bmc100

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

Recommended Posts

Good job !!

How did you get with prejudice do you think?

Thank you !

I don't know for sure really...

Except I asked for it at the MSJ hearing... :)

Careful what you ask for....you just might get it... LOL..

I did mention to the lawyer prior to going into court for MSJ that "this case is frivilous and you know it.", "this is not my debt", "didn't you read anything I have sent you?"~!

maybe he thought I'de throw in a motion for sanctions or something...

Who knows...  I'm grateful  :) 

  • Like 1

Share this post


Link to post
Share on other sites

Peanut, you are the last poster that I write a motion or an opposition for without charging. I know you posted on one of my threads and I was a jerk to you. To make it up to you, I wanted to help you. I am happy that you do not have to worry about this any longer!!

You'll need some business cards that say "Anti-JDB consultant" :lol:

Share this post


Link to post
Share on other sites

Hello New here, Michigander with some Major Questions.  Repod Vehicle, summuns forthcoming.  given 21 days to pay back amount, couldnt do it, vehicle sold at auction, so being sued for the differance between what I paid on the loan before I lost my income, and the auction sale amount, to the total amount of loan.

Many questions, but after reading this particular thread (Mi based caselaws and cases, and the successes noted, I figured this was a good place to start with a few simple questions. Case is comming from lender i took loan out from to pay off the original loan from a different lender I got to originally purchase said used vehicle 20 months prior.

anyways, Vehicle was sold and they want me to pay the difference in the loan and sale, but once I pay it, the loan would be then paid in full, but I would get  no Vehicle back as they already sold it at acution less than 60 days after it was repod.  Was repod on first hook attempt so immediatly after 3 month default of payments.

 

I realize this is a thread dealing with JBDs, but if you understand the Social Security System, and your birth certificates (printed on actual federal bond paper), and the fractional reserve lending system, you realize even the banks themselves are JBDs.

 


What is my first move/Thread and pertinant info I need to get on?
Many appologies for the slight thread hijack..

Share this post


Link to post
Share on other sites

Start your own thread in "is there a lawyer in the house" forum, and ask your questions.  I haven't seen alot about your particular problem, but I bet there are many who have.  Some wont even come up here to this thread if they have already read it. good luck.

Share this post


Link to post
Share on other sites

I won in court!!!  Suit dismissed for no cause of action w/prejudice!

 

defending against breach of contract and account stated.  Against Galaxy Int'l purchasing for $12,xxx

 

I dont post much, I'm more of a reader than a typer, but I wanted to say thanks for sharing your experiences with other Michigan residents.

 

I didn't come across your post until more than half way through my suit, so I didn't go the route of filling MTD with complaint.  But I did find other useful info. from your posts, thanks.  In fact I made an error filling my answers.  I didn't know I had to file my own affidavit in response to plaintiffs affidavit  MCL 600.2145  OOPS!  I went through discovery (ignored until I filed Motion to Compel) and asked for assignment paperwork, among other things.  The assignment paperwork (Affidavit of Sale from OC and Bill of Sale from OC) looked convincing at first glance, but it was mostly BS.  Went to trial, Plaintiffs attorney gave me a good whoopin' on the stand.  I still can't believe the effort he put into the case.  I was expecting some hack to show up, but when he was done I attacked the assignment paperwork.  Judge said the Affidavit of Sale was somewhat self-fulfilling and should have been attached to the complaint, it wasn't.  Judge also said the Bill of Sale was missing info.  So, In the end Plaintiff couldn't prove the element of standing.  

 

I hope I'm not hijacking.

Just wanted to say THANKS, and keep up the good work!  

  • Like 4

Share this post


Link to post
Share on other sites

I won in court!!!  Suit dismissed for no cause of action w/prejudice!

 

defending against breach of contract and account stated.  Against Galaxy Int'l purchasing for $12,xxx

 

I dont post much, I'm more of a reader than a typer, but I wanted to say thanks for sharing your experiences with other Michigan residents.

