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Everything posted by castle

  1. Hello All, I have also attached a word document of my Opposition For Summary Disposition, in addition to posting it directly in the message board, to assist in providing feedback. Copy of Response To Summary Disposition For CI.docx
  2. DEFENDANT’S BRIEF IN OPPOSITION TO PLAINTIFF’S MOTION FOR SUMMARY DISPOSITION STANDARD OF REVIEW Summary disposition under MCR 2.116(C)(9) is proper if a defendant fails to plead a proper defense to a claim. Nicitia v Detroit (After Remand), 216 Mich App 746, 750, 550 NW2d 269 (1996). A court may look only to the parties’ pleadings in deciding a motion under MCR 2.116(C)(9), MCR 2.116(G)(5). A motion under MCR 2.116(C)(9) tests the sufficiency of a defendant’s pleadings by accepting all well-plead allegations as true. Lepp v Cheboygan Area Schools, 190 Mich
  3. Hello all, Feedback wanted, I am currently working on my brief. Thank you DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY DISPOSITION NOW COMES Defendant in Pro Per XXXXX in Pro Per, and responds to all of the allegations made in the Plaintiff’s Motion for Summary Disposition under MCR 2.116(C)(9) and/or (10) and states as follows: 1. Defendant admits Plaintiff brought its motion under MCR 2.116 (C)(9) and/or (10). Defendant denies Plaintiff has established Defendant’s ownership of unpaid credit card account and breach of conduct. Plaintif
  4. Hello all, Thank you for all the help. Update on the case, I have already submitted an Answer and Motion to Compel Arbitration with an affidavit. I sent a letter certified return receipt to attorney requesting arbitration and submitted it as an exhibit. Now our next court date is for both my MTC Arbitration AND plaintiff's Summary Disposition. So I now must submit a response to the plaintiff's summary disposition. I have researched many resources on here and have some templates started. I am just looking for some guidance on the specifics of my response. Attached is the Summary Dispositio
  5. Thanks Brotherskeeper, I have until Nov. 26th to file an opposition of summary disposition. I will post their MSD here soon.
  6. I think both of us. I included a copy of the memo below. Please advise if possible. Thanks
  7. At the pretrial conference the judge spoke that I had the affirmative defense of requesting arbitration in my answer. He then stated "well it is now back to the plaintiff" and ordered a summary disposition with a second court date 31 days from the pretrail date . The judge also stated "arbitration is no sweat off my back, makes it easier for me." I received a summary disposition from the JDB about 2.5 weeks later. I have not filed a motion to compel arbitration, yet. I was under the impression I had to wait until the pretrial conference was completed. The summary disposition just restates ever
  8. Thanks Brotherskeeper. I filed a answer with the arbitration defense and had a pre trial. At the pre trial the judge ordered a summary disposition. I received the JDB summary disposition. Do I have to respond the that in written form to the court? Thanks
  9. Hi CandyCLC, My answer and/or MTC is due on 8/8 also. Do you recommend filing both or just the MTC arbitration first? Thanks
  10. JDBs/attorneys are pushing back against this arb strategy. I have been reading your posts all day. Thanks for all the great input. You mention:" Michigan has some specific rules that alter the grounds of the motion to compel." And after reading CandyCLC threads I am not sure which is first...MLC or answer?
  11. Thank you. I read the thread you suggested. With what you have seen, do you think arbitration is the way to go? Also if I do go the arbitration route, do I file a separate motion to compel arbitration first or do I just include it in my answer? Could you please point me in the direction of the good templates for Michigan? This is my first time doing any of this. Oh, and I read all of CandyCLC LVNV Summons is very helpful. Thanks
  12. Yes, thanks for your help. I really appreciate it.
  13. 1.) Does the credit card contract plaintiff submitted as an exhibit have an arbitration section? Yes 2.) Does the copy of the "complete" monthly billing statement plaintiff provided indicate a balance due that is the same as the amount you're being sued for? Yes, the exact amount 3.) Is there an affidavit from Citibank and one from Cavalry? No affidavit that I can tell. Definitely no papers that say affidavit on them. Only paperwork I received was the: Summons & Complaint Form MC 01 (1 page) Complaint signed by the lawyer (2 p
  14. Thank you for any help provided.
  15. 1. Who is the named plaintiff in the suit? Cavalry 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Grossman & Karaszewski, PLLC 3. How much are you being sued for? $1400, plus costs and interest. 4. Who is the original creditor? (if not the Plaintiff) Citibank 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes
  16. Hello, I just received a summons from Cavarly. I would like some advice on how to proceed. I read some old posts regarding filing a motion to dismiss and/or an answer. I would like to see if those older posts from a few years ago still apply in Michigan. Please advise. I appreciate all the help. Thank you.