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Michigan Pre-trail Conference Tues. Ducks in a row?


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So my pre-trial conference is for Tuesday morning. I am working on my interrogatories, discovery, and admissions to turn in at the conference. I am also prepared to argue over the Motion for Summary Disposition, even though it is breaches MCR being heard before my 28 days of being served is up. I am nervous but I am trying to write out everything I will need. Questions, defenses, case laws, to argue my points I have brought up in the Answer to summons and complaint, opposition to summary judgement, and my motion to strike the bille of sale, statement, affidavit, and cardholder agreement. I am hopeing things go smoothly. I was never served with papers saying they are going to use communication equipment so I am going to argue that I was supposed to be served 7 days prior to the hearing in order for them to be able to use it. There is a clause that states if the judge feels there is a good reason to use communication equipment then it is allowed withouth the 7 day notice. Does anyone have anything I can fight this with? I mean can they say that the travel was a hardship for them? they are the ones who took the case and filed the suit knowing they are 8-10 hours from where the case would be heard.

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That is why they filed the MSJ, so they do not have to travel multiple times. If it is a rent-a-lawyer, then the ball is in your court. The lawyer will not be the smartest person in the world with very limited resources or information on the case. If that is the case, the ball is in your court. Argue as much as you can, then when the judge will turn to the rent-a-lawyer and ask if the Plaintiff has anything to say or if they have authority to do anything. The rent-a-lawyer will say they have no authority. The judge should turn back to you and say motion granted.

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Are you sure they are coming up from Troy? more likely it will be a rent a lawyer from nearby. Thy pay them 100 bucks to be the warm body at the hearing.

If so I doubt they will be prepared to do much of anything.

You are so right. To see how bad it is, my buddy was sued twice on the same debt by "Citibank" both cases dismissed. Buddy's wife gets sued, Buddy goes to pretrial conference, Plaintiff has nobody there, but since wife is not there, court clerks go out and pull in a rent a lawyer to stand in for Plaintiff, GRANT a default judgment, illegal as Magistrate cannot grant a default judgment sua sponte, but so far it has stood although now under Appeal. Stay tuned. That's a bunch of crap pulling somebody in who hasn't filed a pleading in the case or anything. Clerks told buddy that is normal for out of town law firms to pull in local attorneys to sit in for them. The stench of the debt collection industry.

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I have no confirmation as to if they are showing up, requested communications equipment or if they have a rent a lawyer. I am planning to argue as much as possible.

If the judge accepts my motion to strike the evidence I will ask that the complaint be dismissed with prejiduce.

However, I think because I am asking for interrogatoreis, admissions, and further discovery of documents the judge is going to give them 21-30 days to provide the answers. We shall see.

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Discovery in mine was set for 90 days, which when you consider all of the game playing that goes on even that is not enough time, they just don't care how much time this drags on for, they don't have anything invested into it not like we do, it doesn't interfere with their lives or force them to decide between paying the rent, buying food, or filling up the tank.

its just a file to them and thats all they care about. clearing out the pile of files they have in front of them and moving on to the next one. They are going to get 25% of the settlement or judgment in fees (if they can even collect on the judgment)

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