bmc100

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Everything posted by bmc100

  1. I spanked Mimi during a case. She left the court pissed when it was dismissed against an OC.
  2. Goody is correct. I met a man who went to law school and moved back to Michigan, could not find a job. Most young attorneys are going to work for law mills in document prep making $14-$20/hr. Him and his father, who was a criminal attorney was telling me that the bar for entry into law school has dropped so much that new grads who pass the bar exam are making peanuts and will take any job offer that comes their way. There will always be an attorney who shows up. The majority of attorneys are now working for staffing companies or outsourcing firms on contract jobs.
  3. It took me 5-6 years to recover since I could not file bankruptcy given what I do for a living. From 2010 through 2013, I fought to rid myself of the mess my ex-wife put me in. As of last month my credit score was around 800. I had to wait for the bad, closed debts to fall off my credit report. Best of Luck.
  4. Harry, I would of waited until the JDB tries to argue their contract claim and use 2.113F then
  5. This case is over in your favor before it begins. MCR 2.113(F) - the Plaintiff needs to attach the agreement to the complaint. This case is so weak.
  6. Did you create your own affidavit when filing your answer denying the debt is yours? This idiot attorney already dug himself a big hole.
  7. Did they attach the assignment docs and affidavits to the complaint?
  8. Start by posting the complaint and your answer.
  9. @PRA_Foe Please have your son look at this website. https://stopmidlandfunding.com/
  10. the judge wont dismiss the case without you filing an MSJ for dismissal. At the same time, the judge cannot tell you how to do things, even though you are steps ahead most posters on here. You need to file an MSJ along with the evidence you already presented.
  11. The JDB never provides this information during discovery based upon electronic "Business Records" without redacting the information. One could challenge the document for it's trustworthiness due to the document being altered or a document made for the sole purpose of litigation, though it may not work. Without that information, the JDB cannot establish standing.
  12. You are absolutely correct. It is a game. A game of who makes the most errors. If one follows the rules, challenges everything properly....chances are they will dismiss. I had a $26k debt dismissed with prejudice against Chase Bank, an OC. Their attorneys made so many mistakes that they lost the case on their own and I had to show up once in court for mediation and the mediation panel tried to get my to admit it was my debt. All I said was, they are the Plaintiff, they need to prove their claims. I do not have to respond to anything. They said you are correct, Plaintiff, do you have any proof with you that he owes this debt? No, we have no documentation. Panel recommended award - $0. A couple months later - a call stating they would dismiss. I said yes, as long as it was with preejudice. A call back later that day - deal. If a plaintiff does not attach an affidavit to a complaint, a Defendant can create their own affidavit deny the claims and cause of action. You force the Plaintiff to the defensive since then they have to prove with evidence their causes of action. If that does not work, challenging standing will usually work. In Michigan, the Plaintiff has to provide the entire contract of the sale/assignment. The JDB attorney tries to argue it is not needed, but it is. If you ask for the Sales Agreement that is listed in the Bill of Sale or redacted, they will object only to state later on that they do not have it.
  13. It sounds like the judge wants them to produce the chain of assignment when asking for the signed contract. The Cavarly attorney is trying to catch you off guard or they are going through standard procedure for them.
  14. I was reading through caselaw over the weekend and the affidavit on it's own e Here is another case from Idaho that the mere cition of Rule 902(11) is not enough. https://www.gpo.gov/fdsys/pkg/USCOURTS-idd-4_03-cv-00049/pdf/USCOURTS-idd-4_03-cv-00049-135.pdf
  15. No. Not at all. I just do not like being told that I am stupid. It wasnt you Harry or BV. My first post was about chain of title and 99% of the time a JDB cannot prove they legally required a debtor's debt. This is factually true, but most people do not properly challenge the assignments and additional documents. My second post was that the declarant needs to be available for cross-examination and when you ask for the contact information of that person in discovery, it is normally met with an objection. An affidavit is an out-of-court statement and for it to be admitted into evidence that person needs to be a trial to testify their statements, but it needs to be properly challenged. In the Midland case, the declarant was at trial. How many times does a JDB attorney bring a witness? In this case, the COA stated the witness laid a proper foundation for the admittance of records. In all of my posts, I said one needs to challenge everything. Even if one faces a biased judge, you need to have every challenge and objection on the record for the COA to review the lower courts decision. If Midland's declarant never showed up at trial, the affidavit would not have been enough to prove Midland legally acquired the debt and an unbiased judge would not of entertained the admission of the affidavit as evidence. The precursor is if the Defendant submitted a counter-affidavit. An uncontested affidavit would be accepted as evidence. This is not about posters on here know the deal, they walk into court and the judge favors the Plaintiff and the debtor get stuck with a judgment. In the Midland case, you will see during testimony and cross-examination, BPP challenged everything, beat the witness up and asked the judge to stay neutral multiple times and stop helping the Plaintiff.
