mlrrf

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About mlrrf

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  1. The Court set my pre-trial for Feb 12. It's just like the Court clerk told me when I went in to see my file - that it most likely would not end with my "Answer" to the summons, and that a court date would be set for about 3 months out.
  2. All I got from court was a Notice of Pretrial Hearing ... set for Feb. 12, 2012. That's all it was. I have no idea what I'm supposed to do at this pretrial, or what's going to be done to me!!! But I'll catch any replies to this tomorrow ... I can't keep my eyes open any longer ... 5am is going to be here in no time ...
  3. Why Suing on Purchased Debt is Rarely Successful. (Article from Michigan Law Blog) A recent speaker at the Michigan Institute of Continuing Legal Education (ICLE) had talked about suing on purchased debt. He said that a debt buyer does not have to produce a witness from the originating creditor in order to prove his case at trial. While that may be true, its equally true that most debt buyers do not get enough information to successfully sue on their debts. For example, most debt sellers do not have supporting credit card statements and/or even credit card contracts. Usually, they just sell a spreadsheet of names, addresses, social security numbers and balances due to unsuspecting debt buyers. Another major fact is that everyone in the industry knows that Asset Acceptance is the proverbial 600 lb gorilla in this business. Asset Acceptance gets first crack at almost all newly charged off debt. They have relationships and contracts with major banks and such. Everything that they reject goes into the open market to eventually be pursued by other asset purchasers. I was a bit disturbed when this ICLE speaker informed the audience that it is not necessary to produce a witness on behalf of the originating creditor. As an example, the following colloquy could be expected when a debtor’s attorney cross examines the Plaintiff’s witness. You can easily see how a debt buyer’s witness at trial would crumble. Debtor’s counsel (“DC”): Who do you work for? Plaintiff’s witness (“PW”): ABC Debt purchasing company. DC: How much did you purchase this debt for? PW: $300. DC: According to your complaint, you state that my client owes you $5,000. Is that true? PW: Yes. DC: Because your company purchased the debt, it did not originate this debt, did it? PW: No. DC: Do you have any personal knowledge to show that my client incurred this alleged $5,000 debt? PW: No. DC: Do you have any signed credit card statements to show that my client incurred this debt? PW: No. DC: Do you have any signed agreement between the original creditor and my client to show that my client agreed to pay these charges? PW: No. DC: Do you have a breakdown between principal and interest as to how you arrive at the $5,000 balance? PW: No. DC: Do you have any proof at all to show that my client incurred these charges other than what you think someone may have told you? PW: No. DC: So, to recap, you are testifying that you have no personal knowledge of the alleged debt. no documents to support it,no proof that my client even incurred these charges and no accounting as to how you arrive at that number, right? What court is going to award a Plaintiff anything on this? All you have is a witness who can testify that he bought something that was allegedly a debt that was owed by a debtor. That witness cannot testify that the debt is actually owed by the debtor or that debtor even had a contract to pay for these debts. Buying debt, in my opinion, is a con. It is so tempting to purchase a $10,000 for a measly $600. Boy, if someone purchases that debt and collects it all, they stand to make $9,400. Now wake up. If a debtors attorney stands up to a debt purchaser in court, the debtor purchaser usually ends up eating the $600 purchase price plus costs. We have crushed numerous debt buyers at court in this fashion. Of course, only those debt buyers who thought that they had nothing to lose (because we offered them such low settlements) took us to court. Frequently, these cases are settled with a demand for documents. There are few firms that are notorious for filing these complaints and then walking away after the first document request.
  4. The initial poster asked about how the process was served on her/him. I know the question came back in February, but I didn't start on this site until a couple months ago. Main Street Acquisitions allegedly "bought out" my alleged delinquent account with HSBC, also. Hmmm ... they must have a monopoly on the HSBC company's delinquent debts, I'm gathering, from the amount of things I read online .... The law firm they are using to sue me here in Michigan did NOT have to serve me in person, apparently. All they had to do was state that "service of process upon defendant ________ cannot be reasonably made as provided in MCR 2.105, and service of process may be made in a manner which is reasonably calculated to give defendant actual notice of the proceedings and an opportunity to be heard," and they were allowed by the court (per Michigan's statutes) to send it via first class mail!!! So, what's the deal between HSBC and Main Street Acquisitions Corp. ... Anyone know?? Are they being given "preference" in buying out the accounts, or what? (through a certain law firm's Web Equity Holdings Co., where they advertise the following: "Web Equity Holdings was created as a vehicle to purchase and collect discounted receivables while offering significant rates of return for individual or institutional investors. Please contact us to inquire as to investing opportunities with Web Equity Holdings, LLC." .. see Web Equity Holdings | Home ...