 

I didn't come across your post until more than half way through my suit, so I didn't go the route of filling MTD with complaint.  But I did find other useful info. from your posts, thanks.  In fact I made an error filling my answers.  I didn't know I had to file my own affidavit in response to plaintiffs affidavit  MCL 600.2145  OOPS!  I went through discovery (ignored until I filed Motion to Compel) and asked for assignment paperwork, among other things.  The assignment paperwork (Affidavit of Sale from OC and Bill of Sale from OC) looked convincing at first glance, but it was mostly BS.  Went to trial, Plaintiffs attorney gave me a good whoopin' on the stand.  I still can't believe the effort he put into the case.  I was expecting some hack to show up, but when he was done I attacked the assignment paperwork.  Judge said the Affidavit of Sale was somewhat self-fulfilling and should have been attached to the complaint, it wasn't.  Judge also said the Bill of Sale was missing info.  So, In the end Plaintiff couldn't prove the element of standing.  

 

I hope I'm not hijacking.

Just wanted to say THANKS, and keep up the good work!  

 

That is awesome! Good for you. Now... it's party time!

 

:DiscParty:

Share this post


Link to post
Share on other sites

I won in court!!!  Suit dismissed for no cause of action w/prejudice!

 

defending against breach of contract and account stated.  Against Galaxy Int'l purchasing for $12,xxx

 

I dont post much, I'm more of a reader than a typer, but I wanted to say thanks for sharing your experiences with other Michigan residents.

 

I didn't come across your post until more than half way through my suit, so I didn't go the route of filling MTD with complaint.  But I did find other useful info. from your posts, thanks.  In fact I made an error filling my answers.  I didn't know I had to file my own affidavit in response to plaintiffs affidavit  MCL 600.2145  OOPS!  I went through discovery (ignored until I filed Motion to Compel) and asked for assignment paperwork, among other things.  The assignment paperwork (Affidavit of Sale from OC and Bill of Sale from OC) looked convincing at first glance, but it was mostly BS.  Went to trial, Plaintiffs attorney gave me a good whoopin' on the stand.  I still can't believe the effort he put into the case.  I was expecting some hack to show up, but when he was done I attacked the assignment paperwork.  Judge said the Affidavit of Sale was somewhat self-fulfilling and should have been attached to the complaint, it wasn't.  Judge also said the Bill of Sale was missing info.  So, In the end Plaintiff couldn't prove the element of standing.  

 

I hope I'm not hijacking.

Just wanted to say THANKS, and keep up the good work!  

 

Where in Michigan are you? Did you reference the Brown Bark LLC Case and Unifund Case in any of your opposition? Both of those cases via the MI COA sates that an incomplete purchase agreement cannot prove that a JDB has standing to bring forth a case to collect.

Share this post


Link to post
Share on other sites

South West MI

 

I did cite the Brown Bark llc case in opposition.  Probably should of cited the Unifiund Case, but for whatever reason I didn't.  

BTW Plaintiffs attorney did not bring the Bill of Sale to trial, probably because he knew it was incomplete?  However, after receiving the BOS in discovery and reading it thoroughly I noticed the BOS made reference to certain documents, and those documents were not provided.  So I made sure to take the BOS to trial and have it submitted as evidence.   The judge made specific reference to the incomplete BOS in his decision.  

 

It was only after studying the Brown Bark and Unifund cases that I knew I had a chance.

  • Like 1

Share this post


Link to post
Share on other sites

My wife had her MSJ hearing this morning against Stellar. The judge denied their MSJ. From what my wife told me, the attorney almost had a melt down in court by yelling atthe judge to grant their motion.

 

The judge was just about to dismiss the case completely, but for some reason he gave them one last chance to provide a substantial amount of documentation. Like all JDBs, they will not have the documents that were requested.

 

the attorney stormed out of court and gave my wife a nasty look. Now, having to go back to her boss and explain that she was beat by a Pro Se Defendant....priceless!!

 

Next steps are to file her own MSJ and a motion to preclude to see if she can get this knocked out of court prior to trial.

  • Like 4

Share this post


Link to post
Share on other sites

My wife had her MSJ hearing this morning against Stellar. The judge denied their MSJ. From what my wife told me, the attorney almost had a melt down in court by yelling atthe judge to grant their motion.

 

The judge was just about to dismiss the case completely, but for some reason he gave them one last chance to provide a substantial amount of documentation. Like all JDBs, they will not have the documents that were requested.

