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Pre Trial Tomorrow, No answer to Motion for summary, is it too late?


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I have been kind of busy and very discouraged about my case against LHR INC.

IN response to my Complaint Answer, they have answered my answer with a few pages of statements, which still doesn't have the card member agreement or signature of mine at all.. I have a pre trial tomorrow.

I need info on this Pre trail Questionnaire like how to fill it out?

I am so lost, but I am very very ready to go full speed

AM I TOO LATE for answering the motion for summary, and re answering the complaint? HELP PLEASE!

Also what should I do since they just sent me copies of a statement, which is probably true, but has no signature OF MINE ANYWHERE?

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The actual agreement and signature that opened the account. Shouldn't they have that to prove that it was ME that opened the account?

Did you actually sign an application? Many times, there's not an application to sign. There's only the cardmember agreement, and we don't sign those.

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Guest usctrojanalum
The actual agreement and signature that opened the account. Shouldn't they have that to prove that it was ME that opened the account?

Nope, this is a myth. In order for them to prevail, they will need statements with copies of your payments on those statements. Now, they don't always have this, which can be hugely in your favor.

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Nope, this is a myth. In order for them to prevail, they will need statements with copies of your payments on those statements. Now, they don't always have this, which can be hugely in your favor.

I see a section that says payments and other credits on the statement but there are not copies of payments, What do I have to do?

Should I try and settle? and how would I?

This paper is a Quick look Account summary.

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Hate to be a nay sayer, but why would they settle when they have you against the ropes. It this point, they would likely only accept a "Stipulated Judgement", which is still a judgement.

If the pre-trial is tomorrow, find the time to respond. Post the questions in this thread if you need help.

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Did you file your own affidavit?

What evidence have they filed with the court?

If anything has been filed, I'd file a motion to strike, tomorrow, supported by case law from your state.

If they haven't filed anything yet, I'd have it ready as they will probably try and use it tomorrow.

Be prepared! xdancex

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Did you file your own affidavit?

What evidence have they filed with the court?

If anything has been filed, I'd file a motion to strike, tomorrow, supported by case law from your state.

If they haven't filed anything yet, I'd have it ready as they will probably try and use it tomorrow.

Be prepared! xdancex

So far they have filed Notice of hearing, Motion for summary disposition, brief in support an affidavit in support for summary disposition and a quick look account statement.... I am at the end of my rope

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PLAINTIFF'S MOTION FOR SUMMARY DISPOSITION

NOW COMES Plaintiff, LHR, INC, by and through its attorneys, tom, dick & harry, PLLC, and for its Motion, pursuant to MCR 2.116(I)(1) states as follows

1. Plaintiff entered into an agreement with Defendant for HSBC (GM FLEXIBLE EARNINGS) Credit Card, Account Number (card number).

2. Plaintiff filed suit against Defendant on XXXXX in the amount of 944.87, which amount included interest, plus interest to date of judgement for credit services provided.

3.Attached hereto are copies of statements for the account which is the subject matter of the case at bar (SEE EXHIBIT ''2")

4. Said Statements support the balance Plaintiff sued for.

5. There is no Genuine issue to any material fact.

6. Defendant has not provided anything to show that a different amount is owed.

7. Pursuant to MCR 2.116(I)(1), this Court shall render Judgment without delay.

1. I didn't enter into an agreement with LHR.

2. WHY DO I HAVE TO PAY WAY MORE FOR SOMETHING THAT HAS PROBABLY BEEN SOLD AND WRITTEN OFF ON TAXES FOR?

3.Yes I can see me shopping at these stores 5 years ago, but it still doesn't show me any proof of an agreement between ME and them.

4.If this is truly mine can I use my credit report results to prove otherwise and pay only that amount?

5. WHAT THE HELL DOES THIS MEAN?

6.Again, can I use my credit report results

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Is the plaintiff the original creditor?

Did they file an affidavit in support of their claim? If so, was it done within 10 days of when the complaint was signed. There is MI case law to support that. MCL 600.2145 which states, "Any affidavit in this section mentioned shall be deemed sufficient if the same is made within 10 days next preceding the issuing of the writ or filing of the complaint or answer".

There are so many questions that we would need answers to, in order to help, but I'm afraid you came too late.

From what I am understanding, it sounds like you are saying that you did not have an agreement with the plaintiff.

Was the account with an original creditor that sold the debt to the plaintiff?

