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  1. Thanks guys! This is a jdb. They allegedly bought it from another jdb who got it from the oc. There is about a month lag between the end of motions submission time limit and trial. It sounds like I should just wait and attack everything at trial? I have been trying to gauge the best timing to limit the jdb's ability to respond or create more documentation to support their bogus case. Thanks again for everyone's support and guidance!!
  2. Thanks 1st Step! I was worried about that! I did not want to call...I agree! Thanks for sharing your knowledge with me!
  3. Bruno, I agree....I'm learning but I still have a long ways to go before I'm a match for you, Coltfan, Seadragon and all of the others who are helping me with this. I truly appreciate the help!! Should I file my Motion to Strike their affidavit before or after the MTC hearing? I plan to file a Motion in Limine after that. The more I examine their alleged proof the more inconsistencies and errors I find! Unbelievable!! Thanks in advance!
  4. Thanks....I thought so. I just wasn't sure if not returning the call would cause me to be violating any court rules. Also, on her voicemail she left details about them receiving my objection to the MTC. Is that a fcdra violation? Just wondering. Thanks again!!
  5. Hi again, I'm hoping for some extra guidance. I filed my objection to the MTC and there is a hearing scheduled for Friday. Now the jdb calls this morning and leaves a voicemail that she received my objection and wants me to call her. The lawyer in this case owns the jdb and owns the law firm handling the case. This is who called me. Questions: 1) do I have to call her back? 2) strategy for a call like this - I imagine she's trying to sneak a meet and confer in before the hearing. 3) Thoughts on strategy for the hearing? Also I am working on getting my motion to strike the affidavit completed and filed. All motions must be in by later this month, so should I do the motion in limine at the same time? Should I request a hearing for these motions? Thanks in advance for any help!!
  6. Thanks Bruno!! I really appreciate the example! I wasn't sure if I needed to go into the case history or not. As usual it seems that brief is better. I will get this sent off tomorrow!
  7. Thanks again guys! Thanks Bruno for keeping me on track! It sounds like my response in opposition should just be simple and to the point stating the rule they violated and asking the motion to be denied. I guess I will save any argument justifying my answers and objections for the hearing if the court schedules one. The jdb requested a hearing but I haven't heard anything from the court yet. I figured I would file my opposition and then call the court in a couple of days to see if a hearing is set. I hope to file my opposition asap. Do you know if there is a deadline to file it? I haven't found anything in the rules that says there is but I know some states do say oppositions must be filed within so many days of receipt. Thanks for the rule Savoir! I checked the affidavit and it was dated over 10 days from when the court issued the original complaint. They did not successfully serve me off that complaint and had to have another one issued a couple of months later but they attached the same old affidavit. Also I have to point out that the jdb admitted they had no personal knowledge of the debt in their discovery responses. I really appreciate you guys continuing to help me! I will post my opposition and motion to strike drafts as soon as I can get them done for your critiques. Thanks!!
  8. Oh I am definately opposing their motion! Can anyone direct me to a good template for an opposition...I need some guidance on format and content?? Also, I'm trying to find when I need to serve my response by. I don't see anything in the Michigan rules yet...unless I missed it. Any help is appreciated!! Thanks in advance!!
  9. Thanks guys for your continued info and support! Do I need to file anything in opposition to the motion to compel? It does seem like they are just trying to intimidate me again. After looking over the stuff they sent I was thinking on the same lines as you both. I had read that same rule about them needing to contact me first before filing an MTC and I was planning to focus on that procedural violation during the motion hearing. Any other suggestions for points to make during that hearing? I am working on my motion to strike the jdb's affidavit. I was thinking of filing it the day of the other hearing so that it will force their costs to rise (their office is approx 3 hours from the court. Any thoughts on this strategy? I will then move to strike the other docs after that. Thanks in advance!
