Those being sued in Michigan by a JDB, step by step in Defending

[Promise4]

I recieved a  discovery paper from plantiff. Does the court send this to me or do I have to respond based on their sending it to me? They sent me copies of statements that I have never seen.

[bmc100]

I recieved a  discovery paper from plantiff. Does the court send this to me or do I have to respond based on their sending it to me? They sent me copies of statements that I have never seen.

Promise....start your own thread.

[bmc100]

I started a thread that my wife is being sued by a JDB. If my wife listens to me (which she rarely does), I will do exactly what I am telling others to do on here. I already know this judge assigned to her case. She had to go in front of him last year. This judge is a little shady...She has to make sure she does things exactly the way I tell her to.

[bmc100]

Another Michigan Poster defeats Midlands MSJ - Shady77!! and the judge still has to rule on his MSJ as well!!

[shady77]

Another Michigan Poster defeats Midlands MSJ - Shady77!! and the judge still has to rule on his MSJ as well!!

all the credit goes to BMC100 for this, he knows his stuff and he knows it very well thanks again for your help!

[Flyerfan]

That is awesome! It's a revolution!

[bmc100]

maybe I should reconsider and go to law school. I could charge a couple hundred dollars to walk consumers through the process and write their pleadings for them. They represent themselves in court to save on cost in attorneys fees.

 

I am handing Stillman and Midland a new A******. This is the 4th Stillman case and the 5th Midland case. I was PMing BV80 a few times, telling him the posters on here that listen, who dont get caught up in the small details and allow people to help them - are the one's that are winning their cases or defeating the Plaintiff's MSJ.

 

The one's who ask for help, but get caught up in the small details and think they know more than what they do and dont listen - lose 100% of the time. I can spot them after I comment on one of their threads. I will not help them, I would be wasting my time.

 

Has anyone heard from NervousOne? We defeated his MSJ and the case was supposed to be set for trial.

[Flyerfan]

maybe I should reconsider and go to law school. I could charge a couple hundred dollars to walk consumers through the process and write their pleadings for them. They represent themselves in court to save on cost in attorneys fees.

 

I am handing Stillman and Midland a new A******. This is the 4th Stillman case and the 5th Midland case. I was PMing BV80 a few times, telling him the posters on here that listen, who dont get caught up in the small details and allow people to help them - are the one's that are winning their cases or defeating the Plaintiff's MSJ.

 

The one's who ask for help, but get caught up in the small details and think they know more than what they do and dont listen - lose 100% of the time. I can spot them after I comment on one of their threads. I will not help them, I would be wasting my time.

 

Has anyone heard from NervousOne? We defeated his MSJ and the case was supposed to be set for trial.

 

I can vouch for this ^^^^.  I listened to bmc100 (as well as others) and defeated the MSJ, won my motion to preclude and sent Midland running.

 

That does not mean you can't question what everyone here tells you. Do what you need to do to figure this all out but do understand, these people know what they're talking about because they've been there, done that.

 

After taking a case all the way to z, I now appreciate how important a, b and c are and appreciate how patient and helpful everyone here was/is. It is a process you won't fully understand until you've made it to the end. If bmc100 says its time to file your own MSJ, trust him and do it.

 

Thanks for all you do bmc100.

[upsman40]

I can vouch for this ^^^^.  I listened to bmc100 (as well as others) and defeated the MSJ, won my motion to preclude and sent Midland running.

 

That does not mean you can't question what everyone here tells you. Do what you need to do to figure this all out but do understand, these people know what they're talking about because they've been there, done that.

 

After taking a case all the way to z, I now appreciate how important a, b and c are and appreciate how patient and helpful everyone here was/is. It is a process you won't fully understand until you've made it to the end. If bmc100 says its time to file your own MSJ, trust him and do it.

 

Thanks for all you do bmc100.

I agree 100%, bmc100 I have a feeling I will be needing your assistance again here shortly, I had a relativley easy time with ASSet this last go around compared to some, and with your guidiance, no trial, no motions filed by ASSet to have to defeat, the judge axed them for me which was extremly suprising, and with prejudice.  I have another idea for you and you wouldnt have to go to law school to cash in for what you deserve.  You have been a great help to many especially here in MI..

[bmc100]

UPS....now that you know how to do things, I will be here to help you. I need to beat this Stellar Recovery case into the ground for my wife. I keep telling her all the JDB cases that we are winning on this board.

 

I just hope she does everything I am asking her to do in court.

[admin]

making this a sticky.  

[bmc100]

Finally after talking myself blue in the face...I finally get a sticky!!!

[admin]

[bmc100]

http://www.icle.org/modules/books/chapter.aspx?chapter=9&book=2007553820&lib=general&sections=2&from=store

This link gives an overview of how collections agencies go about collecting a debt and how they work. It also gives downloads of different documents that they use here in MI.

