FightBackNow

Members
  • Content Count

    100
  • Joined

  • Last visited

Community Reputation

14 Good

About FightBackNow

  • Rank
    CIC Member

core_pfieldgroups_99

  • Biography
    Age 49, married 23 years, two young adult children, struggling due to college costs and economy
  • Interests
    New hobby is fighting back!
  • Occupation
    Real Estate

Profile Fields

  • Location
    Michigan
  1. Having considerable personal experience in this arena having won a large and protracted credit card lawsuit, yet still a lowly pro-se, I might have jumped the gun on this one based on intimidation. Not expecting a bill of sale and supporting documents at the pre-trial, in a creditor friendly court I might have jumped the gun on panic. The documentation is clearly generic and there might be some hope yet. Looks like they don't have the goods, but I don't know where to go from here......
  2. Wow, I'm starting to get encouraged now. No relation to Asset Acceptance, but there do seem to be some glaring holes in what they are presenting as evidence in terms of bill of sale. The bil of sale and affidavit might not mean anything. They do have account statments in hand, but their bill of sale and supporting documentaiton does not include my name or account number and the dates are different than what is on my credit report I can email this to you directly if you want to look at it.
  3. No, it's MF and there do seem to be some problems with these records, my name and account number isn't on them! I didn't realize it at the time, but this might be a gigantic bluff.
  4. Hang on, interesting development, i might have been bluffed.....My name an account number is missing from all these records and there is reference to a pool. Just examining them closely now. Some dates are also suspect. There might be hope yet except for the fact that I'm dealing with a very creditor friendly court.
  5. Yes, on OC letterhead including a saparate closing statement and affidavit of this specific transaction from the OC. There is simply no way to get around this overwhelming evidence. I've been offered 75% and am currently negotiating for 50% which is looking probable because it costs a lot of money to proceed though discovery, answer interoggatories, write a Motion for Summary Disposition and pay an attorney to show up (even if it's a slam dunk).
  6. Well, it's obvious based on my personal experience that some JDBers are getting better when it comes to legally tightening up their act. I made some comments about a current case against me from a JDB where the only thing included in the complaint was an untimely affidavit from their own employee. Confident things would go well I was (silently in my mind) bowled over last week at pre-trial. The attorney for the JDB not only had 30 pages of statements from the OC filled with accurate transactions, but more important had a specific bill of sale for my account from the OC and a separate affidav
  7. Ignoring the time frames required under MCR 2.116 Summary Disposition, let's talk strategy for a moment. Under MCR 2.116 C there are two grounds for summary disposition that are very strong in my favor: (5)The party asserting the claim lacks the legal capacity to sue. - The only problem with taking this tack is it's my understanding the plaintiff has open opportunity to bring in new information which could include some attempt to produce a bill of sale; real, incomplete or fake. No matter what, I plan to make the JDB prove standing, but not sure of the best timing and method of attacking on
  8. Thanks for the heads up bmc, I'm going to have to check very carefully the time requirements for scheduling a MTD hearing which I would like at or before the pretrial. There is a significant difference between a MSJ/MSD which I believe is 21 days vs MTD which is 7 (+2 for mailing). Could be wrong though, just a lowly pro se. Scheduling the hearing itself might be a different matter, but I have pretty good favor with the court clerk so I'm going to stop in and ask her personally. She set my pretrial hearing right while I was standing at the counter filing my answer and handed me the notice ins
  9. Does anyone have a sample Motion to Dismiss for lack of standing formatted to Michigan in response to a JDB lawsuit where no bill of sale, assignment documents or any other proof of ownership was included in the complaint? I filed my answer on December 24th which included lack of standing to sue in my affirmative defenses. Unless someone here convinces me otherwise, I plan to file a MTD for lack of standing nine days before the pretrial and schedule the hearing for this motion on the same day and time as the pretrial. The reason for this is so my agenda to dismiss the case is the first order
  10. Wow is that great stuff Savoir! Just got done completing my answer and sworn affidavit of denial, but am going to modify my answers somewhat due to this input. Previous to this, I kept the my responses very brief in the Answer and only included two affirmative defenses because they are both extremely strong. Lack of standing and the Plaintiff's failure to create an account stated claim. I've got a general question related to how much ammo do you shoot with an answer? I've dealt with other CC lawsuits and the complaints were strong, including account statements, card agreements and sworn a
  11. Special thanks to Savoir for the helpful information on wording my sworn affidavit in this account stated case which only included a stale affidavit in the complaint. The last lawsuit that I successfully defended was breach of contract, so a strategy for account stated is new. I've read a LOT, but as you all know it tends to get overwhelming and this stuff starts all running together. Have to submit my answer and sworn affidavit on Monday so it's crunch time. Does anyone have information applicable to Michigan that would be good to add in my answer regarding lack of standing when nothing, na
  12. Hello friends, would really appreciate some advise on the ideal way to respond by answer or has been suggested MTD or MSJ for this Michigan lawsuit. Getting to crunch time. Here is the complaint: 1. This cause of action arose within the jurisdiction of this Court in the county of ....In Michigan 2. Plaintiff's MID predecessor in interest is Cha se 3. Plaintiff assignor allowed Defendant to charge goods and or services on open account, and upon defendant's promise to pay for same. 4. Plaintiff's assignor sent statements on account number XXXXXXX to the defendant who did not
  13. Hello friends, would appreciate some advise on the ideal way to respond by answer or has been suggested MTD or MSJ for this Michigan lawsuit. 1. This cause of action arose within the jurisdiction of this Court in the county of ....In Michigan 2. Plaintiff's MID predecessor in interest is Cha se 3. Plaintiff assignor allowed Defendant to charge goods and or services on open account, and upon defendant's promise to pay for same. 4. Plaintiff's assignor sent statements on account number XXXXXXX to the defendant who did not dispute the charges or object within a reasonable time.