  10. Sorry for not responding quicker, but the jdb sent me another gem in the mail yesterday. They filed a motion to compel against me to try to make me admit I made the payments listed on the statements they have. They also want me to admit I have no documents to disprove their standing. However, they did not follow Michigan rules because they did not try to contact me first to try to resolve the issue before filing their motion. They have requested a hearing in a couple of weeks. BV80, to answer your questions...I am not sure the complete purpose of these "closing statements" but they are one sheet and it states the agreement date as Feb 2011. It then lists seller as chase, purchaser as Turtle creek. Then it lists a file number. Next it lists the number of accounts and then the total unpaid balance, but both of these numbers in no way match what is on the bill of sale for chase. The number of accounts on the bill is over 14000 and on this closing statement it is 7200. In addition on their attached spreadsheet it show my alleged account listed on line 7526. The total unpaid balance on the bill is almost $80 million but is only almost $40 million on this closing statement. Both documents have a chase logo in the corner, but no other address or identifying info. The closing statement also has listed purchase price percentage (line is left blank), purchase price (line is left blank), file creation date which also does not match the bill of sale, closing date (line is left blank) and wiring instructions including beneficiary name, aba (blacked out) and beneficiary account (blacked out). The closing statement from turtle creek to dlg has much of the same info but is laid out in a little table format (apparently someone at the jdb was feeling creative when they were assigned this task). Most of the info is consistent with the bill of sale except the closing date on the closing statement is a few days prior to the file creation date listed in the bill. Regarding the card agreement, after reading closer they actually included two agreements. One is dated May 1997, and appears to be from the original card issuer. This appears to be around the time the account was opened. Also included is a chase agreement from 2008. This agreement has the jams arbitration clause. It also states they will pay all arb costs and it has a survivability clause. A lot of info I know but I would appreciate any help on what my next steps should be. Thanks in advance!
  11. Ok, so in the mail today is a packet from the jdb with their responses to my interrogatories and POD requests. I still have to go thru it in depth but I noticed a couple of points of interest in my first glance thru it. 1) They attached closing statements to the bills of sale that don't match the original bills of sale sent in both the number of accounts sold and the transaction dates don't match. 2) Only witness they list that they intend to call at trial is the owner of the jdb. She is also the owner of the law firm handling the case (I think this is what BV80 was referring to in his post). 3) They included a generic card agreement that has a JAMS arbitration clause in it. 4) They objected to my request for the forward flow agreement. I think a lot of this stuff strengthens the strategy Bruno layed out, but I wanted to hear thoughts about this new info. In particular, any thoughts about the option of electing arbitration thru JAMS at this point. Thanks in advance!
  12. Thanks again guys....I'm starting to get a clearer picture of how to handle this. It sounds like a good offense may be the best defense. I'm doing research like you suggested Savoir on defending an MSD. The jdb did threaten to file one in their pre-trial statement, but hasn't yet. I also will still have to continue to research the case laws and rules to get my pleadings solid. Bruno, is there a hearing on each motion? My trial is scheduled for late Jan and I've heard that judges around here will hold all motions until the day of trial. If this is the case then I'd have to argue them all at once. Which brings the question of when I hit them with these motions so as to give them as little time as possible to prepare a counterattack. I agree totally on that you live and die by your writings in these cases. Any threads or sites you can point me to that help my research are most appreciated. I'm having a hard time finding much Michigan caselaw. Thanks again in advance!!
  13. Thanks guys! Hopefully I can get that win like Tully & Arn! Savoir, why would they come at me with a Summary Disposition Motion...just to try to trip me up and get a judgment before their admission comes out at trial? Any tips on defending this or directions to good threads for advice? Bruno, I like the plan you laid out. Are there any possible obstacles I could run into with this plan? What would happen if I went with this plan and the jdb filed a Summary Disposition like Savoir suggested? Just trying to see all possibilities so I can make an informed decision. Thanks so much for all your help!
  14. So, MSJ may not be the best option. Should I file a MTD, a MTC or just wait for trial? I'm really not sure the best path to follow from here. As BV80 and Savoir said, I think that their admission pretty much kills their affidavit and other evidence. Both me and the jdb filed copies of our discovery requests and answers to the opposing parties' requests with the court, so the court should have this admission now in their file. Any ideas on what to do next?? Thanks in advance!!
  15. Thanks for responding. I couldn't believe it either. There was no court orders demanding them to answer - I hadn't filed any MTC. This came as their normal responses to my discovery. I notice that thdy wrote and mailed it on the last day of their response period. Could they have just been hurrying and messed up by not reading the question? I'm not sure the best next step and welcome any advice on strategy. The trial is set for late Jan. I'm not familiar with MSJ by defendant - pros and cons? Thanks in advance!