Hellonwheels

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About Hellonwheels

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    Michigan
  1. I just got this in the mail. I dont understand what I need to do. It is a Notice of Entry of Order from the Plaintiff. Order for Discovery. Order for Discovery At a session of said court held in the City of Ishpememing, State of Michigan, on the___day of ____________2012. Present: Honorable_______________________District Court Judge The parties having appeard for Defendant's Motion for Objection of Discovery, oral arguement having taken place and the court duly advised in the premise: IT IS HERE BY ORDERED that the Defendant's Objection to Discovery is denied. IT IS HERE BY ORDERED that Discovery shall be allowed in the above-captioned matter. IT IS FURTHER ORDERED that the Plaintiff provide statement of account to Defendant, payments made by Defendant, and documentation of interest rate and amount owed. ____________________District Court Judge This is from the Plaintiff and is blank where the lines are. What am I supposed to do in response to this? I am in Michigan. The last court date the judge did say I was denied all my interrogatories and all my discovery. Objected to Plaintiffs exhibits. The judge told the Plaintiff to provide Account Stated, Statements of payments made from def bank account or other method to plaintiff. and documents to show interest calculated adn amount of debt. Told plaintiff if they provided this he would award them MSJ. Said I would need to prove documents of material fact. Which I have contested that they do not have the proper paperwork, no statments showing any transacations, a handful of payments made on a statment, and they are just now submitting documents pertaining to the balance and intrest calculated. Judge has alredy said if Plaintif provides this he will award them a MSJ. I know I am going to have to fight them on account stated. The judge had told them this needed to be done in 30 days. That was on Feb. 14th 2012, and I am now just receiving this in the mail. Should I object to this order? or is it just stating what the judge said in the last court apperance??
  2. What can I do now? I have been contacted by a local debt collector. They are for a local hospital that has billed my insurance incorrectly, and has now sent the debt on to a collector. This collector has called me repeatedly. I informed them several times now to not contact me by phone. They call almost every day. They leave messeges and use different numbers to call me. When I answer and it is them I repeat myself and tell them that I have informed them to not contact me by phone, and I hang up. Is there anything I can do to stop them from calling after I have told them to stop? They have threatened to put it on my credit report, no big deal, my credit is shot. However, when I did bring up to them about the debt being 5 years old and that it is almost past SOL, they said they did not intend on takein me to court. The total is only 200-300 dollars.
  3. we are at a stand still and have been for months. There is nothing more for me to file at this point. I am waiting on the judge to see if he requires the plaintiff to answer the admissions, interrogatories and discovery materials. I think this hearing will be to see where things are at, and if we are moving forward, setting a trial date. I just wanted to make sure there was nothing else I should do for this status hearing.
  4. I already put in a motion to strike evidence. The judge said since it was technically not evidence at this point, just exhibits, there was really nothing I can do til trial when they are presented.
  5. Can you point me in the direction of the format I would use for a Discovery Misconduct motion? And what would I need to prove this? Can I use that they dont have but a handful of statement that dont match?(meaning some have a gold option card on top some dont) that in open court they stated on record that they didnt know who the OC was? That they have been given several extensions to come up with discovery materials and produced none? Along with numersous violations of the court rules, submitting late answers to interrogatories, admissions, discovery? among other issues and court rules they have not followed. Makes it hard when the judge has said openly that this case will not be won on a technicality, meaning if a court rule wasnt followed by plaintiff, it does not matter. I would like this one to get wrapped up as I know there is another debt, Asset Acceptance, at the point of filing. I really dont want to be fighting both of these at the same time. By the way, they are suing me for a credit card debt, I never had a credit card by any of the OC's they tried to say it could be from.
  6. Sorry I should have been more complete on what has occured thus far This was filed last feb and was served the end of March with first hearings starting last April. We have been to court multiple times, I have aske for debt validation and proof of records that they say they had. I have done all the motions to compel discover, all my interrogatories etc. Plantiff put in for Motion for Summary Disposition. I filed everything and thus far have not been rewarded. I have had motions to strike evidence, however it was a little early as technically they have not put in evidence just exhibits. However, I asked the judge to compel them to answer the admissions, interrgatories, and produce documents that they say they have. This was in October the last time we met. The judge asked that I give him all of the admissions, interrogatories and discovery questions to him with the plaintiffs answers and why the plaintiffs answer was not sufficient. He then was to go through them and determine wether or not th plaintiffs answers were sufficient or compel them to answer or produce documents. They have not sent any new answers and have only sent the same exhibits that they have been using. Nothin new, that they said they had. So, I have no idea what motion initially had been filed, or if it was a mistake on the clerks part by listing it as a motion when it is supposed to be a status hearing. Like I said, I am debating on writing up dismissal due to lack of progress, I am thinking this is going to set a trial date.
