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  1. Hi All, I had been fighting Midland and Stillman for a few months when I discovered this forum today. I had my motion to strike their bogus affidavit denied in court today and I'm wondering what my next steps should be. 1. Who is the named plaintiff in the suit? Midland Funding LLC Assignee of GE Money Bank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Stillman Law Firm 3. How much are you being sued for? Around $900 4. Who is the original creditor? (if not the Plaintiff) GE Money Bank 5. How do you know you are being sued? (You were served, right?) Received a noticed of default judgement forwarded in my mail 6. How were you served? (Mail, In person, Notice on door) Was never served, although a process server provided an affidavit to the contrary 7. Was the service legal as required by your state? No, the process server stated he served me personally, but I moved from the address two weeks prior to when he said he served me. Not so coincidentally, it was supposedly on the very last day the summons would have been valid. Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Michigan, Wayne County -- Oakland at the time of Summons and Complaint 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2009 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Suit served? Motions filed? You can find this by calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Default judgement granted, motion for dismissal of default judgement granted "process servers lie" says the judge, he also said I had 21 days to answer, I did and also filed motion to strike affidavit of MCM employee attached to complaint, motion to strike denied today, now going to pre-trial. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Already answered, waiting for pre-trial notice. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Summons and Complaint, affidavit of MCM employee claiming to have personal knowledge of MCMs accounts.In response to my motion to strike, they sent a brief stating that the affidavit was not evidence, but merely an attempt to establish a prima facie case and without it they would just have to prove their case in the usual way. During my hearing today the judge said that he liked where I was going when I told him that I wanted to strike the affidavit because they had no standing to sue, but that they were right about the affidavit not being evidence and that he would have granted my motion to dismiss if I had filed one instead of that motion. Now I'm wondering if it's too late to do that now that it's going to pre-trial. I was all prepared to request discovery knowing that they don't have squat from the original creditors when I 'discovered' that Michigan doesn't allow discovery in small claims until judgement or at the judge's discretion (I asked him about this in court and he basically said no, that comes later). I've done so much research, but now I'm not sure what to do next. Advice anyone? Thanks in Advance
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