  16. This is a transcript of a recent debt case that went to trial where a friend of mine who is using a similar argument as I am stating got the case tossed against Midland. https://www.collectionstopper.com/wp-content/uploads/sites/99/2018/05/Basset-Transcript.pdf They start discussing the business records exception around page 48.
  17. 95% plus success rate getting these cases tossed. The only people stuck with judgments are posters who did not follow what I told them to do. I have Consumer Law Attorneys using arguments that I created....good luck. Read my sticky and pull up Michigan poster threads pre-2015. I wrote their pleadings their defenses to MSJ....etc. My brain is 10 steps ahead of you
  18. I have nothing to prove. Ask Brothers Keeper, BV and a host of others on here about my track record. I though it could be assumed that any poster on here has to make a proper challenge. Im not going to look up what rule it is right now, but the Plaintiff needs to make available the person who makes the affidavit for cross-examination. MRE 803 is a precursor to MRE 902. You cannot use MRE 902 without first satisfying MRE 803. I am going to start going into some very technical details which most posters on here never fully understand. I will post a request for discovery on here for use that I kept in my email. @Harry Seaward A JDB decarant cannot make true statements about documents created from another company that this person never worked at, does not know how or when the document was created...etc. It needs to be properly challenged. If not, a judge will allow it in. As BV stated, it is not up to the judge to use his/her discretion. The parties need to know how and when to challenge it.
  19. In Michigan, it has been easy to get the JDB affidavit tossed. The JDB during discovery never will provide the location, address and phone number to the person signing the affidavit. The Plaintiff needs to make that person available for cross-examination, which they never do. I have used the this argument and the argument in my other post and they worked. We are getting really technical. The court will allow anything into evidence, if it is not contested. It is not the responsibility of the judge to deny evidence, rather the opposing party making the proper challenges. There might of been a reason why I had a 95% plus success rate in getting these cases dismissed.
  20. Yes, It does, but you did not read the rule. "if accompanied by a written declaration under oath by its custodian or other qualified person certifying that (A) The record was made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person with knowledge of those matters; (B) The record was kept in the course of the regularly conducted business activity; and (C) It was the regular practice of the business activity to make the record. A party intending to offer a record into evidence under this paragraph must provide written notice of that intention to all adverse parties, and must make the record and declaration available for inspection sufficiently in advance of their offer into evidence to provide an adverse party with a fair opportunity to challenge them". A JDB robo-signer does not work for the Original Creditor who created the records that the JDB attorney is trying to submit into evidence. The OC is not supplying the JDB with that affidavit and further that declarant is never made available for cross-examination. Hence, the evidence the JDB has would fall under Hearsay. A 3rd party cannot attest to another party's business records. Before you speak up, you might want to understand the rules of evidence. I have written extensively on here about this rule.
  21. In the cases I have helped with, this is factually true. It has only been about a year since I stopped helping people. Everyone who received a dismissal in these cases, we always used a Lack of Standing as a defense, then after discovery, the JDB did not have the documentation to show they legally acquired the debt and the courts would not even entertain their arguments. My arguments were air tight and as long as the posters followed instructions, their cases were dismissed. Maybe in other states, this may not be true, but in Michigan this is a fact. MI courts never adopted the adoptive business records standard it that standard breaches every rule of evidence in existence.
  22. I alone on this site got numerous people out of approximately a total of $300,000 of debt, possibly more. The debts might be legit, but the Plaintiff cannot prove they have standing 99.9% of the time nor do they properly authenticate their evidence. Most of the time is is made up garbage, spread sheets and a BS account statement that the JDB made up. Holes in the chain of assignment...the lit goes on. Most of the JDBs have abandoned their breach of contract claims and go straight to open account or account stated. It does not matter who owes what debt, it is what you can prove in court. On top of how many times I helped posters get FDCPA or FCRA awards after the case is dismissed. $1k to $2k plus $3,500 in attorney fees. Add that to almost every case dismissed as well.
  23. If you are happy with the outcome that is what matters. Just remember, you are giving them free money and they have not proven that they have standing to sue you to begin with. What if LVNV files are wrong and they sold the debt to some other company?