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seggers12

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seggers12 last won the day on June 19 2008

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  1. If you really want to get picky...it is illegal to leave anything in someone's mailbox unless you are a postal worker and it has proper postage. I don't know if that would help you at all, but it appears you might be able to prove improper service and show they violated federal law.
  2. Here in MI you can call a 1-800 number for the Bar association and get a referal for a local attorney who deals with your type of problem. If you take your referal info to that attorney then they only charge you $20 for a 1 hour consultation. Ohio may have something similar.
  3. I personally prefer this site since it's a pdf: http://courtofappeals.mijud.net/rules/documents/1Chapter2CivilProcedure.pdf Rule 2.113 tells you how to format your paperwork...you need to have the names of both parties, the case number ect. Rule 2.300 is all about discovery. There are a few discovery examples in the stickies section I believe. In my case the judge ordered discovery for me. I filed my answer and when I received the case management schedule the judge had ordered the JDB to serve all info to me by a certain date. Here are some examples of documents you can ask for. Keep in mind all of this may be overkill. A JDB will likely ignore your requests and only comply when you file a motion to compel with the court. As far as I understand you don't have to file the discovery request with the court, you just have to serve it to the plaintiff, but it's not a bad idea to file a copy with the court. Then they have record of the discovery. Hope this helps. 1. The alleged credit application from Account Numbers (JDB Acct#) and (OC Acct #) bearing the defendant’s signature; 2. The alleged credit agreement from Account Numbers (JDB Acct#) and (OC Acct #) that states interest rate, grace period, terms of repayment, et cetera; 3. Itemized statements or credit card statements from Account Numbers (JDB Acct#) and (OC Acct #) that demonstrate how the alleged amount of $xxxx was calculated; 4. A contract, agreement, assignment, or other means demonstrating that JDB had the authority and capacity, and was legally entitled to collect on the alleged debt from Account Number (OC Acct #); 5. Letter(s) sent to defendant by JDB, demonstrating an attempt to collect on the alleged debt, Account Numbers (JDB Acct#) and (OC Acct #); 6. A notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally; 7. Any and all further documents that you believe establish that plaintiff had an outstanding account or debt related to Account Numbers (JDB Acct#) and (OC Acct #); 8. Any further documentation, beyond what has been previously requested, that clearly establishes defendant’s liability and/or responsibility to the alleged debt; 9. Any and all written communication, received by the plaintiff and/or plaintiff’s attorney from the defendant, regarding the reporting of the alleged account to any credit reporting agency, as well as plaintiff’s and/or plaintiff’s attorney accessing of defendant’s credit report(s). 10. Any and all communications from plaintiff and/or plaintiff’s attorney to the defendant explaining why plaintiff and/or plaintiff’s attorney may have reported the alleged debt to any credit reporting agency, as well as obtaining defendant’s credit report(s); 11. Any and all credit report(s) plaintiff and/or plaintiff’s attorney obtained from any credit reporting agency concerning the defendant; 12. Any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts, that relate to the defendant and/or Account Numbers (JDB Acct#) and (OC Acct #); 13. The plaintiff’s Articles of Incorporation
  4. I assume that the numbered points you posted are listed that same way in the complaint, so you need to respond to each point. Basically you need to answer each statement they make. Microsoft Word has a legal pleadings format that you can use. You also need to read up on the Michigan rules of civil procedure (RCP). This is what I used: http://courtofappeals.mijud.net/rules/documents/1Chapter2CivilProcedure.pdf If you have no knowledge of this or can't remember what if any agreement was entered into then you deny everything and make them prove it. When you answer just use something similar to this 1. Answering paragraph 1 of Plaintiff’s Complaint, Defendant denies each and every allegation contained therein. OR Defendant is without sufficient knowledge or information to form a belief as to the truth of the allegation and therefore denies each and every allegation contained therein and demands strict proof thereof. I personally like the second one because you are asking them to prove it. Then at the end of your answer add a section for affirmative defenses. If you look I think one of the stickies has affirmative defenses. Make sure you use the ones that apply to your case. Hope this helps.
