Joker

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Everything posted by Joker

  1. So what all exactly did I need to post here from the paperwork I have received ?
  2. So I haven't been able to get back to this the past few days. Always seems to be something, I guess my next court issue after this will be over child custody. Can't seem to catch a break.
  3. T Thank you, that helps a lot. So with that do I just refile answers to complaint, or a MTC arbitration in lieu of answer ? Also what do I have to do to request plaintiff permission to amend?
  4. Yeah , it was awful. I was stressing about my damaged furnace. I just made progress in that though. Since my county was declared a natural disaster area. I qualify for a grant for my damages, FEMA comes tmro to inspect damages. Hmm , I wonder if helps me at all in this situation... I tried to research but couldn't find much on it.
  5. Yes, I was able to fix my old laptops charging port this weekend.
  6. I'm trying currently to do a lot of this through my phone. My answer actually was pretty limited. I used the basic court form and just hand wrote my answers. I was going to amend within the 14 days and submit my typed one I had started. Right after that I had a flood that destroyed practically everything in my basement. Took out my laptop, and printer... In the process of all that I missed the deadline to amend. Since then its just been one thing after another.(when it rains it pours) I did not list arbitration in my original answer.
  7. @Brotherskeeper @bmc100 I'm at work right now. Will get the requested information from the discovery and msd when I get out. Ok so what you are saying is I need to request permission from plaintiff to amend my original answer? How would I do that? I'm guessing it is unlikely they will allow me to do so . Then if they deny I would file a motion asking for court permission to amend answer, along with the MTC.
  8. I posted the paragraph a few posts up. "At any time you or we may and ask an appropriate Court to compel arbitration of claims, or to stay the litigation of claims pending arbitration , even if such claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Even if a party fails to exercise these rights at any particular time or in connection with any particular claims, that party can still require arbitration at a later time or in connection with any other claims"
  9. I received contract ( card member agreement ) from the plaintiff in discovery . So are you saying that even though it states "unless in jury trial or after judgement " that I likely missed my opportunity ?
  10. Oh ok thanks for the clarification. 1. It appears that I had till the first week of Sept to answer discovery . According to court website they submitted discovery on 8/7/17 2. Yes they had a request for admissions in discovery. 3. Looks like they submitted MSD on 9/5/17.
  11. Yeah after looking over things it looks like I failed to answer discovery in timely manner. I'm not sure if that leaves me with any options here.
  12. So if I were still to attempt arbitration I still would have needed to answer the discovery etc?
  13. Msj is different than msd correct ? I do not believe a msj was filed only a MSD. The judge originally gave 60 days for discovery. I'm still in that window, I thought i just had to meet that deadline. But i probably thought wrong because the msd states I failed to respond to them .... they sent a few statement in discovery. Though it don't show any purchases, just billing for credit monitor, it shows a payment made in statement but no detail on payment method or that it was me that made any payments. Yeah I'm pretty sure I screwed all this up ,and am facing a poor outcome.
  14. According to the arbitration clause. At any time you or we may and ask an appropriate Court to compel arbitration of claims, or to stay the litigation of claims pending arbitration , even if such claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Even if a party fails to exercise these rights at any particular time or in connection with any particular claims, that party can still require arbitration at a later time or in connection with any other claims
  15. I did forget to include the affidavit. I had planned on trying to amend my answer and including it then. I know i messed up not doing so. I haven't gotten a MSJ yet. I haven't responded to discovery yet. I received it a few weeks ago, not sure how long I have to respond. According to court web site the MSD was submitted to them on Monday. If they are still requesting the 2,400 in court, but current balance is 2,300 due to that credit. Is that an fdcpa violation?
  16. I'm grateful for the responses. It has been a rough couple months way too much going on. I just filed a basic answer denying claims. Then had my pretrial. Discovery was ordered, I received it a few weeks ago and now have the original card member agreement. Just received paperwork yesterday I guess they filed a MSD. I obviously need to stop putting this off. Anything with my local courts just beyond stresses me out due to a past court experience where I was a victim of a violent crime and did not receive justice. I shut down and put things off. Which is why I was intending on Arbitration, though im not sure if it is too late. I also received a letter from citi bank a few months ago stating that my original balance received a $100 credit, something to do with identity monitoring I had. And that the information would be sent to the current assignee . My credit report reflects the balance change as well. The suit is still being pursued for the full amount. Does that make a difference at all ?
  17. 1. Who is the named plaintiff in the suit? Cavalry SPV I, LLC 2. What is the name of the law firm handling the suit? Roosen, Varchetti & Oliver, PLLC 3. How much are you being sued for? $2,400 4. Who is the original creditor? Citibank, N.A. 5. How do you know you are being sued? Served papers 6. How were you served? In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? They contacted me by phone several times, i would just tell them i was unable to talk at the time. I believe I received mail from them also. 9. What state and county do you live in? Bay County, Michigan 10. When is the last time you paid on this account?early 2014 i believe. I tried to find OC on my credit report but it is no longer there. Though while looking i noticed that Cavalry reported tat my balance went down 100 bucks last month... strange 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Suit served? Motions filed? Summons and Complaint served, need to file response this week. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? Did you receive an interrogatory (questionnaire) regarding the lawsuit? only have a few days left 16. What evidence did they send with the summons? A very vague bill of sale from Citibank to Cavalry , no acct specified, an Asset Schedule that shows three bulk lots with their sale id and cut off date of 9/20/16., and then the final statement from CITI showing the full balance due which is same amount they are after. There is not an affidavit attached. 1) Defendant entered into a contract with plaintiff or plaintiffs assignor, the acct #xxxx and pursuant to MCR2.113(F)(1)(b)Plaintiffs claim is based on on a written instrument which is not attached as it is in the possession of the adverse party 2) defendant defaulted under the terms and conditions of the contract 3) Plaintiff and/or its assignor completed the performance under the terms and conditions of the contract 4)That Statements were sent to the defendant detailing the amount owed on the account and defendant has failed to object to said statements. 5) The acct has been stated and/or is open between the parties 6) As a result of defendants default plaintiff claims breach of contract, open account,account stated, and/or unjust enrichment 7)The current claim amount due and owing by defendant to plaintiff is $2,4xx plus interest, cost and attorney fees. I have done a ton of reading on here, the Michigan cases in particular. I have a decent idea of my options moving forward. I am trying to decide which way should proceed. Im really leaning toward arbitration and filing MTC in Lieu of answer , but havent been able to find the cardmember agreement from when the account was still active. Im still having trouble with filing an answer if i proceed that way.