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Found 7 results

  1. I provided the State of Michigan court (e.g., state district court) with an answer to a complaint brought against me by Midland Credit Management LLC. The answer to the complaint also stated my affirmative defenses which were: (1) Stale Affidavit pursuant to MCL 600.2145. I am relying on this affirmative defense because the affidavits provided by the plaintiff were over 200 days old which is beyond the 10 day timeframe in the state of Michigan pursuant to MCL 600.2145. (2) Arbitration Agreement Bars Bringing Suit. I am relying on this affirmative defense because after looking over th
  2. Hello all, I've been sued by Midland Funding LLC with the help of Kohn Law Firm in Outagamie County, WI and am at the stage where I need to respond to their Motion for Summary Judgement. They provided a 'Bill of Sale' and 'Affidavit of Sale of Account By Original Creditor' signed by SVP Sean Cooney of Citibank (the bank of the alleged purchased account) along with an 'Asset Schedule' where they blacked out information pertaining to them having 'sold a pool of charged-off accounts' as stated in the affidavit. They also included an affidavit of a MCM employee stating she reviewed electronic
  3. While out of work we got behind on our HOA assessments. The HOA Board (our neighbors) decided to file suit against us 4 months after a payment had been made when all that was owed were the 2013 assessments and a few late fees. The excessive collection fees, attorneys fees and late fees added up quickly. So we added fees (about $3000) into a Chapter 13 that was really filed just to get our mortgage lender to modified our loan. That strategy worked and this past August our mortgage lender modified our loan so we ended the chapter 13. At that time we also began trying to negotiate with o
  4. I've been pro se defending my case against one of the bigger JDBs, the turnip-squeezer. I entered a Motion for Dismissal after three failures by the JDB to provide the specific documents requested. I received a letter from the court a few days ago. The name and address on the envelope is mine.The name and address (and that of the lawyer) in the "Copies to" line is mine.The defendant listed at the top of the Summary Judgment is SOMEONE ELSE ENTIRELY.The case number is SOMEONE ELSE'S.The name and case number are not even remotely close to mine, nor are they anyone with whom I am associated.(Th
  5. I just called the courthouse, and the "closed administratively" entry from yesterday was a granting of the MSJ. Now, I will need to appeal. Too upset at the moment to do anything but be upset, so will look up costs of appeal, and get funds out of joint account. EDIT: Jeesum. Just to file the appeal is $550. WTF.
  6. NOTE: THIS IS LENGTHY, AND I'VE TRIED TO FIND ANSWERS TO THE ISSUES I'M FACING ON THIS FORUM TO NO AVAIL. PLEASE BEAR WITH ME! I PROMISE THIS WILL MAKE FOR GOOD READING Hello, I received a summons from Midland in December. Shortly after they filed the lawsuit, the notorious NJ DC law firm, I'll just call them "P", called me and told me if I set up a payment arrangement, the lawsuit would "go away." At the time, I agreed to the payment arrangement. A couple of days later, they sent me a letter, dated December 26, 2013, saying I had to sign and return the agreement BY MAIL no less, by
  7. Hello -- I am a newbie here so if I am in the wrong place please let me know and I will make the correction immediately.My question is simple I am pretty sure---I am in Texas and I had a debt collector get a summary judgment on me (they were tricky--they hid the hearing date from me so I was not in attendance). I made a motion for a new trial and it was granted. I have looked everywhere and cannot find anything about what my next move is. I found one appeals court case that said getting a new trial granted is like starting all over again however---I doubt the debt collector is going to serve