  5. karyn811 If you asked for validation after they filed suit against you and you didn't send it to them as "discovery" they just ignored it. They will tell you like they did me that I will get "proof" in court. I also received a request for admissions which were very specific. I generally denied everything they asked. Some of what they asked may have been true, but since they waited almost 6 years to sue I couldn't be sure of the claims they were making and without proof in my hand I was not about to admit to anything. Remember, if you admit to anything then it is true before the courts eyes, even if the plaintiff has no evidence. Also, if you do not answer the requests then they will be demed admitted and then the plaintiff will not have to provide any documentation. I would get your answer to the admissions typed up and in the mail ASAP! Also when you file those with the court send your own request for discovery. The MI RCP tells you what you have to do. You type it up just like their request for admissions. They will have 30 days(I think) to respond, however, the RCP says all requests for admissions/discovery have to be served 10 or 14(can't remember) prior to the trial. Remember when you send these do it certified so you have proof you sent and they received. Then if you get to trial and they have not answered your requests you can show the court where you asked for discovery and they failed to answer. Then you can ask that the questions you asked be admitted since they failed to answer them. This link is the RCP I used it for my own lawsuit: http://courtofappeals.mijud.net/rules/documents/1Chapter2CivilProcedure.pdf Hope this helps.
  6. This is from wikipedia: "Each U.S. state has its own statute which dictates how much interest can be charged before it is considered usurious or unlawful. If a lender charges above the lawful interest rate, a court will not allow the lender to sue to recover the debt because the interest rate was illegal anyway. In some states (such as New York) such loans are voided ab-initio[15] However, there are separate rules applied to most banks. In 1980, due to inflation, national banks (banks that generally include N.A. in their name), federally chartered savings banks, installment plan sellers and chartered loan companies were exempted from state usury limits by the federal government through a special law. This effectively overrode all state and local usury laws." I believe in MI that 25% is considered usury and is illegal to charge more than that, but again your CC may be able to get around state laws. I know it's a complicated subject to sort out. If you look back at previous statements they may have sent a little "changes to your agreement" booklet with one of them. Usually when they make changes like that you can opt-out from the changes, but you only have 30 days to do this in writting. If you don't opt-out in writing then you have agreed to the changes. Your best bet is to find another card to do a balance transfer and call up your company and tell them you have an offer for x% and if they don't lower your rate you are going to close the account and take your business elsewhere. That has worked for us a few times to get rates lowered. If they still won't budge then tell them to take a hike and close the account and get it paid off ASAP! Good Luck!
  7. When my husband got our mortgage he was told at least 2 scores had to be above 650 to even qualify and that none of them could be below a 620. Most mortgage lenders pull all three and use some other company's interpretation of the 3 combined scores.
  8. I had a similar situation just a few weeks ago. I was sued by a JDB I had never heard of. I filed my answer and then they sent a request for admissions. I denied everything and the court set a pre-trial conference and a trial date. In my case the judge also ordered them to serve me all of the papers they had...(agreement, statements, etc.) They had a certain date to get them to me and they did indeed send some documents, but none of the statements(the judge ordered all credit card statements). When I received their documents and a letter stating they were still trying to obtain the statements I filed a motion to dismiss. We had to go in and file it and request a hearing date, then serve all that paperwork on the plaintiff. I had my motion hearing on the 16th and my case was dismissed for failure to comply with the judges orders. I know your situation is a little different, but judges will usually be a little more lienent with a pro se defendant. Just make sure to send all your paperwork in and apologize to the court. Also make sure to read the rules of civil procedure. I personally used this link: http://courtofappeals.mijud.net/rules/documents/1Chapter2CivilProcedure.pdf Hope this helps.