  7. My case has had no progress for months. The last time that I was in court the judge had asked me to provide him with all the questions I had asked the plaintiff, their response, and why I felt that the response was not adequete. I have heard nothing since until now. The first letter I got from court was a letter showing that there was going to be hearing on discovery again, and now I got another letter saying that that motion is cancelled and ther is a new hearing set for Feb 14th for a Status hearing. I am just wondering what this is. I am assuming it is just to see where both sides are at and if anything else has been produced. I also assume that a Trial date will be set. I was just wondering if I should ask for a dismissal of the case do to lack of progress of the plaintiff provideding documents or answering discovery and interrogatories questions. Would it be a waste of time to try and get it dismissed at the status hearing?? What do I need to do to prepare for this?? or is it just going to be a quick hearing to set the trial date? Sorry if I am rambleing.
  8. So I had a Summary Disposition set for tues and a pretrial set for right after. Two weeks ago I had put in a motion to compel. At the begining of the Hearing I informed the judge that I had put in a Motion to Compel and had asked the clerk to schedule a hearing for it. To my suprise he heard my motion to compel. He informed the plaintiff,(which is the third different rent a lawyer) that they needed to provide all documents that I requested. He post poned the Summary Disposition after I stated they have said they have documents that they have not provided me and it would be unjust to have a summary dispositoin before discovery was complete. So, I have to type up all the questions they did not answer to my satisfaction and submit it to the judge. Then I guess he will give a time as to when the plaintiff needs to have everything in by and reschedule the Summary Disposition or another pre trial. Not a total win, but gives me a little more time to prepare for the summary dispostion and get my ducks in a row. I am hoping that they pull the suit and are tierd of chasing after this one. We shall see......
  9. Hope you have a much better go of it than I did. Judge wouldnt even listen to anything I had to say and initially started in on the Plaintiffs Summary Disposition. Pretty sad when the defendant has to tell the judge what the hearing is for.
  10. Was just looking over some things and noticed that some of the alleged credit card statments say Bank of America and then the last statemen they have Gold Option Bank of America. Wouldnt this show that the statements are different? Also while we were in court, after I have asked for Discovery and they have provided nothing new, the Plaintiff said they have more statements. Well if I have already asked for those statements and the Plaintiff has not given them to me, is that not with holding evidence on their part???? Do I have something to go after here since I have repeatedly asked for discovery and they have produced nothing and yet say they have more statements? I am getting ready to put in a Motion to Compel but am thinking it may be a waste of time and money.
  11. I completely agree. Templates are nice but they are not goint to win anything for you. You haveto back up what u have in black and white. You need to be able to talk and defend your work. You have to know the court rules and the state rules governing each motion/hearing you are attending. You can have all the paperwork you need but unless you know why these rules and laws apply it is not going to do you any good. In my case I do the paperwork and then my husband plays judge and I try to explain why the rules or laws apply and why the plaintiff has not done what they need to do to prove there case. It helps to go through it several times to get your words to gether.
  12. I have 3 -4 statements they included on mine, shows no purchases, only shows an online payment. Is there anyway to dispute this.
  13. I am emotional on the boards not in court. I have been very respectful and done everything by the law. I would never let them see me get upset or emotional during or after a hearing. I am emotional on the boards because this is my outlet to let it go and hear what others are going through or gone through. I would rather vent and get emotional on here than in front of the judge or plaintiff. I dont know of anyone who can hold their emotions in all the time without some sort of outlet. May be you took me wrong by thinking I was emotional at the hearing. I wasnt, and never have been.
  14. Anyone know how to amend a response to a Motion for Summary Disposition? At my last hearing the judge informed me to submit an affidavit with my MSD. I have already entered two affidavits denying the exact debt with the summons and complaint. I couldnt find anything sayint I had to file another affidavit denying the debt with the Opposition to Motion for Summary Disposition. I am going to file one but am not sure the format of an amendment to the OMSD. I have done an amendment to the Summons and complaint do I just follow the same format?