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Everything posted by brjmhome6

  1. If I remember correctly (been some time), I filed everything I had with the court clerk, retained a copy of the document for my own records, then mailed a copy of said document to the plaintiff. I do not recall having to notarize any documents beyond the stamp & filings @ the court clerks office. My gosh, almost 3 years later I simply cannot believe this thread is alive! It's amazing how 1 persons defiance against that which is wrong in our society can start a whirlwind of activity to change the way the winds blow Always remember first and foremost: Liars are lawyers....simple enough? Tru
  2. BTW, a good show that motivated me to do my own work is something you should all see and I'm sure will no doubt enjoy. It's called "The Practice". I'm a sucker for court room dramas but this show really motivated me. It gives you a good idea of what attorneys will do to meet their goals and is fairly relative in real life if not dead on accurate. It's certainly not going to help you draft a motion but damn is it good entertainment and one hell of a motivator!
  3. Wow, I never expected my little thread to become such a breathing beast Lawyers are sure scumbags my friends and they will try anything to get their way. 3/4 of their job is pure scumbag tactics and 1/4 is actual law...always remember that. I think I may have to pickup a participation in this thread again. Seems like fun
  4. My mistake, merrybucks is right. In all of the requests I got from midland, each request was referenced back to a specific OC account number so I was able to respond to each request with a general denial of the document being in existence etc b/c I denied that I had anything to do with the alleged account but in your situation obviously you can't deny you knew your own bank statements existed.... merrybucks' response is the right way to answer as they didn't say "all bank account statements associated with OC acct # etc.." so if you responded the way I did, they would have objected. Good eye f
  5. Looks to me like they didn't produce anything that proves you are liable for payment on the account in question. You could file a motion to strike their objections but it may not be necessary as they didn't even produce a contract. With no contract & no admission of liability from you, I simply don't see how the plaintiff plans to prove their case... Perhaps a MTD is in order on the grounds of insufficient evidence?
  6. I haven't ever been in small claims court so I don't know how much it may differ from civil court but your plan of attack seems to be on point. File all of your documents at once & get the clock started on your discovery requests so the plaintiff actually has to pick up your file & do some real work. Make sure that you time/date stamp all of the necessary documents @ your court clerk's office prior to filing them with the court. I stamped my answer & my request for production to plaintiff so that I could prove I filed my answer within the required time (30 days) & in the event
  7. If you read this entire thread, you should know how to respond Whose case are you trying to help here? Obviously you give them nothing but you are required to respond their request otherwise the plaintiff can and will get a default judgment against you. You simply deny you're aware any such document(s) exist therefore you are unable to produce said document(s). Simple as need to provide the plaintiff with evidence they don't already have and can't produce, right? Make the lowlifes prove t
  8. If you just got served this morning & you already made it here, I'd say you're ahead of the game Go on & file your answer & request discovery @ the same time. I'm sure opposing counsel will not be so smug with you as the other 90 defendants they'll be conning into default judgments on that day in court. Best of luck on your case & keep us posted on your progress!
  9. A firm with some questionable practices on their defense strategy Just b/c you have counsel doesn't mean you have good counsel.
  10. It sounds to me like these defendants are kind of screwing themselves. "He admitted to entering a credit card agreement but did not raise any issue with the generic card holder agreement used for MSJ." The defendant admitted to entering into an agreement...focusing on the business records aspect of this case is interesting but doesn't seem to be the deciding factor in the outcome of this case as the defendant made a huge mistake in admission. Instead of focusing all of that energy on arguing the admissibility of the jdb's hearsay, perhaps the defendant should have been focusing on sending some
  11. Sounds like the err in this case may have been in the way the defendant responded to discovery requests. I'd like to know what kind of discovery requests were sent to the plaintiff b/c it doesn't make sense to me with proper discovery on behalf of the defendant that this could happen. Doesn't there have to be an admission from the defendant or evidence supporting the fact that an agreement / contract existed / exists between the defendant & the plaintiff? I understand if the court would in their questionable judgment refuse to strike the jdb's hearsay statements but to award based on that
  12. I believe state's rules allow you to amend your answer to include counterclaims within a certain amount of time usually. You'll have to check your states rules to determine if you are still within the time allowed to amend your answer to add your counterclaims. Do some research here & i'm sure you'll find the info you're looking for on counterclaims. I'd imagine you could at least have a counterclaim for 1 FCRA violation for knowingly reporting fraudulent information to the CRA's (Remember they 99% of the time can't prove their case which by default would make your counterclaim fact) &
  13. Sounds like the account may have been sold & the previous owner of the debt still has you in the collection loop. Have you tried sending a letter of debt validation to both of these CA's?