[Savoir]

Way to go bmc100 ...... a Sticky ....... you deserve it for all the generous help you've donated to us Michiganders.

I hope and pray that you will continue to aid those not so familiar with the collection industry in Michigan.

Thank you for the effort you've expended so far ........ and thank you for any continued effort to discredit Bruno's opinion of Michigan's Court system.

 

Thank you Admin for recognizing a generous and brilliant mind.

[bmc100]

Michigan is still a hard place for a consumer to win in court, but these attorneys who rep these JDBs are for the most part idiots.

The biggest thing I have seen seasoned attorneys do in court is to control the narrative. Meaning, they control the content and flow of information directed at the judge.

The easiest way to change that is to put one's self in a position where the court hearing is based upon their motion...then the Defendant controls the narrative...as long as they are well prepared to present their motion.

[andyinmichigan]

Michigan is still a hard place for a consumer to win in court, but these attorneys who rep these JDBs are for the most part idiots.

The biggest thing I have seen seasoned attorneys do in court is to control the narrative. Meaning, they control the content and flow of information directed at the judge.

The easiest way to change that is to put one's self in a position where the court hearing is based upon their motion...then the Defendant controls the narrative...as long as they are well prepared to present their motion.

This. Like i said before, when  I made my motion and presented it to the court, the judge heard a lot that I'm sure they would've never produced themselves. After making my motion the Judge was quite impressed with all the angles of attack i was making and even said "that sound like something a lawyer would only bring up". 

 

so yeah, bring it, make it heard and you'll have a lot better chance.  Thanks again BMC!!

[bmc100]

Here is another tactic that a JDB's attorney pulls when they use a breach of contract claim as a cause of action. This is for non credit card cases.

Under information and belief the contract is in the possession of Defendant...etc.

So, they are telling you that they do not have the contract and try to bypass the requirements under Rule 2.113(F) by stating that the contract is in possession of the adverse party.

What you need to do is deny that you are in possession in your answer, as well as your affidavit. Then, during discovery ask for the contract.

If they object to it, then file a motion to compel or an order to show cause. If they cannot produce the contract, then the breach of contract cause of action should be dismissed. At worst, without prejudice.

[bmc100]

Now, on the account stated/open account claim. This is very simple to challenge. All you need to do is deny the amount they are claiming is due and owing in the complaint in an affidavit. They will claim that you received statements from Plaintiff or its assignor and never disputed the amount on the statements. As we find in current caselaw, this is not a means to convert an open account to an account stated without showing proof that it is the Defendant that made payments on the account or was aware of the account.

 

With a JDB, they will not have that documentation to show an account stated claim. If you challenge the amount they are claiming, then they will have to show the court how they came to that amount and show in the terms or contract the interest rate they they using to accrue interest.

 

A JDB should not defeat you with an account stated claim, unless you completely fail to address it. You can kill their prima facie evidence right from the start by pointing out the stale affidavit. Now it becomes an evidence issue that needs to comply with MRE 803(6) and MRE 902(11). Unless the affidavit used in their summary judgment filing is based upon first hand knoweldge of how the documents they are using were created, point it out and it should kill their claim.

[bmc100]

This saves me time having to write it out.

 

http://www.creditinfocenter.com/community/topic/313603-brief-in-opposition-to-summary-judgement-with-case-law/#entry1164006

 

Look at post #3, 5th statement in the post - under common law account stated. This is the caselaw to use to lay the foundation of opposing their account stated claim, then to bring the issue to recent caselaw, use the Unifund Partners v. Riley,  which reiterates what is the caselaw from the 1950s is stating.

[peanutrs]

Sorry...I'm new in here.  Didn't realize I wasn't suppose to post in here.

 

Removed my questions...

 

Don't see where I can delete my post altogether...Sorrrrrrrrrrrrrrrry.
 

[bmc100]

Please create your own thread for your lawsuit. Please do not use my thread to do so. This is not a thread that is titled, "Sued by a JDB, post your suit on my thread".

[peanutrs]

Another member here gave a link to this thread, and said you have helped out many in MI, I just assumed I was to post in here.  Again .........sorry.....

[bmc100]

Just create a thread with your lawsuit, type out the complaint, your answer and the documents supplied to you with the complaint and the MSJ.

 

If you can scan, blackout personal information. Then, we can give you ideas. I apologize for over-reacting.  This is a post to share arguments to present in court and steps you should take in dealing with a JDB lawsuit.

 

Go into "Is there a lawyer in the house" and hit create new thead. Title it what you like and start typing out the details in your case.

[bmc100]

I just got a message that a non-poster who was reading my posts used one of the Oppositions that I posted and defeated their MSJ. Judge ruled on a lack of standing and created a court order for the production of docs. This case was against Asset.

 

I told this person to send AA a MTD and tell them that he/she will present the MTD at the next status hearing. They can dismiss now (with prejudice) or wait, their choice.