  5. I know, huh? (about the outpouring of support!) The people on this site have been amazingly generous with the sharing of their time and knowledge and insight .... I have told so many people at work about all the help I got here, and how everyone here is helping me to (slowly but surely) "become an expert" so I, too, can help others. You said you didn't know if I sent a copy to the plaintiff's attorney - yes, I did. But now that you are saying that to me - that's the ONLY place I sent it, besides the court. Was I supposed to send a copy to the plaintiff? Because I was under the impression (I thought I read it somewhere - either on this site, or the Michigan Civil Rules, or something?) that I didn't need to send it to the plaintiffs themselves ... only their attorneys, if they hired them. Did I make a HUGE mistake? I did receive from the Court "my next step" after filing my Answer, but I'm waiting to hear back - if they want me to continue in this thread or start a new one, now that I'm done with the "Answer to Summons" and need to move on to the next phase ....
  6. Hi all ... I hope you remember me! From the thread: http://www.creditinfocenter.com/forums/there-lawyer-house/310559-recd-summons-what-should-i-do-im-supposed-send-stuff-their-atty-tomorrow-5.html#post1135051 I've been wanting to come back on to give an update on what happened after I mailed my (or I should say, "Seadragon's" ) "Answer" to the summons - but I want to know first - do you prefer I continue in the thread I originally started? Or start a new one with what has happened since (and the "new phase" I'm now starting), and all my new questions! ?? P.S. Hope you all had a great Thanksgiving!
  7. Thanks so much, Seadragon! And OF COURSE I DON'T MIND that it's long! Every bit is OH SO very helpful to me. Thanks - because that's a great idea to start a binder ... and keep track of everything. I have only a folder at this point, but I like your binder idea much better. I am posting a "new thread" to ask what I should do now ... Because I did finally get a "reply" from the Court after my answer ... and I didn't know if I should start a new thread for this "new phase" of the proceedings (with all my questions, now), or if I should continue here in this thread. I don't know what is preferred. I've already got questions to what you wrote me above, but I will wait to see where you guys want me to put them (either in this thread, or start a new one). And I hope you had a great Thanksgiving! (as I replied to a person above, I've had some "family" issues that are "on-again-off-again," and boy, they sure were "on-again" before and during Thanksgiving .. so mine was so-so ... but things have calmed down a bit, for the moment, and I'm able to jump on here and continue to my "research" ... (I think I'm going to have more things to deal with when my daughter and her husband come home for Christmas - I may have to ask for "divorce" advice!! Let's pray not, though! ...)
  8. I know you wrote this awhile ago, but thank you for your encouraging words and support! (I've been dealing with a bunch of other "family" issues, and now that those have settle down a bit, I can come back and work on my own stuff again!) I finally did receive something from the Court on my answer - which I'm going to be making a new post on .... because I'm not sure what happens now ..
  9. Thank you! Yes, I haven't read up on any MCL statutes, yet. And I still have to do the letter about the consent judgment to the attorney. I've been so tired for 2 days. I slept for 11 hours yesterday/last night!! I feel like I can't wake up! All that reading (and worrying) wore me out! I'ts 11pm now, and I'm about to go to sleep again!
  10. Yes, I was surprised to get so much help here, too!! I never dreamed I get this far with things! Everyone has been so great on this site. Yes, I did send a copy of my letter to the plaintiff's attorney - I sent it with one of those "return notification of signature" cards. Since they are right here nearby me, I assume they got my "answer" today!!
  11. Well, I know it's late ... but I wanted to jump on here real quick to let you all know that I did NOT chicken out ... I DID go to the court this morning to file my Answer and Affidavit!! The Clerk was very helpful ... she explained to me that the judge would set a court date for at about 90 days out .... UNLESS the plaintiffs file a _____??? I forgot now, over 12 hours later, what she called it!! She said that basically, the Summons had no court date .... but that anything I receive from here on out (whether it be from the court/judge or the plaintiff's lawyers) WILL have a court date, and that I need to pay close attention and show up to every single hearing, or I'll lose by default. I even asked to look at my file!!! (Just because you all said I could, and so I wanted to try and ask and see how it feels!) She walked over and got it, and I happened to say that I received a Consent Judgment in the mail, that I did not sign, and I wanted to see if it was in here. She told me that it would not be there, since I had not signed it. I also made some remark (when she was talking about future court dates), something to the effect of, "Unless the judge dismisses the suit based on my 'Answer,' to which she gave me a wry smile and said, "That's not gonna happen .... you better do your homework and prepare." I thought that was very generous of her to let me know it wasn't gonna be that easy!! (which i already figured, from everyone's help here!) Basically, at this point, all that was in the file was the paperwork from their Summons mailing. Very thin file, at this point! So thanks everyone for their help .... I'll keep reading .... and you WILL be hearing from me again ... I KNOW I'm going to need future help/advice! I'm still "scared," but now, what's done is done ... I filed an "answer," and I guess I'll be following through with .... whatever. The worst that can happen to me is I'll lose, and end up paying more than what I initially owed .... and I'll have to chalk it up as a "lesson" in life .... And the best case scenario - I'll end up not paying that much, if anything at all!!! (let's all pray for the latter ... after all, a little help from above would be great!)
