jenawade

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About jenawade

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    CIC Member

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    Michigan
  1. Probably not, but it doesn't hurt to ask...is it a FDCPA violation for the CA to keep calling (about once a week) after they've initiated a lawsuit? Seems like harassment to keep calling someone to collect a debt while you're suing them.
  2. What is the difference in a Cardmember Agreement vs Credit Card Contract? We got a copy of the OC's generic credit card legal stuff with the summons and complaint. Is that then a Cardmember Agreement and not a Credit Card Contract? ----------------------------------------------------------------------------------------------------------------------------------- http://www.allbusiness.com/legal/trial-procedure-suits-claims/13801855-1.html "The appeals court said that Sec. 2-606 of the Code of Civil Procedure provides that if a claim is "founded upon a written instrument, a copy thereof, or of s
  3. The clerk told hubby he was a city court appointed attorney. Too bad he didn't offer to help with the motion for free!
  4. Hubby filed his papers with the court today for his answers to the Interrogatories. The court clerk looked them over then showed them to a man standing behind her a ways in the office space. He looked everything over and told hubby to file a Motion to Dismiss. So far I found out that refers to 'filing a demurrer' which in turn, in Michigan, is actually a 'motion for summary disposition.' I haven't yet found an example or blank form or 'how to' for that, so if anyone has anything it would be greatly appreciated. We go back to court 5/2 for the hearing.
  5. Its a burden alright, they're probably hoping we'll just go away. Just before this part was this: 1. Separately, for each of your answers to Requests for Admission 1 through 9 above where your answer is anything other than an unqualified admit, please: a. State each fact known to you upon which you rely to support your denial or qualified answer; b. If your response if that you do not have sufficient information or knowledge to admit or deny, then describe each effort you have made to acquire the information you feel would be necessary to admit or deny the request; c. Identify e
  6. General objections? I guess not, don't know what that is. I have no clue what they mean by state the factual basis that supports your defense. Do I have to research each one to find their legal basis and put something like: As and for a First Defense Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fail to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted. *Per FRCP Rule 12((6)
  7. How in the world do you answer this?: Interrogatories: 4. If you filed affirmative defenses to Plaintiff’s Complaint, separately for each defense, please: a. State the factual basis that supports your defense; ------------------------------------------------------------ AFFIRMATIVE DEFENSES As and for a First Defense Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fail to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted. As and for a Second Defense Plaintiff a
  8. I entered some answers for the Admissions section based on searches here, but I'm struggling with these particular Interrogatories: Requests for Admissions 1. Please admit that you requested Plaintiff’s predecessor to open a credit card account in your name. Denied. To the best of the Defendant's memory, and without any proof provided, Defendant does not remember applying for nor using this card. 2. Please admit that Plaintiff’s predecessor opened a credit card account in your name. Defendant has already denied recollection of this card and therefore this question is improper. 3. Please admit
  9. We learned the hard way that the person going in front of the judge has to fully understand what's in anything submitted to the court. I'm the one that has spent all the time on this site and put all the documents together for hubby. Today was his pre-trial and the judge asked him to explain what all was in the motion to strike the affidavit. When hubby said he didn't know, his wife put it together for him, the judge said: then the motion is denied. In hindsight I should have sat him down and went over everything, but now, let anyone else in a similar situation learn from our mistake. Know you
  10. How's this coming along for you? We have our pre-trial tomorrow.
  11. We used to have Hastings Mutual car insurance - they put right on their statements if you don't pay the owed amount by midnight of the due date to continue your coverage for the next month, they completely cancel your insurance on you at midnight. We found out we could go with Progressive for $1,000 less a year and signed up at the end of December 2007. I can't remember now, but it was something like on the day of or day before we would have made another payment to Hastings. Several weeks later, we get a bill from Hastings. Not an insurance bill, the amount was totally different (I can't remem
  12. These are great, thanks! With ours, the affidavit is dated 9/1 and the complaint is dated 10/1 at the bottom, by the attorneys signature, and issued 10/19 by the court clerk. So that's nowhere near the 10 days. I have a question you can probably answer. We filed our answers and our sworn denial with the court on Friday, and only sent our answers to the plaintiff. Are we supposed to also send them our sworn denial?