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michigan7788 last won the day on January 6 2015

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  1. I want to say that the forums and information on this site are a wealth of information and help. I started out by reading @bmc100's thread about how to win in Michigan. I also read numerous posts and threads, so definitely a shout out to @Brotherskeeper and @BV80 as well as many others for their contribution in helping so many people. I believe I defeated the plaintiff's motion (for summary disposition) because I attacked the billing statements. Somewhere on the site I read to examine every document carefully. When I reviewed the statements, there were many errors/red flags: 1. My name was misspelled. Provided driver's license as exhibit in affidavit to show accurate name. 2. The address was an old address. I provided proof that I hadn't lived there at the time of the statements as an exhibit in my affidavit. 3. The interest rates fluctuated on the statements, anywhere from 2% to 98.5% (yes 98.5% - crazy). I attacked the fact that no agreement or contract was provided explaining what interest rates could be charged. 4. The statements were altered by the Plaintiff - they clearly had a "file number" as well as a statement at the bottom saying "this statement is a facsimile - not an original" I also argued lack of standing, argued against breach of contract and account stated, but hammered that the statements were hearsay, and obviously had many questions that needed to be answered. I also provided my credit report showing I had disputed the account, both with original creditor and the Plaintiff. The judge denied their motion. Plaintiff dismissed with prejudice soon after. Read the threads. Review the documents - carefully. Sometimes its all in the details.
  2. I talked to that attorney - he just didn't give me any direction regarding counter claims. Also an update on this one - I got it dismissed with prejudice. Thanks for all your help.
  3. So back in October, after consulting a Consumer Law Attorney, I filed my answer to Complaint. The Court initially scheduled a preliminary hearing for Jan 20th, 2015. I was going to wait a bit and then work on my discovery requests. Today However I received the Plaintiff's Motion for Summary Disposition, trying to change the date to January 14th. I have not received the notice yet that the MSJ hearing will be on that date, but have to assume it will. I was wondering if anyone had any good information and legal backing for arguing against a MSD due to Discovery not being completed yet. Does anyone have any links or info? I have done tremendous amounts of research on this site and found good information for the rest of my arguments (against account stated, against breach of contract, etc...) but can use some more help for the discovery piece. I would like to argue Discovery is vital to my case. Also, in its Complaint, the Plaintiff didn't attach an affidavit, however they did for their MSD. I have a bunch of information for refuting their affidavit, but was wondering if the dates mattered like they do for the Complaint affidavit(i.e. must be filed within 10 days of the Complaint for account stated). I did file an afidavit with my answer, so I believe I have Prima Facie evidence denying their claims. Please help!
  4. I contacted and spoke with Brian Garmo in Troy (referred to me by another firm I had called). Yes I would appreciate a contact that would help!
  5. @bmc100 I called an attorney. They advised me to either settle, or to sign an affidavit of fraud. I didn't want to do either.
  6. Ok so I have another question. Everything I have read on this site says to make sure to have an affidavit denying the Plaintiff's account stated claim. In my case, they didn't file an affidavit, and they didn't clearly claim account stated, Should I be filing an affidavit?
  7. @bmc "They are tacking on post-charge off interest, which they are not by law allowed to do unless the purchase agreement clearly states that the seller transferred those rights to the buyer." So would you recommend I change or add to paragraph 5? I state they didn't provide the "Credit Card agreement' but I can also state they didn't provide the "Credit Card Account Purchase Agreement" (the one referenced in the Bill of Sale Exhibit that they also didnt provide). Or am I splitting hairs here?
