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Savoir

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Everything posted by Savoir

  1. You can absolutely file your affidavit prior to the hearing ......... do so! Just tell the clerk to attach it to the MTC. Don't know how you'd prepare for counters until you know what they are other than reading through the Arbitration Forum on this site and gleaning whatever info you can.
  2. Any motion to the court will cost you $20.00; filing an answer doesn't cost anything. You would need to supply the terms and conditions that entitle you to arbitration from a GE credit card agreement that was in effect during the time frame that you allegedly weren't in default as evidence that you are entitled to arbitration. If you file this Motion to Compel and Stay in Lieu of an Answer and the Judge denies the motion it should not prevent you from filing an answer to the allegations against you. Here are a few GE Credit card agreements if you don't have your original. http:\\www.cardmemberagreements.org/ge/
  3. You need to file an answer (with affirmative defenses) denying all their allegations and an affidavit (Sworn Denial) stating that this is not your debt (if it can be truthfully sworn to). There are plenty of examples on this forum to get ideas from but, you need to do this ASAP (before the deadline expires) otherwise, they get a default judgment against you. You listed several documents that they supplied as evidence but, you didn't mention if they included a sworn affidavit. Did they?
  4. This is close! Usually a creditor doesn't charge off an account until 180 days has past from the day the last alleged payment was made so, you should be beyond the SOL in MI. You should gather records together so as to prove the date of the last payment to this alleged account. I wouldn't worry about DV until they contact you in an open manner!
  5. P.S. I would love to know what federal regulations prevent a creditor ........ especially a JDB from removing a trade line from your CR.
  6. ROG's is short for Interrogatories. RFA's is short for Request for Admissions.
  7. If you count it as a win ......... that's all that matters. Judge's rulings are a 50 - 50 chance at best. Congratulations on your victory.
  8. Those notices are from ambulance chasing lawyers who will usually take your money and then just advise you to settle the debt or file for bankruptcy protection. You can initiate either of those two choices without their aid. You can also fight this out in court yourself as many of us have done successfully. LVNV is a junk debt buyer and, as is usually the case, rarely have the documentation to prove their claims. You can wait to be served or be proactive and go to the courthouse in your jurisdiction and look at the filings for your case number to get a head start. Search the board for posts from texasrocker who is a successful litigant from your state. Post any questions in this same thread to keep continuity.
  9. I don't know if you have this; it''s the Michigan Evidence Benchbook. Read Chapter 1.2 Motion in Limine through Chapter 1.4 C Self-Authentication
  10. Hopefully you read MRE 1001 - 1008 as there are certain requirements that the 'duplicate' must pass before the original is required. If it were me I'd have a motion in limine ready to file with the court if they don't have the original (or it looks suspicious to you). Plaintiff must get that 'evidence' to you 2 days prior to resumption of trail; that should give you time to file your motion. Take a copy of your motion to trial in case the judge doesn't read it beforehand and be ready to argue it. Case law wouldn't hurt .............. I don't know that this will work ......... but it's my best shot.
  11. I don't know if it is possible or not .......... trial has already begun and then adjourned. MCR 2.506 I don't know that I would want to pay the expense of having a witness appear when they may not have or be able to get the 'spreadsheet' anyway. If they do present you with some sort of 'spreadsheet' it better be authentic and not something that you or I could produce in a few minutes with Excel. Best evidence rule (MRE 1002) with in camera inspection?
  12. Obviously, they are shooting for proof of standing here. All I can say is that they better have a rock solid connection between the affidavit and the alleged 'spreadsheet' that the affidavit refers to.
  13. Calm down and............ explain what you meant by the above statement. Show what information? From what spreadsheet? I can't decipher what this statement means.
  14. Wow ............ I think that this is the first time I've heard of Cavalry in MI. Do you have questions? Did they respond to your DV letters?
  15. Details please ............. What did you win? How did you win? What did you get out of it? Congratulations go along with my questions ..........
  16. You'll want to file your brief pretty much the same way you'd file any opposition: Preliminary Statement Statement of Facts Arguments (including case law) Conclusion Request for Relief Absolutely ............ You can oppose anything that is not attested to as authentic by the OC. You're in a pretty good position here ........... you already beat their MSD ......... they haven't introduced anything new ........ the judge seems fair ......... just keep your cool. If they try to dismiss before trial .......... insist that it be 'with prejudice'.
  17. There's your argument ........... let them prove that your account was sold to them in that 'pool'.
  18. The above cites are not debt collection cases but, the argument is still very sound. MRE 803 (6) does mimic FRE 803(6) and says ....... in part: A memorandum, report, record, or data compilation, in any form, of acts, transactions, occurrences, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness .............. unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness. Plaintiff didn't make these records; they were transmitted. Where is the testimony of the "custodian or other qualified witness (a person with knowledge)" that did make these records to certify that they are authentic? IMO, if there isn't an affidavit from the OC testifying to the authenticity of these 'records' ............ it's just plain hearsay......... or, at best, conjecture.
  19. IMO, where 902 (11) authentication fails is that it refers to 803 (6) A memorandum, report, record, or data compilation, in any form, of acts, transactions, occurrences, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness .............. unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness. Plaintiff didn't make these records; they were transmitted. Where is the testimony of the "custodian or other qualified witness (a person with knowledge)" that did make these records to certify that they are authentic? IMO, if there isn't an affidavit from the OC certifying that these records are authentic ............ it's just plain hearsay......... or conjecture.
  20. I received my notice on the scheduling order for trial, that, and plaintiff filed one so I did too. I can't find anything in the MCR's that says that you have to file a trial brief (unless it was court ordered); I just thought it was a good idea.
  21. Have you filed your own trial brief? Did any of the courts orders mandate that you file one? MCR 2.400 Pretrial Procedure (D) Order for Trail Briefs. The court may direct the attorneys to furnish trial briefs as to any or all of the issues involved in the action.
  22. I was just making an observation. You were advised to investigate the specifics of your case almost two weeks ago and you’re just getting started now? As a matter of fact, I do have better things to do that to bandy insults back and forth with an individual who seems to have chosen to stick his head in the sand about a potentially life altering event. With the attitude that you have been displaying; you’re going to find that pulling yourself out of the hole you have been hiding in is a lot harder than jumping into it.
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