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  1. OK - From the beginning: 1. Received Summons, filed on 6.18.15 , served on 7.2.15; mailed answers downloaded via court provided pdf on 7.20.15 2. Complaint and Answers as follows: Midland LLC Original Creditor: TARGET NATIONAL BANK Plaintiff vs. familyjules47 Wellfed, Windbag & Grease Attorney: Too Many Beers Rubber Stamped: There is no other pending... yata yata yata....at issue in this complaint. Complaint/and answer 1. The Plaintiff is the owner of the within CC account through Purchase, bearing account #000. Checkmarked: Do not know if the statement in paragraph 1 are true. 2. By use of this account, the Defendant became bound by the terms of the CC agreement. The existence of this debt is established in the exhibit attached hereto as Exhibit A. Checkmarked: Do not know if the statement in paragraph 1 are true. 3. The complaint has exercised its rights pursuant to the terms of said agreement to accelerate the time for payment for payment of the entire balance due and owing by the Defendant to the Plaintiff.Checkmarked: Do not know if the statement in paragraph 1 are true. 4. That there now and owing to Plaintiff be Defendant, (the sum of greater than $5K.) Checkmarked: Do not know if the statement in paragraph 1 are true. 5. Although demand has been made upon the defendant to liquidate the balance due and owing, the Defendant failed to do so. Checkmarked: Do not know if the statement in paragraph 1 are true. Wherefore, Plaintiff prays that this honorable Court enter a judgement in favor of Plaintiff and against defendant in the of (greater than $5K) plus costs. Exhibit A.: In order of appearance: 1. Statement from Target Visa CC w/ my name dated 11.8.10 showing a different amount than referenced above. 2. Bill of Sale -dated 7.23.12 references to Section 14, but not included. Signed by XXX, President Midland Funding, LLC, address San Diego CA also signed by sqiggly line (no name), VP,Target Financial and Retail Services; also signed by same squiggly line (no name) VP. under Target Receivables LLC. 3. Field Data sheet w/alleged account # redacted. Hubby's cell #as contact ph#. 4.Pre-Legal Notification from Midland Credit Management including yet another different amount from the complaint and Target statement. Pretrial was scheduled for 8.21.15 In the interim, a PLAINTIFF'S CIVIL PRE-TRIAL STATEMENT arrived in the mail, restatement of above 50 days of discovery etc, and in addition, the following EXHIBIT & WITNESS LIST: 1. Application 2. CC Agreement 3. CC Statements 4. Payments 5. Bill of Sale 6. Chain of Title 7. Pre-Legal Notifications 8. Notice of New Ownership 9. Affidavit 10. Any exhibits listed on Defendants Exhibit List 11. Any exhibit necessary to rebut any evidence presented by Defendant 12. Plaintiff reserves the right to amend this Exhibit List as additional exhibits become identified through the discovery process. Witness List: 1. Custodian of Records, MFLLC 2. Defendant 3. Any witless on familyjules47 Witness List 4. Repeat #11 above. 5.Repeat #12 above. Blah Blah.... Pre-Trial 8.21.15 No judge, just WWR attorney in a purple shirt w/complimentary tie. I expressed my concern that all of the documents seemed very vague. His parting shot...you will lose. Found this site afternoon of 8.21, and have been reading and reading... Little late to this party, so have learned a lot. Filed Request for Discovery today...Respondant has until approx 10.08.15 to respond. Trial date set for 11/2/15.
  2. I am in the midst of litigation w/Midland. Served by PRA on 8/22. I have read and reread many of the threads.It is all sinking in. I have copied and pasted salient points, as I consider if they are of value to my responses apropos to my case. I have saved many samples from this site and refer back to numerous Michigan posters, yet I am in need of a few tips, tweeks and wisdom am searching this site for the following: Format - Looking for a straight forward Style Rules for Michigan Civil Court. Language - proper phrasing Example of Request for Documents... Any experience as a Defendant, Pro Se, as far as what was accepted or denied re: format etc @antiquedave had a great list of questions for discovery, interrogatories, etc. Would it be best to start the process with simple request for documents? So much good advice, just trying to consolidate it all and work each step, step by step.
  3. I'm here in Michigan too. While grappling with a Midland Funding suit, I just received a summons from Portfolio Recovery Assoc (PRA). I came a little late to this party, so w/regard to Midland I am in the discovery process. We had a pre-trial last Friday 8/21, a crappy settlement was offered. It was just the two of us in a conference room, no judge. The lawyer for Weltman and Windbag etc requested 60 days for discovery and then Motion for Summary Judgment 30 days after close of discovery. Prior to the pre-conference hearing, I received a witness list, with enumerated exhibits and witnesses. I have read numerous threads and cannot relocate a good template for MI to use for discovery...Proper wording for requests, and what to request. No affidavits were included in the original complaint; a fuzzy copy of Target statement with a different amount stated, a Bill of Sale, a "field data" sheet and a copy of a "pre-legal" notification from Midland Credit Management with a different amount stated. For my answer there were only 5 pleadings, bottom line I owe them $5K+, all so completely general. I answered that I could neither confirm or deny to each complaint. So I will be watching your progress with PRA, as your summons looks pretty identical to min, right down to the Unjust Enrichment. That line made we wanna barf! What I have learned is that you have to take it one step at a time; learn the jargon, civil procedures and listen to the experts. Prioritize. Takes a lot of courage!
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