RaRa

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About RaRa

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    Newbie

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  • Location
    Michigan
  1. I recently had a paralegal file a Chapter 7 pro se on November 4, 2013 and it was dismissed on November 22, 2013 due to the Declaration under Penalty of Perjury form for pro se not being filed with the packet. I never received anything in the mail stating that that there was a missing document that I needed to file. I received the letter of dismissal on November 29, 2013. Since I have found out that I will have to liquidate my property that I live in to pay creditors so I have no interest in re-filing or re-opening. It was on my credit report as an open bankruptcy because I began to receive l
  2. Not sure how it got to judgement. This is the first that I have heard of this. I do know that they are saying it is for a credit card that I had some years ago.
  3. Yes, it looks like it. The court order was dated 1/9/13 by a judge, but I am just now getting the paperwork.
  4. I recently (5 days ago) received a court order in the mail dated December 2012 and signed by Judge 1/9/13 stating that Asset Acceptance could take my state income tax. I filed my 2012 taxes and they were kept for driver responsibility fees. I didn't file my state taxes from 2011 because of this reason but was looking to file them now because I already paid the driver responsibility fees. Asset Acceptance is for a credit card that I had in 2009 totaling $000. My check was garnished for more than the amount of the credit card balance and now they are saying that I owe them another amount that wi
  5. Wow! Thank you. I don't really know what I am doing... I did send all of that and now I just received the court notice to appear trial is in 3 months. I don't know how to fix this especially if you say that everything that I have done thus far will get me beat up. How can I recover from what has already occurred. I am reading civil procedures for MI now.
  6. Oh and as soon as I sent off discovery they immediately sent me a MSD, an alleged bill of sale & statement, also a faulty affidavit but no response to discovery. I'm still reading court rules and will post what I asked for in discovery.
  7. In this post I will put the questions they asked and under how I answered them. I really hope that I'm not providing too much info. If so please let me know. I don't want to tick anyone off or waste anyone's time or forbid alert JDB. 1.Do you admit that you applied for credit account XXXXXXXXXX? Defendant with reasonable inquiry cannot confirm the alleged account and to the best of memory and without proof does not remember applying for nor using alleged account, furthermore, the information known or readily obtainable is insufficient to enable to admit or deny this request. 2. Do you admit t
  8. I didn't mention that the sworn denial was notarized w/certificate of service. The counter affidavit was notarized and everything was sent Certified mail. I hope that I am not giving too much info but want to make sure that I provide enough information for assistance. I'm just trying to learn!
  9. First let me say thank you for your time and assistance. Starting from the beginning here is how I answered the summons and complaint: ANSWER CIVIL Now comes Defendant, RaRa, Pro Se, who denies the following paragraphs of Plaintiff’s Complaint: 1. Defendant denies allegations in Paragraph 2 of the Complaint. Plaintiff has provided no evidence to show that **** is the original party of interest or that Plaintiff has assigned all rights, title and interest to the alleged **** account. Defendant puts Plaintiff at strictest proof thereof. 2. Defendant denies allegations in Paragraph 3 of the Comp
  10. Ok. I am going to post here what I requested from them in discovery so that you can see if I asked for and how I asked for it. I will research to see how to do a motion to preclude. On to reading MCR 2.401 G & H!!!! Can I do all three suggestions simultaneously; motion to preclude, motion to have their non-answers to my interrogatories deemed admitted and file a trial brief or will it be overkill?
  11. Thanks Savior! During the pre-trial, summary disposition, settlement conference (again all scheduled on the same day per the court notice to appear) the judge basically told JDB that they needed something linking me to the credit. She gave us another court date which I had earlier this week in which it was moved to trial. I'm still cloudy as they did not even respond to my discovery. I know that I am to object to any & everything but what do I do regarding them not completing discovery? It was supposed to be completed within 60 days of mid Feb. Also, how does this impact me in creating a s
  12. I really need some help in preparing for trial when I never received discovery back from the plaintiff. I am in deep uncharted waters.......I don't have a clue as what to do. Is it too late for me to motion for discovery? I answered summons to complaint from Midland. We had a pre-trial conference and settlement conference in May 2012. During this the judge informed Midland lawyer that they needed to have something linking me to the credit (they have a bill of sale and a customer account electronic record). So we were scheduled for another settlement hearing that I had on Monday. The Judge orde
  13. Thank all of you so very much!!! I don't want to miss or mess anything during trial. You guys have a lot more experience in this so I will be needing your suggestions or promptings. I want to have all my ducks in a row because I want to WIN and let Midland know that the buck stops here!! I'm feeling more hopeful with you all coaching me. When I first received the summons I answered it with affirmative defenses basically denying everything and putting Midland at the strictest proof insisting that they provide contract, account statements, purchase receipts etc. I mailed my answer to the summo
  14. Thanks Lady Hunter! When we went to court this morning the judge asked me what my defense was do I just use the affirmative defenses that I sent previously. Basically, Midland has purchased some debt from CIT Bank for a Dell computer. They submitted a copy of an electronic record printed by them but maintained and provided by Dell Financial Services. I need assistance on who to prepare for trial or what my next steps are.....I am not well versed with this. Please help me.