  12. Per your advice, Coltfan, I googled my judge. Here's the link to the first thing that came up about her!!! What does this tell you about her? Anything?? Judge Steenland suspended following arrest - macombdaily.com A full article Bio about her when she was running for re-election in 2010 (she beat her opposer with 70.51% of the vote): Catherine B. Steenland - macombdaily.com Here's an article about her ruling (although doesn't seem to pertain to my kind of case, I still don't understand what any ruling means, or how it would reflect her dispotion towards other cases): Boniecki v. Stewart et al Document 51 - :: Justia Docs This one is an audio interview with the judge. I haven't listened to it yet because I have to get out of here to file/mail my answer, and get to work. But in case anyone wants to listen, you have to click on her name on this guy's website (she is the first one on the list): Weinberg on The Law As stated, I have to leave so I won't be too late for work again. But I will be coming back on this site tonight when I get home from work, to see if anyone was able to use the above links to glean any insight on this judge. I can also do some searches for the law firm possibly tonight, too. I know I've meantioned their name in here, but their website is RVO Law ... and you can go from there (that is, if anyone has the time or feels they can do so. If not, I totally understand - you guys have already spent so much time helping me!! I appreciate any small help at all!) Well, here it goes .... in just a short while, I will have committed myself fully to fighting this case .... I don't think I have ever been more scared/nervous in my life!!! I hope you all are right about this!!! (otherwise I'm sunk for the now-total of $3,660 they want from me!!)
  13. The problem is, I have looked EVERYWHERE I can possibly think of, and cannot find this court's "activities" ANYWHERE online. Take a look: City of Roseville Michigan City of Roseville Michigan http://courts.michigan.gov/scao/resources/other/interest.pdf And actually, within the 2nd link above, I just noticed, that page gives you the days times available for "viewing civil files." But that's for the files themselves. I can't find anything about viewing anything online. While searching, I believe I saw places to view Circuit Court (felony criminal), Appellate Courts and Federal Courts docket/case information, but nothing at all regarding our District Court (misdemeanor, civil, etc., with the exception of seeing something about viewing DUI cases, which I briefly looked at, noticed it wasn't anything I could use, and clicked out of it, so I don't remember what it was, exactly).
  14. Wow ... that is a really GREAT idea ... I never thought of that (sitting in on cases of my judge OR that of my "plaintiffs" ..... to see how the law firm acts in court and handles different motions would be very enlightening, for sure. Unfortunately, I work days, Mon-Fri, and for various reasons, have run very low on my leave banks ... however, it would be worth it to spend even one or two mornings or afternoons doing it (and which I could probably spare from my leave time) ... I think I may consider looking into whether or not the law firm suing me has any upcoming court dates WITH the SAME judge ... that would kill two birds with one stone (provided something weird doesn't go on the day I happen to visit ... like just a motion to adjourn the court date, or something!!) So how do you go about asking to look at the plaintiff's lawyers cases? I assume you go to the court in person ... is there then a form they ask you to fill out? Do they pull the cases for you, or do you go pull them yourself from some file room? (the latter sounds like it wouldn't be right - to let the public in a file room where they could look at anything they wanted (except what they asked for!) Will there be a listing of the court cases involving the plaintiff with any kind of "summary" as to what the case is about - so that you're able to pick something that sounds similar to yours? Are there any types of hearings you could recommend that would more likely see "action" rather than a short motion or adjournment? Also, what's the best way to "get the word" on your judge? Where would you go, who would you talk to, to get a feel for how she treats certain cases (like, does she despise scum JBD lawyers and rule against them often, or consider them enterprising entrepreneurs - great businessmen just trying to get their due, and rule in their favor more often What does she like to see in a defendant, etc In this particular district court, there are only 3 judges - it's pretty small. And obviously, as I've already learned, the court clerks aren't going to say too much about their judges, or give me any answers, so there's probably no point hanging out there?
  15. OOOHHH ... I see ... so I CAN get this info if I go to the court in person and look at the file myself .... and it's that they are not allowed to state it themselves (either over the phone or at the counter - I'd actually have to LOOK at the file material myself)??? Is that what you are saying??