You could check on your credit report and find out if it was sold/transferred.

If this is not the original creditor, they need to show a bill of sale from the original creditor to the plaintiff. And your name/account number should show as one of the accounts listed as within the sell of the debts.

If it does not specifically have your name/account number, you can use the following case law to strike it -

UNIFUND CCR PARTNERS v. RILEY Court of Appeals of Michigan (2010) "Although plaintiff submitted a copy of a bill of sale executed by Citibank, it did not provide the portion of the assignment that indicated that this specific account was one of the accounts being assigned.Because the assignment occurred through the contract, absent evidence of the contract showing the specific assignment, the affidavit containing plaintiff’s employee’s bare assertion of the assignment is insufficient to establish factual support for plaintiff’s claim that it acquired defendant’s account by assignment."

Odds are it was sold in a bundle and there won't be any identifying information to tie your name/account number to the plaintiff.

Also, anything they submit, must have a certificate of authenticity under MCL 600.2131

Written instruments; proof; acknowledgment. Sec. 2131.

"Every written instrument, except promissory notes and bills of exchange, and except the last wills of deceased persons, may be proved or acknowledged in the manner now provided by law, for taking the proof or acknowledgment of conveyances of real estate, and the certificate of the proper officer endorsed thereon, shall entitle such instrument to be received in evidence on the trial of any action, with the same effect, and in the same manner, as if such instrument were a conveyance of real estate."

Also, are the documents originals or copies? If reproductions, they must be accompanied by the required certificate as stated in MCL 600.2147

Business record prepared or entered in regular course of business; reproduction as evidence; delivery of copy to adverse party. Sec. 2147.

"Notwithstanding any law of this state to the contrary, an individual, firm, association, or corporation may introduce in evidence at a trial or hearing before a court, officer, arbiter, referee, board, or tribunal, a reproduction of a business record of the individual or institution prepared or entered in the regular course of business, the original of which would be admissible in evidence, including an existing record and including, but not by way of limitation, a check, bill, note, acceptance, or other type of commercial instrument, passbook, deposit slip, or statement furnished to depositors, whether or not the individual or institution regularly so reproduces any or all of such business records. The reproduction shall be in a medium pursuant to the records media act or consist of a printout or other output readable by sight from such a medium. The reproduction, if accompanied by the certificate of the individual or his or her employee or agent, or of the officer, agent, or employee of the firm, association, or corporation who supervised the making of the reproduction to the effect that the reproduction when made was a true, full, and complete reproduction of the original, shall be received as evidence at the trial or hearing with the same force and effect as though the original document were produced. However, the court, officer, arbiter, referee, board, or tribunal may in its discretion require that the original document be produced in evidence, and may also require the taking of testimony of the person who supervised the making of the reproduction. The reproduction is admissible only if the party offering it delivers a copy of it, or of so much of it as may relate to the controversy, to the adverse party a reasonable time before trial, unless in the opinion of the trial court, officer, arbiter, referee, board, or tribunal the adverse party has not been unfairly surprised by the failure to deliver the copy. Nevertheless, such a reproduction need not be submitted to the adverse party as herein prescribed unless the original instrument would be required to be so submitted. If necessary, the reproduction may be offered in evidence by the use of a projector or other similar device. All circumstances surrounding the making of the reproduction may be shown upon the trial, hearing, or proceeding for the purpose of affecting the weight but not the admissibility of the evidence."

Any affidavit, try and strike it with your Hearsay Rule (MRE 802) and Lack of Personal Knowledge (MRE 602).

And you need to look at Michigan Rules of Evidence - Rule 902 Self-Authentication. http://coa.courts.mi.gov/rules/documents/2michiganrulesofevidence.pdf

Edited by Linda7
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Is the plaintiff the original creditor?

Did they file an affidavit in support of their claim? If so, was it done within 10 days of when the complaint was signed. There is MI case law to support that. MCL 600.2145 which states, "Any affidavit in this section mentioned shall be deemed sufficient if the same is made within 10 days next preceding the issuing of the writ or filing of the complaint or answer".

There are so many questions that we would need answers to, in order to help, but I'm afraid you came too late.

From what I am understanding, it sounds like you are saying that you did not have an agreement with the plaintiff.

Was the account with an original creditor that sold the debt to the plaintiff?

You could check on your credit report and find out if it was sold/transferred.

If this is not the original creditor, they need to show a bill of sale from the original creditor to the plaintiff. And your name/account number should show as one of the accounts listed as within the sell of the debts.

