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jgnewbie

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  1. Hello forum. I thought I may get some guidance on here that could help me further my research on a complex topic. I have a situation in the state of Michigan where two judgment liens have been filed against me for the same exact debt. The situation is the following. I was convicted of a tax related offense and the way that federal restitution works under the federal restitution statute (mandatory victim restitution act "MVRA") is that federal restitution orders may be enforced the same way that a tax assessment could be enforced with methods such as the filing of a Notice of Federal Tax Lien (NFTL). The question(s) I am asking are not about the subtle nuisances and complexities of restitution or tax law but only about the laws regarding liens in the state of Michigan. So what ended up happening to me is that the amount I was determined to owe for restitution purposes resulted in two (IRS & DOJ) different government entities filing a lien for the restitution ("although the smart people at the IRS messed up and filed a lien for a much larger amount but I am fixing that on my own at the moment so no help needed there"). What I want to be able to do is to find a statutory provision or court opinion that states that in the state of Michigan a lien could not be filed by two parties for the same debt (a.k.a. a duplicate lien). This is not a federal statutory or tax law question but only a question regarding liens in Michigan. I have conducted some basic research by going through the judgment lien statute on MCL 600.2801-600.2819 and have not found anything stating that a duplicate lien could not be filed for the same debt by two different parties. If someone could help provide me with guidance I could really have a good chance of invalidating one of these liens. Thanks a lot.
  2. Thanks a lot. I am working on finishing the MTC and affidavit which I will actually be submitting to the court tomorrow or Weds morning prior to the pre-trial conference. I just wanted to see if you had any tips on how to handle the pre-trial conference or things to keep in mind to do or not do during the pre-trial conference?
  3. The answer and affirmative defenses were filed with the court on 11/04/2020. I have not filed anything else since and neither has Midland filed anything since then as well. The next scheduled hearing is a pre-trial conference on 01/13/2021. Do you think I should file the MTC before the pre-trial conference or wait til after the pre-trial conference? What is the pre-trial conference all about, like what happens during a pre-trial conference and what is the objective of a pre-trial conference?
  4. The APRs do not match but I was told by the customer service representatives of the card issuer after a long phone call that the card agreement I had chosen was the correct one because they were the ones who actually told me that this was the card agreement associated with the account in question.
  5. Here is what I have submitted so far. Also the complaint from Midland is here as well. 1722606356_MidlandComplaintRedacted.pdf Answer and Affirmative Defenses Redacted.pdf Credit One Bank Cardholder Agreement FINAL.pdf
  6. Thanks a lot for taking the time guide me through this and help me out. Sorry for the late reply but have been struggling with some medical issues. The pretrial conference I have is coming up soon on the 12th and I wanted to prepare accordingly. I am wondering if you would be open to talking over a call if possible? If you are able to do a call let me know by emailing me at beavetime@gmail.com. I can send you the case files via email if you'd like as well. Let me know what you think of this.
  7. Thanks so much for the reply Brotherskeeper. The credit card is a Credit One Bank credit card. I obtained the credit card agreements in three different ways in order to confirm things. One way was by researching the CFPB's credit card agreement archive database https://www.consumerfinance.gov/credit-cards/agreements/, another way was by calling the credit card issuer and speaking to a very unknowledgeable representative then lastly by looking at the card issuer's website which contains a archive database of their current and old card agreements and matching it to the one I found on the CFPB's archive database. I am almost certain that the card agreement is the correct card agreement but the "almost certain" part is an almost just because of my high level of OCD I have in daily life matters. The lawyers representing Midland are in fact their in-house counsel and from the east side of Michigan located in Warren, MI and Troy, MI from the looks of their state of Michigan bar registration business address info. I have not read any of the Michigan threads yet, would you please be able to reply with a link to one of these threads you are referring to? Is the fact that when I submitted the answer along with the affirmative defenses without an affidavit going to be a huge issue going forward whether I file a Motion to Dismiss, Motion for Summary Judgment or a Motion to Compel Arbitration? If I file a Motion to Compel Arbitration would I be doing away with my ability to use the defense of the stale affidavits under MCL 600.2145? Should I just file a motion that addresses both the arbitration and the stale affidavit under MCL 600.2145 and if so what type of motion would this be (e.g., Motion to Dismiss, Motion for Summary Judgment or Motion to Compel Arbitration and "SOMETHING ABOUT STALE AFFIDAVIT")?
  8. I submitted my answer and affirmative defenses all in one shot but did not submit an affidavit of denial. What do you think will happen since I did not submit the affidavit of denial?
  9. Thank you so much for the reply BackFromTheDebt. By MTC you mean a motion to compel arbitration? Do you think I should just use one of my affirmative defenses by filing a motion to compel arbitration in which I would only be relying on that affirmative defense or would filing a motion for summary judgment and relying on both the stale affidavit and arbitration provisions in the card agreement increase my chances of success? Also I am wondering what your thoughts are on the following. The Michigan Court Rules (MCR) address summary disposition in MCR 2.116. In MCR 2.116 (C) which addresses the permissible grounds for filing a motion for summary judgment I notice that there are 10 total grounds which may be relied on when filing a motion for summary judgment. I can match ground #7 located at MCR 2.116 (C)(7) with the agreement to arbitrate but am unable to match any of the other grounds to the stale affidavit and wanted your opinion on which of the grounds listed on MCR 2.116 (C) would match with the stale affidavit?
  10. I provided the State of Michigan court (e.g., state district court) with an answer to a complaint brought against me by Midland Credit Management LLC. The answer to the complaint also stated my affirmative defenses which were: (1) Stale Affidavit pursuant to MCL 600.2145. I am relying on this affirmative defense because the affidavits provided by the plaintiff were over 200 days old which is beyond the 10 day timeframe in the state of Michigan pursuant to MCL 600.2145. (2) Arbitration Agreement Bars Bringing Suit. I am relying on this affirmative defense because after looking over the credit card agreement from the card issuer who sold the debt to Midland Credit Management LLC I noticed in the card agreement that there is an arbitration provision. I provided a copy of this agreement via Exhibit along with the answer to the complaint and affirmative defenses. (3) Failure to Establish a Claim for Breach of Contract. I am now waiting to have a pretrial conference in a week and wanted to know which of of the following should I file: (#1) Motion to Dismiss [or] (#2) Motion for Summary Judgment? The reason I am confused is because I read this https://get.courtroom5.com/the-motion-to-dismiss-or-the-motion-for-summary-judgment-know-the-difference/ article about the differences between motions to dismiss versus motions for summary judgment and when it is best to use one versus the other and I am in need of further clarification so that I can prepare things.
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