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About buddyapple

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  1. Hi all, Here's what I have so far. Let me know your input and suggestions!! Best, ba DEFENDANT’S OPPOSITION TO MOTION FOR FIRST ADJOURNMENT OF NON-JURY TRIAL NOW COMES the Defendant, , by way through self representation, who hereby responds to the Plaintiff's Motion for First Adjournment of Non-Jury Trial, and states to this Honorable Court as follows: STATEMENT OF FACTS The Plaintiff has filed a Motion for First Adjournment of Non-Jury Trial with the court. This motion was prepared on July 18, 2013, and presented to the court by way of a fax transmittal on July 24, 2013. A cop
  2. Hi bmc100, Being that the Judge made the motion to produce this time (I had to post $500 bond), how would I type this up? Or would it be a verbal with a request to Dismiss with Prejudice based on their repeated non-compliance to production requests? Would I file an opposition (unless I were to combine it with my Opposition To First Adjournment filing, but don't know quite how i would merge the two), or would I be filing a Motion to Dismiss on Grounds of Failure to Follow Court Order?? Thanks Again, ba
  3. Thanks, Savoir! So when I go before the Judge on Monday, if he doesn't dismiss it based on the Plaintiff's continued refusal to produce (or even acknowledge the request was made) the documents the Judge has asked for, and decides to allow the trial to go forward (with or without granting the "Adjournment"), I need to make sure when he brings up the Non-Production issue, that I make sure I ask the Judge to preclude any documents other than what is currently filed in the matter. Just want to be sure I have it right, Thanks, ba
  4. Thanks, bmc100!! Putting together the objection now. Also, should I file a motion for dismissal based on them not producing the documents via the court order? Or do I just address it when the Judge brings it up at the hearing on Monday, since the Plaintiff will have to give their excuse for refusing to respond to the court order, and instead replying to it by filing a Motion. This is exactly the same tactic they pulled on me back in June when I filed my discovery request for the same documents. They ignored my request, didn't respond to it in any way, and instead filed a Motion to Strike m
  5. Hi Everyone! Savoir - Thanks for the info. It just irks me that they supposedly prepared this motion on the 18th and sat on it for 6 more days before rushing it out, figuring I wouldn't have time to file opposition and get it granted that way. I believe in MI they are supposed to mail 7 days before or deliver by hand 5 days before. If that's the case, they mailed it 2 days after the deadline. Again, your input has been so helpful bmc100 - I will do that. if you or anyone else could help guide me with structure that would be of great help. And thanks to you for your valuable assista
  6. Hi again all, shellieh98's post brought up some great ideas, and got me thinking about something: Was just wondering why they would date their motion on the 18th but wait until the 24th to file with the court. I received it on the 25th. Court is the 29th. There's not enough time to file a proper opposition 5 days hand delivered or 7 days mailed to Plaintiff.. SNEAKY!! Let me know if you think I have grounds there as well. Any help in putting an opposition together by Monday would be an answer to prayers! I think if I at least submit something to the Judge Monday morning I can let h
  7. Hi Everyone, Ok. Today was the 10th day for the Plaintiff to produce documents. Here is what was FAXED to the court yesterday, and overnighted to me on the 9th day: Notice of Hearing Please take notice that Plaintiff's Motion for Adjournment will be brought at the court July 29th 2013. PLAiNTIFF'S MOTION FOR FIRST ADJOURMENT OF NON-JURY TRIAL NOW COMES Plaintiff, xxx, by and through it's attorney, xxx and for it's Motion For First Adjournment of Non-Jury Trial and states to this Honorable Court as follows: 1. Neither party has previously requested an adjournment. 2. Plaintiff
  8. Hi all, Haven't been able to get back here in a few days, so I've just caught up with the responses. I did get a call from the law firm 3 days after I posted the bond money. I missed the call, they didn't leave a message. Should I bother calling them back or just let it play out? bmc100 - my case is not the one you were thinking of. But still, I hear you on the judge and the finding on standing. His opinion was that if they can prove that it's actually my debt, that they have shown enough to have the right to proceed. But he wants them to produce documents based on my not recal
  9. Hi all, Went to court Monday. There was a different rent-a-lawyer than the first time. He asked me if I wanted to talk. I said, "Sure, why not?" He was a little more agressive with me, saying "Why don't you just settle?" I told him I don't recall the card they are claiming debt on, and he looked at me and said, "Come on, you're gonna lose", but I kind of just walked away and said "Let's just let the judge do his job", and went back to my seat. Anyway, Judge came in, and the lawyer was a little overly friendly towards the Judge. I know the Judge a little, and I don't think that was an
  10. Hi BTO429, Great to hear from you on this as well! Thanks for the tips. I believe in their original they may have stated a breach of contract or agreement, and have since decided to use the account stated wording. Attached a "Bill of Sale" page (final page with HSBC signature only) and generated their own "page" listing the alleged account and my name (conveniently near the middle of the page) with numerous others x'd out. Getting ready to put together my opposition. I thought I saw an example one here somewhere. Just in case I can't locate and one of you comes across it, post th
  11. Savoir, Thanks for the info! I'll check with the court and verify. Best, buddyapple
  12. HI bmc100 and Savoir, Like I said, no matter HOW painful, constructive criticism is always appreciated! bmc100 - yep, that's my counter-affidavit. I know, I look at it now and it's pretty painful. Realize now it should have been "I have no documents listing the alleged account" etc. But, it is what it is at this point. Just wondering what to do from here. Court date for MSD is 7/15. All they have supplied is the last page of a "Bill of Sale" from HSBC, and are trying to piggy-back a single page, generated by AA, with a bunch of x's and right near the middle of the page (Psychology 10
  13. Hi shellieh98 & Savoir, Good to hear from you. Hope you are doing well. shellieh98 - Thanks again for the help with the discovery req. Even though you're not in MI, your input is always insightful and helpful! Savoir - No response to discovery as of yet. I'm thinking that since their motion was dated June 7, that's a week after they received it. I think they're trying to push the motion through because they CAN'T produce the OCA , statements showing I actually used it myself, etc, and don't want to produce the full Purchase Agreement and Bill of Sale- give me your input and thoug
  14. Hi everyone, Just received a letter from Asset's Law firm with a court date of July 15th. Plaintiff's Motion to Strike Answer and for Summary Disposition. They want theirsubmitted paperwork to be Prima Facie evidence, stating the Defendant failed to state a valid defense and failed to file a counter affidavit to theirs. I had sent a Discovery request on the 25th of May requesting the Cardmember Agreement and proof of Initial transactions, along with documents showingdefault date, charge-off date, the Purchase Agreement and Bill of Sale. It's ironic that they filed their Motion on J