If it does not specifically have your name/account number, you can use the following case law to strike it -

UNIFUND CCR PARTNERS v. RILEY Court of Appeals of Michigan (2010) "Although plaintiff submitted a copy of a bill of sale executed by Citibank, it did not provide the portion of the assignment that indicated that this specific account was one of the accounts being assigned.Because the assignment occurred through the contract, absent evidence of the contract showing the specific assignment, the affidavit containing plaintiff’s employee’s bare assertion of the assignment is insufficient to establish factual support for plaintiff’s claim that it acquired defendant’s account by assignment."

Odds are it was sold in a bundle and there won't be any identifying information to tie your name/account number to the plaintiff.

Also, anything they submit, must have a certificate of authenticity under MCL 600.2131

Written instruments; proof; acknowledgment. Sec. 2131.

"Every written instrument, except promissory notes and bills of exchange, and except the last wills of deceased persons, may be proved or acknowledged in the manner now provided by law, for taking the proof or acknowledgment of conveyances of real estate, and the certificate of the proper officer endorsed thereon, shall entitle such instrument to be received in evidence on the trial of any action, with the same effect, and in the same manner, as if such instrument were a conveyance of real estate."

Also, are the documents originals or copies? If reproductions, they must be accompanied by the required certificate as stated in MCL 600.2147

Business record prepared or entered in regular course of business; reproduction as evidence; delivery of copy to adverse party. Sec. 2147.

"Notwithstanding any law of this state to the contrary, an individual, firm, association, or corporation may introduce in evidence at a trial or hearing before a court, officer, arbiter, referee, board, or tribunal, a reproduction of a business record of the individual or institution prepared or entered in the regular course of business, the original of which would be admissible in evidence, including an existing record and including, but not by way of limitation, a check, bill, note, acceptance, or other type of commercial instrument, passbook, deposit slip, or statement furnished to depositors, whether or not the individual or institution regularly so reproduces any or all of such business records. The reproduction shall be in a medium pursuant to the records media act or consist of a printout or other output readable by sight from such a medium. The reproduction, if accompanied by the certificate of the individual or his or her employee or agent, or of the officer, agent, or employee of the firm, association, or corporation who supervised the making of the reproduction to the effect that the reproduction when made was a true, full, and complete reproduction of the original, shall be received as evidence at the trial or hearing with the same force and effect as though the original document were produced. However, the court, officer, arbiter, referee, board, or tribunal may in its discretion require that the original document be produced in evidence, and may also require the taking of testimony of the person who supervised the making of the reproduction. The reproduction is admissible only if the party offering it delivers a copy of it, or of so much of it as may relate to the controversy, to the adverse party a reasonable time before trial, unless in the opinion of the trial court, officer, arbiter, referee, board, or tribunal the adverse party has not been unfairly surprised by the failure to deliver the copy. Nevertheless, such a reproduction need not be submitted to the adverse party as herein prescribed unless the original instrument would be required to be so submitted. If necessary, the reproduction may be offered in evidence by the use of a projector or other similar device. All circumstances surrounding the making of the reproduction may be shown upon the trial, hearing, or proceeding for the purpose of affecting the weight but not the admissibility of the evidence."

Any affidavit, try and strike it with your Hearsay Rule (MRE 802) and Lack of Personal Knowledge (MRE 602).

Yes they filed an affidavit on time.

Original Creditor sold the account to LHR.. but there was not a bill of sale included with the packet of evidence. Nor did they come with any certificates at all, just another affidavit and proof of service

The entire statement is a copy not even properly aligned ..

after the trial can I still fight, if I come up with good points?

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So I go to the courthouse, which they moved without telling so I had to drive about a mile north back to the original location.

When I get there I go see the Judge and they said that I was taken off the docket because I missed a hearing for the plaintiffs Motion for summary disposition BUT.. I DIDN'T RECEIVED ANYTHING LIKE A NOTICE OR ANY DOCUMENTS TELLING ME I HAD A HEARING ON THE 22ND OF AUGUST

THE LAWYER'S NOTICE OF HEARING WAS DATED ON THE 24TH OF AUGUST ALTHOUGH I still didn't receive anything from him

CAN I MOTION THAT DEFAULT JUDGMENT?

CAN I STILL FIGHT AND WIN?

THANKS A LOT SO FAR IM HAVING FUN

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