  14. Here is a word template to request a production of documents & things as part of your discovery process directed to plaintiff. I cited a couple of missouri civil rules so if you're in another state, modify the citations to your state's requirements. More to come.....
  15. I never thought of it that way. I like the way you think The only reason I suggested the cease & desist is because their sole purpose at these civil court dates for the jdb is to try & intimidate a defendant into a consensual default. (or just hope the defendant doesn't show up for a default) I watched hordes of defendants take their walking papers due to the intimidation. I know how the pressure can really build once you're in court when so much is potentially at stake & the last thing most people need is to be intimidated by a lowlife paralegal or attorney to heighten that tens
  16. Sounds like you're on the right track with your answer. If you're not pursuing any counterclaims, I would get on top of your discovery requests directed to the plaintiff.
  17. I'm pretty much a rookie myself but I would walk in with a motion for summary judgment & your motion to compel. Give the judge your MSJ & if he denies it, politely hand him your motion to compel. If they don't respond to the motion to compel within a week or so, renew your MSJ citing all of the pertinent facts & I'd be pretty darn shocked if he didn't grant the motion. I'm sure nascar or one of the other gurus will chime in here for more expert advice
  18. Please don't forget that if you plan to ask for counterclaims, that should be stated in your answer as well. I unfortunately didn't pursue counterclaims so I don't have a ready made template but I'll look into it further & post an answer w/counterclaims template when I locate one worthwhile. Also, it is just a template so you need to check all of the affirmative defenses available to you by checking out your states RCP & you make sure that you utilize each and every one that applies to your situation....SOL is a big one for many people out there which didn't apply to me.
  19. If a jdb asks you for discovery, you give them the legalese "F.U."! Something along the lines of: "defendant is unaware any such documents exist therefore defendant cannot produce said documents" They love those responses If you're out of the SOL & they have no contract or admission from you, they have no case. Perhaps look into a motion to strike their "exhibits" as hearsay as well (they 99% of the time are). You should be sending your own discovery requests as well. Go and brow beat 'em. with your responses to their discovery requests then look for a plaintiff initiated dismissal in t
  20. As promised, here is a link to download your answer / affirmative defenses template in word doc format. More to come....
  21. Stay tuned, today I'll post my answer / motions in word doc format so it'll be much easier for folks on the board here to download them & just cut & paste your info in the necessary locations. Be back soon!
  22. You can file your motion to strike at the court clerks office anytime you'd like prior to trial. Get on up there & file that baby tomorrow That really was some great info posted by redline, kudos again!
  23. I'm not familiar with Michigan civil procedure but I know here in Missouri, I covered all of the necessary responses in my answer. If in your answer, you deny all of the allegations of the complaint, do you still have to file a motion to strike the plaintiff's affidavit as hearsay? For example, would my answer that I filed I Missouri have been sufficient if this case was in Michigan or would my failure to include a motion to strike the affidavit as hearsay have caused me to lose the case by default admission? I guess I assumed if I denied all the allegations in the Plaintiff's complaint in m
  24. That's some great stuff you have there redline! I'm going to post some goodies over the next few days in the form of pre-formatted word documents for specific motions to make things easier on our fellow CIC surfers