 

the attorney stormed out of court and gave my wife a nasty look. Now, having to go back to her boss and explain that she was beat by a Pro Se Defendant....priceless!!

 

Next steps are to file her own MSJ and a motion to preclude to see if she can get this knocked out of court prior to trial.

 

I love those stories. Tell your wife Nice Job!

  • Like 1

Share this post


Link to post
Share on other sites

Discovery - once you receive the Plaintiff's responses to your discovery requests, read through them carefully. What you will find is they will admit to an admission without directly admitting to it. You will ask for a specific document and they will object or deny your requests. The big one, is asking for a specific name of their witness, they rarely have an actual name.

 

Next step after receiving their responses is to send either a 2nd set of discovery or a letter to confer. I opt for the letter to confer. What you are doing with this letter is challenging their responses to your discovery requests. They have to in respond in good faith to provide a truthful response to confer.

 

With this letter, you will find out what type of evidence they really have in their case file. You will also find out if their client will be providing them with any additional information. Press hard on asking them for the name of an actual witness with an address and phone number.

 

Hit them hard with questions around document requests and admissions. If they do not respond to your letter to confer, then you can file a motion to compel or a motion to preclude evidence. If they filed an MSJ and you beat it, then you most likely have everything in their possession.

 

If they come up with empty responses, offer them a agreement to a stipulated dismissal and see what they will do.

 

What you want to do is get a handle around the glaring holes in their case directly from them. You can use this as a discovery tool against them as evidence. Once you exploit those holes, you leave them with only one option....to dismiss on your terms. If they will not dismiss, write a motion to preclude, which will be heard at the opening of trial. If it is granted, move for a directed verdict.

Share this post


Link to post
Share on other sites

Discovery - once you receive the Plaintiff's responses to your discovery requests, read through them carefully. What you will find is they will admit to an admission without directly admitting to it. You will ask for a specific document and they will object or deny your requests. The big one, is asking for a specific name of their witness, they rarely have an actual name.

 

Next step after receiving their responses is to send either a 2nd set of discovery or a letter to confer. I opt for the letter to confer. What you are doing with this letter is challenging their responses to your discovery requests. They have to in respond in good faith to provide a truthful response to confer.

 

With this letter, you will find out what type of evidence they really have in their case file. You will also find out if their client will be providing them with any additional information. Press hard on asking them for the name of an actual witness with an address and phone number.

 

Hit them hard with questions around document requests and admissions. If they do not respond to your letter to confer, then you can file a motion to compel or a motion to preclude evidence. If they filed an MSJ and you beat it, then you most likely have everything in their possession.

 

If they come up with empty responses, offer them a agreement to a stipulated dismissal and see what they will do.

 

What you want to do is get a handle around the glaring holes in their case directly from them. You can use this as a discovery tool against them as evidence. Once you exploit those holes, you leave them with only one option....to dismiss on your terms. If they will not dismiss, write a motion to preclude, which will be heard at the opening of trial. If it is granted, move for a directed verdict.

A basic template for these would be GREAT...

Thank you again bmc100 for all of your posts, insights etc. !

:yahoo:

Share this post


Link to post
Share on other sites

 

Here is an example of a Letter to Confer:

 

DEFENDANT’S LETTER TO CONFER WITH PLANTIFF

 

NOW COMES Defendant, _____________ by way through self-representation and hereby submits to the Plaintiff its Attempt to Confer in Good Faith with Plaintiff for not making the proper disclosures in an effort to secure the disclosures without court intervention pursuant to MCR 2.312© states as follows:

 

Pursuant to MCR 2.312(B)(2), you provided straight denials to Request for Admissions 1, 3, 7, 8, 9 and 11 without stating that Plaintiff made a reasonable inquiry to the reasons as to why you could not truthfully answer the Defendant’s requests. In the Defendant’s First Request for Production of Documents as well as Defendant’s First Request for Interrogatories, Plaintiff has failed to provide documents that were requested. Now, in the Defendant’s First Request for Admissions, Plaintiff states that they have these same documents, but will not permit discovery.