  8. Here is my first go at an answer. I think I would like to add a rule of evidence in paragraph 1 if anyone can provide, to show that they didn't authenticate their "Bill of Sale" and "Declaration of Account Transfer" exhibits (no affidavit with the answer). Plus I put in paragraph 2 that they didn't attach an affidavit for the billing statements for account stated even though they didn't actually claim account stated. Is that fine? ANSWER TO COMPLAINT NOW COMES, Defendant Pro Se, michigan7788, pursuant to MCR 2.113, and states unto this Honorable Court as follows: 1. Answering paragraph 1, Defendant denies the allegations contained therein. Plaintiff's conclusory statements are unsupported by attached copies of authenticated, sworn documentation, required by MCR 2.113(F)(1),(2), that the alleged assignment of title agreement of an alleged Chase Bank account was duly assigned in the normal course of business to Plaintiff. 2. Answering paragraph 2, the Defendant denies the allegations contained therein. Plaintiff has failed to attach to its Complaint authenticated, sworn documentation showing use of the alleged account or a copy of the alleged "Credit Card agreement" with its terms, as required by MCR 2.113(F)(1),(2). Plaintiff's Exhibit A has not been attached to a properly filed affidavit as required by MCL 600.2145. 3. Answering paragraph 3, the Defendant denies the allegations contained therein. Plaintiff has failed to attach to its Complaint authenticated, sworn documentation of the alleged "Credit Card agreement" with its terms, as required by MCR 2.113(F)(1),(2). 4. Answering paragraph 4, the Defendant denies the allegations contained therein. Plaintiff has failed to attach to its Complaint authenticated, sworn documentation of the alleged sum due as required by MCR 2.113(F)(1),(2). Plaintiff's Exhibit A does not show a demand for payment for $. 5. Answering paragraph 5, the Defendant denies the allegations contained therein. Plaintiff has failed to attach to its Complaint authenticated, sworn documentation of the alleged "Credit Card agreement" governing interest rate terms, nor authenticated, sworn documentation of how the accrued interest was calculated, both as required by MCR 2.113(F)(1),(2). 6. Answering paragraph 6, the Defendant denies the allegations contained therein. Plaintiff has failed to attach to its Complaint authenticated, sworn documentation of the alleged demand for payment as required by MCR 2.113(F)(1),(2). AFFIRMATIVE DEFENSES Affirmative Defense I 7. Lack of standing. Plaintiff’s conclusory assertions are unsupported by required sworn business records referenced in the Complaint to show the existence of a valid contract for the alleged account with Plaintiff’s alleged assignor Chase Bank, 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. Plaintiff's "Bill of Sale" and "Declaration of Account Transfer" records do not reference the alleged account number, nor the Defendant. The "Bill of Sale" is an exhibit to a referenced "Credit Card Account Purchase Agreement", however this has not been attached, even though it contains the enforceability of warranty of title. Affirmative Defense II 8. Failure to state a claim. Absent evidentiary support of Plaintiff's standing as assignee of Chase Bank, 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, michigan7788, requests that his Honorable Court dismiss Plaintiff’s Complaint with prejudice, award Defendant all fees and costs, and grant such other relief as may be appropriate. Dated September 25, 2014 Respectfully submitted, _______________________________ michigan7788 In Pro Per 123 my street my city, Michigan 48xxx
  9. I am writing my answer to the Complaint and am going to raise affirmative defenses of Lack of Standing, and Failure to State a Claim. Because they haven't actually stated a claim (i.e. account stated, breach of contract, etc...), is there any other affirmative defenses I could use here?
  10. I was under the impression I could file a Motion for Summary Disposition before even filing my answer, but definitely before discovery. Anyone have any information on this?
  11. So based on bmc100's recommendations in posts #86 and #87, I should simply file my answer and affidavit, wait until after the pre-trial hearing, then file my motion for summary disposition. I do believe this is a good strategy. If I try and get the case dismissed before answering, they can simply amend their answer. Has anyone seen a Complaint without any claims or counts? I was expecting to see a claim of breach of contract, or account stated, or others. This Complaint seems very odd. Add on top of that the fact they didn't submit an affidavit at all, and it just seems unreal.
  12. I am being sued by LVNV Funding LLC (c/o Resurgent Capital Services LP), and was hoping to get some clarification on next steps. I have read some posts and threads on this site which have been really helpful. I am confused though because the Complaint doesn't have counts (i.e. account stated or breach of contract). Attached were two credit card statements, a bill of sale, and an account transfer. The bill of sale and account transfer seem to be very similar to what others have posted when sued by LVNV. I thought based on the posts there would be an affidavit, but in my case there is no affidavit at all. Here is what the complaint says: Has a heading, then: COMPLAINT 1. The Plaintiff is the owner of the within credit card account through Purchase, bearing account number ... 2. By use of the account, the Defendant became bound by the terms in the Credit Card agreement. The existence of this debt is established in the exhibit attached hereto as Exhibit A. 3. The Plaintiff has exercised its rights pursuant to the terms of said Agreement to accelerate the time for payment of the entire balance due and owing by the Defendant to the Plaintiff. 4. That there is now due and owing to Plaintiff by Defendant, the sum of $ on said credit card agreement. 5. That further, Defendant's account has accrued interest in the amount of $ through May 29, 2014. 6. Although demand has been made upon the Defendant to liquidate the balance due and owing, the Defendant failed to do so. Wherefore, Plaintiff prays that this Honorable Court enter a Judgment in favor of Plaintiff and against Defendant in the amount of $ plus costs, interest as provided by MCL 600 6013 and attorney fees. I am going to prepare and then post my attempt to answer. Any thoughts on possibly filing a motion to dismiss due to the fact they do not have an affidavit?