peanutrs

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Everything posted by peanutrs

  1. Pretrial is pretty much a meeting to discuss if this could be settled.. If not, a time-frame is set for discovery period etc. Good luck, stay strong, be confident ! Make them PROVE they OWN the debt ! (which they won't/can't)
  2. " from the date of execution of this Agreement".... That being stipulated... you shouldn't have to go back and redact anything... IMO... CONGRATS on Your VICTORY ~!!!
  3. Congrats ! Great job... !!! So very happy for you. All that hard work and persistence paid off! You ROCK ~!
  4. I believe when anyone files their "witness list" it is to include address and phone... just saying.
  5. You need to file an answer to the complaint. Also, I would include a Defendants affidavit denying their claims, include it with your answer. bmc100 has the proper way to answer the complaint (particular in MI ) on his thread http://www.creditinfocenter.com/community/topic/318271-those-being-sued-in-michigan-by-a-jdb-step-by-step-in-defending/
  6. Now you know what to do, if you ever have a JDB come after you again. You can also pay it forward in here to others and help them as well.
  7. I would dare to state that all of the "evidence" will be unauthenticated as well. LVNV did that to me, received a amendment to their MSJ and was about 20 papers all of which were NOT authenticated. Hang tough and prepare to argue the point of unauthenticated documents and also proper time to view the alleged docs IF they produce any.
  8. I wouldn't worry about it too much... From your previous posts the Plaintiff doesn't have the documents to prove their case. REMEMBER: The Plaintiff must prove they OWN the debt, and the Plaintiff must prove you OWE the debt. The Plaintiff never sent you questions to answer or request of docs?
  9. Whenever you don't agree... you will want to do an objection. Object verbally. As, if you lose, and want to appeal.. you need to have something that you objected to, to possibly have grounds to appeal.
  10. Just saying, looks like Plaintiff still doesn't have any documentation/proof with your Name acct number etc.. Bill of sale and only shows they sold something on a certain date. You are posting right now.. BOTH .. what Plaintiff's Request of Admissions along with what you are crafting the Defendants Request as well ? . just saying, it is a little confusing. Might want to consider putting the name of the affiant of the affidavit on the witness list...
  11. A Deed of Trust should have been a notarized document... Was it notarized properly ? Also was the deed recorded at the register of deeds? Deeds of Trust ARE pretty much . the holy grail. Not unless you could prove that it was fraudulent in some way, or that it was signed under duress etc. The notary should of been called as a witness, or you could bring that up. Like CC ... there is a chain of title, and the Deed of Trust is part of the chain of title... You could go to register of deeds and make sure that the chain of title is complete. Or you could hire a title company to research it
  12. When do you go ? You DEFINATELY want to rebuttal ALL of their "alleged evidence". In my case, the day before, Plaintiff filed an amended MSJ... In it was about 20 pages of UNAUTHENTICATED info, each page had a little bit of info about me, charge of date stuff, etc. On those same pages where tons of redacted information. Also, No letterhead, no affiant, etc. I didn't get time to rebuttal in writing, but definitely argued it at the hearing. Just giving you a heads up.. in case the Plaintiff does the same thing to you... Also, it took the Plaintiff about a week or so before I received the Stip
  13. They offered me WITH prejudice. I would request it... I believe Plaintiff can dismiss the case at any time ....with or without you. But if you sign a stipulation, then you are in agreement with the terms of that stipulation and surrender your rights to bring legal action against them for any violations they may have made... So, I agree with bmc, ask an attorney's opinion, BEFORE you sign the stipulation. But then again, if you don't care...just want it over, and don't plan on going after them for violations... I would sign the darn thing ~ ! (is what I did) and I'm very glad it is over
  14. Sounds GREAT ~ Congrats !!! ... was a good day for you. I agree with bmc100, they won't come up with the documents the judge is requesting... Be watching your mail for a Stipulation to Dismiss offer from them... That is what I got from them after I won my MSJ...
  15. Here is a very good link on iterogs, POD, etc...here at CIC by AntiqueDave, he's from Michigan as well. http://www.creditinfocenter.com/community/topic/307901-iterrogatories-to-utilize-when-dealing-with-an-oc-or-jdb/
  16. Goes to show you that the Plaintiff never even bothered to read your answer to the summons and complaint. Good for you... They are relying on the fact you did NOT submit a Counter Affidavit... and YOU DID ~ ! lmao Just make sure you orally argue that fact as well in court. Sucks being the Plaintiff... wish I could be there.
  17. I would also suggest your read Coltfan1972's thread on Standing
  18. Your case is almost identical to mine..(except for I had SOL) My Op MSJ addresses these issues. IMO.. LVNV is just using their standard MSJ template. They are hoping you are bombarded with paperwork, don't reply and trying to win again by default. Their BOS does NOT refer to Defendants name, account number etc. Plaintiff's BOS only states that some accounts were sold to someone and that someone sold them to LVNV.