 

Please answer the following:

1. Please explain in good faith the reasons why you cannot truthfully answer the Defendants requests or provide the documents that were requested during discovery?

2. Please answer and explain that if you are in possession of these documents, why Plaintiff has not provided these documents during discovery?

 

3. Request for Admission question 7. During discovery Plaintiff did not disclose the name and address of this witness with first hand knowledge. Now, you are claiming that you have a witness who has first hand knowledge of how the contract was formed. Please provide the name and work address of this person?

4. Response to Request for Admission question 8, Plaintiff did not disclose the name and address of their witness from Stellar Recovery. You answer claims that you have a witness from Stellar Recovery. Please provide the name and work address of this person?

 

Pursuant to MCR 2.312(B)(3), you provided the response of a lack of information or knowledge sufficient to form a belief to Request for Admissions question 4 without stating that you made a reasonable inquiry as to why PLAINTIFF cannot truthfully answer the Defendant’s requests. Plaintiff is suing using a breach of contract claim. Within the PLAINTIFF’S Motion for Summary Judgment PLAINTIFF claims Defendant signed the written contract.

 

Please answer the following questions.

1. If there is a signed written contract, why have you (PLAINTIFF) not provided the contract upon which your claims are based?

2. The contract will have the terms and conditions set forth between the Plaintiff’s assignor and the Defendant. If there is a signed written contract, which you claim there is; is the written contract the governing document to the PLAINTIFF’S claim?

 

Pursuant to MCR 2.312(B)(4), you provided an objection as to relevancy to Request for Admissions 2 and 10 but then stated the information known or is readily obtainable is insufficient to enable Plaintiff to Admit or Deny to the requests made. MCR 2.312(B)(4) states: A party who considers that a matter of which an Admission has been requested presents a genuine issue of material fact for trial, may not on those grounds alone, object to that request. Providing an admission to requests 2 and 10 would provide issues of genuine for trial.

 

Please answer the following questions:

1. Request for Admission, question 2 relates to standing, PLAINTIFF states that you do not have the information available to show that Plaintiff has standing to bring forth this suit. Why can’t the Plaintiff provide a truthful answer to this request?

 

2. Request for Admission, question 10 relates to the information and records that was provided during the alleged sale of delinquent accounts from Beneficial. During discovery Plaintiff provided an incomplete document without the actual sales agreement as stated in the Bill of Sale. Please answer and explain, without the sales agreement as referenced in the bill of sale, why can’t Plaintiff truthfully answer this request that the account allegedly sold to Plaintiff  was guaranteed to be accurate, when you are claiming that a sum certain is owed to Plaintiff?

 

Pursuant to MCR 2.312©, prior to filing a Motion with the Court to compel Plaintiff to answer the Defendant’s discovery request, a party must first try to confer with Plaintiff in good faith.

Defendant is hereby declaring that all of the Plaintiff’s objections used during discovery have no merit. The Request for Admissions was clear and concise. The Request for Production of Documents and Interrogatories were specifically worded to produce all of the evidence that should be in the possession of the Plaintiff to prove their case and prevent the Defendant from being ambushed at a summary judgment hearing and at trial. The requests were not vague or ambiguous because Plaintiff knows exactly what the Defendant is requesting based upon the allegations made in the Plaintiff’s complaint. It relates to material disputes between the parties. The Plaintiff’s attorney has already been warned in writing once before by Defendant to provide full disclosure or will face a motion to preclude or a motion to compel. Last, though Defendant is not an attorney, do not try to provide these evasive answers by thinking Defendant will not know what to do.

 

I, ______________ will await your response of this good faith attempt. NO response will prompt further action to preclude any and all evidence.

  • Like 1

Share this post


Link to post
Share on other sites

@bmc100

 

Pursuant to MCR 2.312( B)(2), you provided straight denials to Request for Admissions 1, 3, 7, 8, 9 and 11 without stating that Plaintiff made a reasonable inquiry to the reasons as to why you could not truthfully answer the Defendant’s requests. I

 

I don't understand your reasoning.  If you deny an admission request, you don't have to state anything else.

Share this post


Link to post
Share on other sites

I think he was saying they denied the admission to the documents, but yet if they have them, they didn't provide them in the doc request.