  9. I would call the court and see if there has been anything else filed (by the other party) or if the summary judgment was granted. From what I understand if there is an objection to the SJ they will hold a hearing. I recently had a motion hearing and I won the dismissal. Since I was the motioning party I had to stand up and basically state why I filed a motion to dismiss. The judge asked a couple of questions and then the JDB lawyer (who was a fill in lawyer) stated they were supposed to be getting the documents in question. The judge asked when, but of course she had no idea and then she said she had no objection to a dismissal. That was it...the judge just said motion to dismiss granted. I was prepared with all my documents. I made sure to have everything dated with when it was filed/received etc. But didn't have to present anything. I did include the documents the lawyer had provided me as exhibits in the motion, so the judge had the so called evidence. If you have any kind of exhibits or evidence I would just have extra copies in case the judge wants to see them. You do have to notify the plaintiff. Make sure you read your state rule of civil procedure. I had to fill out a form at the court house to file the motion, so I waited and got the hearing date scheduled. Then I sent a copy of the motion with a second page attached stating this motion will be heard on this date at this time. I'm not sure about not getting your green card back. We sent everything with a certificate of service attached. It's basically a separate page that says: CERTIFICATE OF SERVICE I hereby certify that I have, this x day of June, 2008, served the foregoing (Answer, motion, whatever you are sending) by placing the same in the United States mail, first class postage prepaid, addressed as follows: JDB lawyer 123 main street anywhere, usa And we got a certificate of mailing from the post office which basically says they received the letter and mailed it on that day. That's all I was told I needed to do to ensure it was mailed properly. In most cases the court also sends copies of anything filed to the lawyer, with the exception of discover, request for admissions and interrogatories. I hope this helps a little.
  10. You might want to try sending Amerikaner83 a private message or check out his profile. He is also from WA and has some links in his signature to WA resources. He may be able to give you some more information. I know "Solve Your Money Troubles: Get Debt Collectors Off Your Back & Regain Financial Freedom by Robin Leonard, J.D." has a whole chapter about community property and explains how it works. They also have a book called Represent yourself in court...(also published by NOLO). I used these 2 books to successfully have my lawsuit dismissed. I hope this helps.
  11. It sounds like they want to get you to agree to a judgment without actually going to court. If you have any doubt this is your debt or how much is actually owed you may want to serve them with discovery requests. If this is actually your debt then I would try and work with them, but I would not sign anything that would leave a judgment on your credit report. I also would not pay them anything until they prove to you how they came up with their numbers and that they in fact have the right to collect the debt (If they are not the OC). You can always send them a settlement offer with the stipulation that they dismiss the case, so you will not have a judgment on your CR. Hope this helps.
  12. First, is this your debt? Were you ever served papers on this lawsuit? If it is your debt and you just ignored the summons and let them get the default judgment then you need to figure out if you live in a community property state. You need to research what property is exempt from judgments. If this is the first you've heard of this debt and you were never served then you need to file a motion to vacate the judgment due to improper service. I'm new to all of this myself, so I hope this helps a little. There are many wise people on this site that I'm sure will give you more advice. Good luck.
  13. So I had a motion hearing today and my case was dismissed without prejudice. I had filed to dismiss with prejudice, but it is now past the SOL, so I am in the clear now. The lawyer who was actually suing me didn't bother to show up, but found a local attorney to come. She claimed the missing documents that the judge ordered had been ordered (from the OC) but she didn't know when they would get them. Then she said she wouldn't object to the motion. On the way out she said she had just received an email saying to get out of the lawsuit without any damage to them (meaning the firm suing me) since the judge said he could impose sanctions if his orders weren't followed. So, thank you to everyone who helped and offered their advice. I now hope to do the same for someone else in my situation.
  14. Ok, have a few questions and need some advice. First, I got a month of free True Credit from a promo code on this site and got my Fako scores. I've never really known my credit score and I have to say they are pretty good. I still want to get my actual Fico scores but I'm wondering how I should get them. I was thinking I would either order them from Myfico or individually from each CRA when I get my free annual credit report. I'm wondering which way I should do this to save the most money. I know they are expensive, so I'm trying to save the most money. Does anyone know if the scores they offer with your credit report are actual Fico's or are they the Fako's from each agency?
  15. I just pulled my reports again tonight from True Credit and RJM is gone today!! It hasn't been a full 30 days since I sent them my DV letter. They were only reporting to EX and my report said it was going to fall off this month, but it's not even the end of the month. I still have not received anything from RJM and really don't expect to. So my suggestion would be to send them a DV and dispute with the CRA. Good luck!
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