Honorable Court dismiss Plaintiff’s Complaint together with costs so wrongfully sustained. Dated August 25, 2014 Respectfully submitted, _______________________________ Justiceforall3 In Pro Per 123 My Street My City, Michigan 48XXX
  15. I apologize for not getting back to this thread in a while, been extremely busy. Anyway, here is where we are at. Tomorrow will be exactly 2 weeks since my last hearing. The Plaintiff did respond to my Letter to Confer (dated Aug 4th, but mailed Aug 13th), responding with objections similar to the ones in Discovery. The only difference is this time they admitted they do not have the remaining bank statements and have "provided Defendant copies of all statements currently in its possession, custody and control." They objected to the request for the account agreement, stating that the bank statements "indicate terms of the account and balance due and owing." They also objected to the assignment piece, stating that the documents they gave in Discovery were sufficient to the court to prove assignment. In response to brotherskeeper's question, I do not believe they filed their response to my letter with the court, at least my copies don't show it being filed. The document they wanted to give to the Judge appeared to be an excel spreadsheet similar to the one they gave me in discovery, except that it wasn't all blacked out and redacted. I didn't get that good of a look at it. Can I simply go to court and request to see what was filed? In addition, would the Judge actual file an order for them to compel to my letter? I am going to type up my 3rd amended answer and affidavit and post it for review. My plan is to simply lay it out again, and attach their objections to my letter to confer.
  16. I have not received their spreadsheet. Shocking considering the Judge pretty much told their counsel to give it to me. So I agree I will proceed with the 3rd amended answer. Do I need to again ask for written consent to amend, or if the Judge told me to amend anyway, is that enough?
  17. Yesterday I received Plaintiff's response to my letter to confer. It was all objections again, and this time they admitted that they didn't have the billing statements that show use. They didn't admit to not having the account agreement, but rather used the same objections as last time. Do I have any other play here other than simply having another opportunity to present my case to the Judge? The Judge was obviously confused as to what my answer was and he didn't even see my affidavit as he asked me to create one. Is it necessary to file a 3rd amended answer? My plan was to simply bring the Judge another copy of my amended answer and show him the affidavit in court, and then bring up the fact the Plaintiff has objected to all my requests again. Thoughts?
  18. Sorry for the confusion, it wasn't that I didn't properly amend my answer, it was that I allowed the Plaintiff to orally argue my first answer (which I did incorrectly) verses objecting and having the Judge actually look at my amended answer and affidavit. I don't believe the Judge ever saw my 2nd amended answer. I am shocked he didnt rule in their favor considering he didn't actually believe I denied everything (and with an affidavit). The judge didn't rule anything. He simply adjourned his decision for a month (Sept 23) to allow Plaintiff to get me the rest of my discovery request (agreement, ALL the statements showing use, and proof of assignment). Even if they don't give me any more documents, I think once I have the Judge look at my affidavit and amended answer he will dismiss their motion. (he essentially said as much himself telling me to draw up a 3rd amended answer with affidavit). I don't think Plaintiff will get me anymore documents (except a redacted excel spreadsheet to go with their Chain of Title).
  19. So the reason I believe the judge didn't dismiss their motion is because the attorney used my previous answers to create doubt about what my answer truly was. She said I didn't deny or admit, but rather lacked information to do either. (ah my original mistake is used against me). I was so caught up in arguing the assignment I didn't object and clarify for the court that I did in fact deny. If I get another shot at it, I most definitely will. However I would suggest a word of advice to anyone out there, quoting @bmc100 "I always say deny, deny, deny". Denying an allegation is merely stating how you plead. The fact that the judge told me to make a 3rd amended answer and to change my answers to denials is sufficient for me to understand you cannot perjure yourself in an answer. Deny Deny Deny.
  20. The attorney did ask me like 3 times if I was a lawyer, she couldn't believe based on my brief I wasn't an attorney. Thank you CIC!
  21. So I went to court today. The Plaintiff had sent a new attorney I have never met before. She tried to settle, I declined. She didn't even have the whole file, but her whole argument was I didn't deny and that I simply said I didn't have information and belief to say either way. I started by stating that the Plaintiff didn't provide proof of assignment, nor proof of how the balance was computed, and none of their documents were authenticated and were hearsay. I asked the court to deny their motion because they haven't proven they own the debt, nor the amount owed. The judge then excused himself for like 20 minutes. Talk about nerve wrecking. The judge came back and asked Plaintiff about their Chain of Title and how it is they didn't submit proof of my actual account. The Plaintiff had an excel spreadsheet and was stating it was in the file, but it wasn't, she went to go show it to the Judge, but he declined to see it stating the Defendant hadn't seen it. The judge was reading my discovery requests and their objections (THANK YOU @BROTHERSKEEPER) and said they must submit to me proof of assignment (the excel spreadsheet she had in her hand). He then was about to wrap it up and was going to say that once they do, he will have no choice but to rule in their favor unless I object (he recommended a 3rd amended answer to complaint with straight denials). The Plaintiff made a mistake in my opinion, because the next words out of her month were "Your Honor, just to be clear, you want Plaintiff to provide only request #3 (the rest of the assignment) to the Defendant?" He said yes and then I immediately asked for the account agreement and the remaining credit card statements to show use. The judge ordered the Plaintiff to give me ALL of my 3 requests, adjourned the decision until September 23rd, and said they must give me the required documents in two weeks. He then said once I receive these documents, to submit my 3rd amended answer denying with an affidavit. (I really don't believe he read my brief, nor my actual complaint, because what he was asking me to do is already in the file). Make a long story short, I consider this a win. Lets see what the Plaintiff provides now in their 2 week window.
  22. @bmc100 This is what the Plaintiff's affidavit says: Now comes the undersigned affiant, who having first been duly sworn and cautioned according to law, depose and states as follows: 1. I am an Authorized Representative for LVNV Funding LLC (hereafter the "Plaintiff"). I am authorized to make this affidavit on its behalf, and the information below is true and correct to the best of my information and belief based on the Plaintiff's business records. 2. I have personal knowledge regarding Plaintiff's creation and maintenance of its normal business books and records, including computer records of its accounts receivables. This information was regularly and contemporaneously maintained during the course of the Plaintiff's business. 3. In the ordinary course of business, Plaintiff regularly acquires revolving credit accounts, installment accounts, service accounts and/or other credit lines. The records provided to Plaintiff have been represented to include information provided by the original creditor or its successors in interest. Such information includes the debtor's name, social security number, account balance, the identify of the orginal creditor, and the account number. 4. To the best of my knowledge and belief, the Defendant is not a monor or mentally incompetant person. 5. Based upon the business records maintained on account XXX (hereafter "Account"), which are a compilation of the information provided upon acquisition and information obtained since acquisition, the Account is the result of the extension to Justiceforall3 by Chase Bank USA,N.A. on or about 9/7/2006 (the "Date of Origination"). Said business records further indicate that Account was then owned by Chase Bank USA, N.A., that Chase Bank USA, N.A. later sold and/or assigned Portfolio 15632 to Plaintiff's assignor which included the Defendant's Account on 1/13/2011 (the "Date of Assignment") and on the Date of Assignment, all ownership rights were assigned to, transferred to, and became vested in Plaintiff, including the right to collect the purchased balance owing of $xxx. I affirm under penalty of perjury that the above facts are true and correct. (Signed Matt Pangle on December 4, 2013) (Notarized)
  23. they submitted an affidavit with their complaint, but not one with the MSJ in which they supplied the chain of title and billing statements. if I argue hearsay, will the judge refer to their affidavit from the complaint to establish authenticity?