PVANLAW

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About PVANLAW

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    Missouri
  1. The one count petition was in contract only. If you can't establish the elements of a contract, and offer a complete copy of the express contract into evidence, then you have no case. So we didn't get that far.
  2. They will sue you on account, too. That has a ten year sol in Missouri. I'm not saying they will win; I'm saying they will try.
  3. It would have been nice to have counterclaimed on this and possibly walked away having made some money.
  4. This is a nightmare. You need to subpoena witnesses. However, any witness they call at trial, you get to cross. If they objected to all your discovery, you had to call up their objections before the judge in a Motion to Compel. It's within two weeks of trial, so you're out of time. You may try to get the judge to continue the trial date so that you can get discovery... Ugh. What a mess. What Circuit are you in? Of course, I don't know the facts of your case so don't consider any of this to be legal advice.
  5. mamab: I am a Missouri sttorney. I would not to file an answer without consulting an attorney. In the associate divisions of the circuit courts of Missouri (cases under $25K), if you do not file an answer it is not the grounds for a default judgment, and all allegations are deemed denied. Moreover, I have seen pro se defendants shoot themselves in the foot with their answers to petitions by including admissions against their own interests. However, you may want to submit affirmative defenses in a pleading that has roughly the same format as the Petition. Expect to go to court every month or in some divisions in the County twice a month. It's a real pain. Discovery continues, then a trial date will be set. I have only gone to trial in one case and it was against LVNV. Great story: They had copies of the fronts of the original documentation needed to establish an account, however they did not have the backs of those pages that had the "terms and condition" of the credit agreement. Their witness testified that they destroyed the originals, after making the copies they wanted to admit into evidence. I objected the admission of the contract copy under the "best evidence rule" saying: "Judge, I object to the entry of Plaintiff's copy of the contract into evidence under the best evidence rule. Plaintiff's witness says that they destroyed the original contract after making the copies of it. Judge if you look under the alleged signature of my client on the contract, it reads, 'see reverse for terms and conditions.' But Judge, when I flip this copy over, there's nothing there? Also, when I look at the remaining pages of the contract copy that Plaintiff wishes to admit, I see no 'Terms and Conditions.' Plaintiff has failed to provide the court with the complete contract underlying case, and since the entire case is based in contract, it must be dismissed, with prejudice." We went back into chambers, well I did, and chatted with Judge Lohmar for about a half hour about the previous cases that day. Plaintiff's counsel could not find the complete contract. Judge Lohmar let them voluntarily dismiss it. But I digress. You will get a packet of written discovery from Plaintiff's attorneys. You or an attorney MUST answer them in a timely manner. However, you have to be very careful how you answer. And no, you will not get to see the judge at the call docket. Good luck.
  6. brttwill: You're pro se... Answer and reply to every scrap of paper that they file, however, if you're in AK look for caselaw that is in your state. Illinois state law has no application to cases in the state courts of AK. And always be charming to the judge and respectful. Attacking their affiant is a freaking awesome move.
  7. So it has been dismissed without... If you get sued on the same debt by a new plaintiff (another 3rd party debt purchaser), then you should have a n easy go of it. But be vigilant with regards to your credit report and keep you eyes open for new collections letters from any new collector. You always ask for a matter to be dismissed with. The judge will rule on that, but usually dismiss without. Thats the big outcome difference between a Summary Judgment Motion and a Dismissal Motion. One bit of advice. Always ask for a copy of complete assignment with regards to the debt, if you're sued again. They hate producing those. But kudos on your win!
  8. Nice! And truly, the only thing you have to do to allay your fears of bankruptcy and how it will affect your credit and ability to enter leases and such, is talk to an experienced bk attorney...or read threads on this forum.
  9. You may want to try for a change of judge, if the Mich Civil Rules allow it at this point. Sadly, the judge sounds like he won't listen to a pro se defendant. Maybe an attorney is a good idea at this point, but it will be hard to find an attorney to, and pardon my frankness here, jump into your "mess." But you should go for a change of judge, if it isn't too late.
  10. Call me. I handle these kinds of matters. I'm a Missouri attorney. If you think you can't afford an attorney, maybe I can put your mind at ease. Just Google The Van Leunen Law Firm, LLC. The choice of an attorney is an important matter, and should not be based soley on advertisements or posts in a forum.