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Everything posted by LanLanLan

  1. BV80, since I am a little scared to go ahead with the reconsideration of my motion to compel arbitration, would a MSJ, or Motion to Dismiss, be a mistake at this point? With my affidavit, I am little concerned that a MTC will do more damaged than good!
  2. Thank you BV80! I knew you were not being catty I would not provide proofs from my bank account that payments were made, and I don't think JDB can have access to it right?
  3. After reading all the posts I am getting to the conclusion that filing a reconsideration for MTC might be too risky! I had no idea what MTC was when I filed my affidavit denying plaintiff claims! Maybe I would have done differently I knew any better! Now I can't go back!!! At this point, I am guessing my best bet would be file MSJ or just sit back and wait for trial! Suggestions??? I have to say I never though I would find so many caring people online, that are willing to take their time to write suggestions, and share their knowledge to someone they don;t know! I will be forever thankful for everyone of you!
  4. That is what I afraid of! If I keep pushing the signed/entered or not signed/entered the contract issue I might put myself in even hotter waters than I am now!
  5. Just PRA. OC shows on my credit report as charged off, but I never disputed it!
  6. after the judge read me affidavit, she looked at me and said: "on your affidavit you say you haven't sign a contract, that is why I can't grant you the motion. do you understand why?" And in my entire dumbness I said YES!!!!
  7. I disputed the account the JDB posted as an open account! SInce I have never had an account with Portfolio I disputed as a false account!
  8. I have no idea what is next! I guess we will go to trial?!?!?! I remember the word "discovery" being sad, but I was so nervous, with my heart pounding in my head, that I can barely remember. I was only asked to file an "order" for denying defendant's motion for compel arbitration. I just want it all to end! I don't if I just sit and wait for trial, or if I file a motion for reconsideration, or MSJ.
  9. I forgot to mention, that their affidavit have been issued more than 10 days prior to filing. I pointed to it on my answer, as well!
  10. Here is what it says on their MSD: 9. Pursuant to MCR 2.116 © (9), defendant has failed to statet a valid defense to plaintiff's cause of action. 10. Pursuant to MCR 2.116 © (10), there is no genuine issue as to any material fact, and plaintiff is entitled to judgement by law. As I mentioned earlier, on the day of the MSD hearing, the judge gave 48 hours to file an affidavit denying the complaints, and later denied the JDB MSD.
  11. @Brotherskeeper that is exactly why the judge denied my MTC. She read my affidavit, and mentioned I was denying having a contract with plaintiff or its assignor.
  12. on my answer, I denied having that account! SO during our hearing she asked me again, and I denied again. That is when she gave me 48 hours to file an affidavit denying plaintiff's claim. She told me and the plaintiff's attorney that if I filed my affidavit of denial within 48 hours she would deny the JDB summary disposition, and she did. She didn't explain why!
  13. here is exactly what went to on my affidavit filed on November 2nd, 2015, as you can see I did deny having any contract with the plaintiff and its assignor. DEFENDANT'S AFFIDAVIT DENYING PLAINTIFF'S CLAIMS of Breach of Contract, Account Stated, and Unjust Enrichment. NOW COMES Defendant in Pro Per, XXXXXX, whose residence is XXXXXX, XXXXX - Michigan, certifies and says the following: 1. I am a resident of the State of Michigan, 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 am unaware of Account number ending in 5121 with Plaintiff or Plaintiff’s assignor as stated in the Plaintiff’s complaint. 3. I am unaware of the alleged payments and charges made to the alleged account as stated by the Plaintiff. 4. I have never received statements from the Plaintiff or Plaintiff's assignor, or have made payments towards the alleged account, as stated in the Plaintiff's complaint/affidavit. 5. I deny that I signed a contract for credit services with the plaintiff or its assignor. 6. I deny I am liable to the plaintiff in this case for the amount sued. I certify under penalty of perjury that the foregoing statements are true and correct.
  14. I just read it, and the only thing I had to argue is that I am claiming to use the same contract the plaintiff is using to sue me! Of course I could have said that during my hearing yesterday, but that never crossed my mind. So in general I am to file a motion for reconsideration based only on an argument that didn't cross my mind on the first hearing! I also don't want to upset the judge,as she has been pretty nice to me so far! (during my hearing to answer the plaintiff's motion for summary disposition, she gave me 48 hours to file my affidavit denying plaintiff's complaints). Should I go ahead? Better, if it was your case, would you go ahead and file a motion for consideration?
  15. @debtzapper Thank you so much for all your collaboration on this! I will search for a sample/format to write my motion to reconsider my choice for arbitration! I am about to have a heart attack with all that stress
  16. I am in Michigan! I will try to find a sample I can use to write my own Motion to reconsider. As you might have noticed I am clueless
  17. I wish I had your knowledge through all this Should Motion to Dismiss be filed now? Or just MSJ? Thanks!
  18. I was indeed completely unaware! That is why I am planning on filling a MSJ and use among other other things, the fact that my motion to compel was denied as the judge understood based on my affidavit there was no contract! I hate this entire thing! everytime I go to the court house I feel my heart coming out of my mouth!
  19. Thank you brotherskeeper! I am so sorry for my ignorance, but I read It 100 times and I am still trying to figure out what does the bold section means to me! If the judge said since I claim I never signed a contract with them, I can't use the contract I claim no to have to select arbitration! Again, sorry for lack of understanding and thank you so much for you help!
  20. Let me clarify what the judge said to me when denied my motion to compel: She said, since on my affidavit I denied having an account with PRA, or its assignor, it means I had no contract with them, therefore I could not claim the arbitration. the grumpy attorney just barked how at one time I claim I had no account/contract, and now I want to use to contract to elect arbitration. That is it! To how things went during my hearing I really doubt the judge would grant me arbitration with an appeal!? So a MSJ would be a waste of time at this point?