InDebt2

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About InDebt2

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    CIC Member

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  • Location
    MI
  1. The plaintiff listed on your complaint is the one sueing you. You don't say who that is and so I can't really respond factually however, it should be fairly obvious. If you've pulled your credit report recently and your OC has your account listed as sold with a balance of $0 ........ it's probably a JDB listed as plaintiff. They also may have a listing on your CR. As to the second question .... I'm unqualified to answer it. Good luck ...... you sound like you have the drive .......
  2. I tried to get the affidavit stricken using MRE 803(6) which is the Hearsay Exception Rule in my district and using MCL600.2145 which lays out the procedural rule of timeliness of submitted affidavits. I had case law backing both prongs of attack. I think it was just too early in the case but ..... I'm not a lawyer and maybe it was insufficient in some way. I appreciate your explaination and will look into how to effectively 'challenge' any evidence ...... IF they present any.
  3. The hearing was held in a huge courtroom filled with people. The judge seemed to be in a big hurry to clear the room out and he never really said why he ruled the way he did. I went to the court house today and looked at my file and there wasn't a reason (opinion) filed either, just the order. I thought I had it pretty much covered but .... well ..... I was wrong. There is no scheduling .... no pre-trial hearings ...... no ordered discovery .... this is a small district. In fact, I'm having a hard time determining if I'm even allowed to file discovery. And no, this is not small claims court.
  4. OK …. I jumped the gun I have effectively shot myself in the foot. I wanted to be proactive in my case so I answered their suit and almost immediately filed a motion to strike Plaintiff’s Affidavit of Debt and Statement of Ownership. Hearing was last week and the judge denied my motion so now, the burden of proof shifts to me as I understand prima facie evidence. They have not provided anything with their complaint. No Agreement, no statement of Account, no billing statements. No Bill of Sale, just an affidavit from the JDB; so you can see why I might have been a bit premature by filing my mot
  5. Had my hearing on my motion yesterday. The judge just flat out denied it. I argued "hearsay and untimeliness". Plaintiff argued "ownership in due course" . Complaint has only the affidavit as evidence ..... no statement of account, billing statements, agreement or bill of sale. How do they get away with this? I suppose now I can expect Summary Disposition.
  6. InDebt2

    Admins

    I didn't mean to be a bother ... just thought that this blatant hijacking should be taken notice of.
  7. InDebt2

    Admins

    I didn't know where else to post this and am not sure if this is the right place or not .... so forgive any transgressions please. I was doing a bit of Googling today and came accross this site http://www.moon25.com/f135.html I wonder if this may be an issue with copywrite infringment or intellectual property ? Maybe this site is linked to CIC ? I don't know so I thought I'd put it out there for your investigation.
  8. I appreciate your answer ...... will look into both.
  9. ....... can one shepardize case law with Pacer ... and if so ... how? ....... and if not ..... how does one go about doing so?
  10. Why would it cost the Plaintiff so much to prove otherwise?
  11. JBR is acting as CitiBank's attorney. Doesn't matter what your Credit Report says ...... what matters is what your summons says (unless JBR is misrepresenting who the actual plaintiff is).
  12. ..... unless you're being sued for breach of contract they don't have to supply the signed contract. The reading of most 'customer agreements' will state that you have agreed to the terms of the contract by using the card. Note the difference between 'contract' and 'customer agreement'. Customer agreements do not necessarily have to be copywrited the year that you opened the account. They change on a regular basis. If you had not yet defaulted on your account and were still using the card as of 2007 then it's a valid agreement. Without knowing the cause of action in your case no one can say f
  13. Thanks SingleDad. At least I don't feel quite so inadequate in my search efforts. It would appear that most people here in MI would rather accept default than fight. I've read virtually all of your posts and they have been great help; I wish you the best in your efforts.