Share this post


Link to post
Share on other sites

In the rules of procedure, it states if a party denies the request...the party has to state the reasoning for the denial.

 

Similiar to a Defendant answering a complaint. A denial has to be supported with a reason.

 

Straight denials do not comply with MI RCP.

Share this post


Link to post
Share on other sites

Once you receive back the Plaintiff's response to your letter to confer and they tell you that they have no more evidence. Under MCR 2.116©(10), you can file a motion for summary judgment. No material issues of fact exist other than the amount of damages.

 

Now, you know they have no additional evidence. Their MSJ was denied. Why would the court grant them a judgment at trial, when the same evidence they used during the MSJ was denied. The court will not revisit the same issues again and the same rules of evidence applies to an  MSJ hearing as well as at trial.

 

Remember, their responses to your discovery request can be used as evidence in an MSJ or opposition and at trial. Carefully word your discovery questions.

Share this post


Link to post
Share on other sites

@bmc100

Hi bmc100. I'm Renita and I'm new at this site. I've been reading it for a week now. I just figured out how to post. I wanted to know if you can please give me some advice as  how to respond to a Motion for Summary Disposition Pursuant to M.C.R. 2.116©(10) and M.C.R. 2.116(I)(1).

 

I've alread been to the pre-trail, completed all Discovery and my next step is to respond to the MSJ. I believed I messed up along the way because this is my first time doing this. One of the first things I messed up with is that I did not send them an admit or deny. They sent me one and I answered. However, after reading info on this site, I found out much too late to do anything about that. On the other hand, I found a few mistakes on the Plaintiff's part. Here is what the Plaintiff said about the transfers. "Thereafter, the account was assigned by ABC Credit Card Bank to SB III LLC, who assigned the account to LVNV Funding LLC. who assigned the account to Sherman Originator III LLC, who assigned tthe account to Jackson Capital, Inc., who assigned the account to All Debt Traders Porfolio Co., LLC who then assigned the account to the Plaintiff on or about 10/12/2010. Plaintiff is now the full, rightful, and sole owner of the Defendant's account and any amounts due and owing thereon." What I found was the fact that the OC did not sign the Bill of Sale nor was there an affidavit attached to none of the transactions. None of the Bill of Sales or transfers had my information on them. All of the Bill of Sales were dated the same day. Is that Possible. I also found that the affidavit that filed by the Plaintiff was done 2 years ago. Isn't there a law that states that an affidavit has to be filed 10 days prior to the claim? There is so much more. I just wanted to start with this. Thank you so much for taking the time to look what I have so far. My MSJ date is the same date as the trial. Please help me!!

Share this post


Link to post
Share on other sites

Rentia, start your own thread.  Go to this forum  http://www.creditinfocenter.com/community/forum/177-is-there-a-lawyer-in-the-house/ and look for the black button on the right half way down that says start new topic.  copy and paste this info into it, and I am sure you will get lots of advice.  You need to tell us also when the date for your MSJ is, and other particulars of your case.  This should be very easy to beat.

Share this post


Link to post
Share on other sites

got it flyer, in light of recent discussions. ;)  Wording may not have been the best. :)  Bust seriously, 5 assignees? 

 

How about this.

 

If you do your homework, and go about this the right way it may be very difficult for the person bring suit against you to have all the necessary documentation that would be required going through 5 different compaines to prove they are now the ones who own the debt.  Lest us not forget, they would also be required to have 6 affidavits, one from each assigned company that were from a person of knowledge as to how your accounts was kept and maintained while in each assinees possession.   They would also need 5 bill of sales for each company that debt was assigned to.

The court will allow all of there evidence in to prove you owe them unless you can learn your court rules and challenge each and every one.  If you are up for that challenge, as a matter of law in most states (but you will need to learn your rules to see if it will apply to your state) the plaintiff should not prevail in this matter.  But anything can happen, and I am not nor do I claim to be a lawyer, and this is strictly my own opinion.

 

 

Is that better? :)

Share this post


Link to post
Share on other sites

Careful with the "e" word @shellieh98.

 

xWhipMex

Yes, people are very touchy with this word...it may have to be banned.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.