MIFighter

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About MIFighter

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  1. Also, one other idea that was pointed out to me. The plaintiff included a Credit Card Agreement with their documents, in the included Credit Card Agreement, there is a paragraph about Arbitration. When and how should I play that card? Can I wait until, heaven forbid, I loose, can I then choose Arbitration? Or do I have to choose it before the case is determined?
  2. Here's where I'm at, Michigan Law is 6 years (unless someone can fill me in on what or how to get the court to use Delaware's laws). Three payments are on the monthly statements and were made in 2007. However the amounts "recorded" on the account were for small odd amounts, 2 months in a row for $111.10 and then one for $50. When Chase sent the subpoenaed documents to the Plaintiff they did not send copies of the supposed checks that were received. Those 3 supposed payments are what would be keeping the SOL from running out. According to the monthly statements, the last charges on the acc
  3. Oh, I forgot to add, they filed ANOTHER Summary Motion to Dismiss which I have to battle AGAIN!
  4. Hello Gang, It's been a bit and things have progressed… To catch you up. I showed up to the defend my "Motion to Set Aside the Summary Judgment" and surprisingly, the judge said okay, you missed the date, obviously you were prepared as I have a well written brief (Thank you everyone!!!). He said it looks like the plaintiff has not shown cause, and he overturned their MSD/MSJ and told the plaintiff that unless they come back with a signature on something they don't have a leg to stand on. The plaintiff asked for more time for Discovery and the judge said yes. The plaintiff subpoenaed the cr
  5. At this point, "gee, golly" is about all I have. I was so upset when the court clerk delt me the bad news, I was flabergasted! I asked her what I should/could do and after looking around, she slid a "Notice of Hearing and Motion" form across the counter and said, "Aside from that" and pointed to the "We aren't allowed to offer legal advise" sign. As fast as I could, I hand wrote in my best chicken-scratch "Motion to set aside summary disposition" and in it I went on to explain that I was there at the court on the correct day but that I never received a notice of the hearing and I am throwin
  6. The date the court clerk gave me for my "Notice of Hearing and Motion" (with a date and time on it), is to hear my Motion to Set Aside the Motion I missed; not to rehear the MSD/MSJ. If anyone has any experience overturning a Judgement, I would really appreciate it. I don't know if it's required, but I never received a "Notice to Appear" (MC06) or "Notice of Hearing" (MC07) - which is what I was expecting. There wasn't one sent by the sleazeball attorney with the Motion for Summary Disposition, and the court did not send one either. I'm guessing I can plead, "Due Process" or am I off bas
  7. Has this happened to anyone? Any suggestions or ideas how to proceed?
  8. Thank you SDJ! Here is what was in the original complaint. They are claiming Breach of Contract. I take it that's good for me? So, I can make them/ask them to produce a signed contract?
  9. Their Account Statement and Sworn Affidavit are signed 8/31 and the suit was filed on 9/7. It was easy for them to do that as the Account Statement is just a sheet of paper a 5th Grader could do in Word, and the person Swearing Under Penalties of Perjury was the former office manager of the Law Firm and has been promoted Manager of the JDB. What a surprise. I did file a counter affidavit, but I filed it with my answers to their discovery. It was not within 10 days. I did however file the original with the court house and I did have a certificate of service filed. I know that hurts me a bi
  10. Okay… help me out here… what a mess! Below is MCR 2.116. Plaintiff filed a Motion for Summary Disposition using paragraph C 9 & 10: (9) The opposing party has failed to state a valid defense to the claim asserted against him or her. (10) Except as to the amount of damages, there is no genuine issue as to any material fact, and the moving party is entitled to judgment or partial judgment as a matter of law. So, they are saying I failed to state a valid defense to their claim -- but I did give a list of defenses when I filed my answer to the original complaint. 2.116, paragraph (E) Cons
  11. Thanks BV. So, it looks like I'm not on the right track. What should I be pleading? What should I be focusing on? Thanks.
  12. This is daunting... I don't even know where to begin.... Well, actually, it looks likt it's best to start with MCR 2.116. Yikes. And I did plead affirmative defenses in my answer to the summons -- so you are saying they're just dismissing them? Do I restate them in my answer? Do I need to add more to them? Do I or can I add other defenses? Did I miss any? This is what I listed: II. AFFIRMATIVE DEFENSES Defendants other defenses are: 1. Plaintiff Lacks Standing. 2. Plaintiff violated MCR 2.105, MCR 2.104(A)(3), Alternate Service failed to specify date and time of service and the process s
  13. Hi Everyone, Need help answering this, HELP? What do I do? Do I file my own motion to dismiss? Discovery is not done yet. Do I answer it saying we are still in Discovery? Do I file my one motions to strike evidence? Help please.... Here is what I received: STATE OF MICHIGAN IN THE xxND DISTRICT COURT-2ND DIV. FOR THE COUNTY OF CAF, LLC, Plaintiff V Defendant(s). Attorneys for Plaintiff MOTION FOR SUMMARY DISPOSITION Now Comes Plaintiff, by and through its counsel, X, P.C., and moves the Court for Summary Disposition and states the following in support of its Motion for Summary Disposition
  14. I did not. I mostly answered: xx. Defendant objects to and denies the allegations contained in Paragraph xx of the Complaint as Defendant is without information or knowledge sufficient to form an opinion as to the truth and accuracy of alleged assignments and entitlements.
  15. Oh man, I am so glad this board is here. I totally misinterpreted what they were asking for -- "For each allegation of the Plaintiff's Complaint to which you have denied, provide the complete factual and legal basis for the denial and provide and explanation of all evidence Defendant will rely upon to support their position." I thought they meant when they said, "to which you have denied" they were talking about this document, the discovery document; Duh! They meant the original complaint. In the original complaint, I denied each allegation. So, do I now have to provide legal basis for ea