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Lawsuit in a nutshell, can anyone lend some advise?


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Hi, condensed my lawsuit. Hope someone has had similar experience and can lend a hand.

I rec'd complaint from WWR for Disc. Bank in Nov. 2011. I answered with denials and countered with harassment, genuine issue of material fact and failure to state claim.

A little background: I dont' remember this account.

Disc. started calling Sept.2010. I took one call telling them I didn't know what they were talking about and then never took another call. They started calling constantly (although hard to know what constitutes harassment), then the robo calls.

Calls abruptley stopped apprx. Jan. 2011.

Rec'd letter from WWR Aug.18, 2011 saying lawsuit being filed, contact them to settle, if they get a judgment the steps they will take to collect and I should be receiving official papers soon. Also the mini miranda. Attached was the complaint regarding debt, "exh.A' is a boilerplate cc agreement, "Exh. B' is statement with my name and info, last 4 #ers of acct., says -0- balance due, $xxx min. amt due., internal charge off amount and thats it.

Also attached is Affidavit dated June 2011 (5 Months before being served) and affiant states she knows all about debt and "Exh A" is true and accurate statement of due and owing". Exh a is the boilerplate cc agreement with no amount or identifiers, not a statement.

I am served on Dec. 13, 2011. I answer denying all their points, w/ counter complaint stating harassment, genuine issue of material facts and failure to state claim.

I rec'd a Mot. for Summ. Disp. which I guess is their answer to my complaint, Maybe? Don't know.

Receive pretrial statement, I reaffirm what I said in complaint with specifity.

I also rec'd their pretrial statement, pretty standard although they stated they were bringing the complaint, a "series" of cc statements, affidavit and payment records.


Back to the Mot. Summ. Disp., it also indicated that their pleading contain a "series" of cc statements (again they do not), but the kicker is they say "Now comes the Plaintiff, Capital One", dumbies, I thought Discover Bank was suing me. LOL

So, at pretrial on Feb. 9, 2012, the judge won't hear me on FDCPA because we are in state court. Asks them how long to get their documents and sets us for 30 days of discovery, mediation is set for 4 days after completion of discovery and trial date is in April.

I am trying to get my req. for disc. to them tomorrow.

So thats pretty much it in a nutshell although I should say I never requested DV. I never filed an affidavit against their affidavit or to their Mot. Summ Disp.

But I feel they never gave me 30 days, they have numerous errors, omissions and inaccuracies.

I hope this helps me in regards to not filing my own affidavit, my own Mot Summ Disp and objection to theirs.

(G) Affidavits; Hearing.

(1) Except as otherwise provided in this subrule, MCR 2.119 applies to motions brought under this rule.

(a) Unless a different period is set by the court,

(i) a written motion under this rule with supporting brief and any affidavits must be filed and served at least 21 days before the time set for the hearing, and

(ii) any response to the motion (including brief and any affidavits) must be filed and served at least 7 days before the hearing.

(B) If the court sets a different time for filing and serving a motion or a response, its authorization must be endorsed in writing on the face of the notice of hearing or made by separate order.

© A copy of a motion or response (including brief and any affidavits) filed under this rule must be provided by counsel to the office of the judge hearing the motion. The judge's copy must be clearly marked JUDGE'S COPY on the cover sheet; that notation may be handwritten.

Anyhooos...I really could use some imput regarding what I have don and need to do. Any help would be greatly appreciated. Thanks in advance for your help.

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