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midland vs michigan, summary disposition


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Well here is an update to my prior posts, sadly i lost the summary disposition. I argued everything under the sun at the hearing, the breach of contract, the lack of actuall contract attached to the complaint, plaintiff argued that the "know your rights" page attached to the statement was sufficient.

I argued the fact that plaintiff did not show that the use of the card was authorized, they said that the transactions shown on the statements are sufficient.

I argued the account stated issue, citing case law and through my affidavit which stated that i had no prior communications with the plaintiff therefore we could not possibly come to an agreement as to the amount due and owning.

I argued the copies of the statements attached to their brief for summary disposition and the fact that they are not authenticated by any sworn statement of an original CC employee.

I argued the bill of sale they attached to the brief, the fact that again it is not authenticated, and most importantly does not show the propper chain of assignment, the fact that the only page in the bill of sale that actually showed my personal information and account was printed by them as clearly stated on the bottom of the page and not the original CC.

I cited michigan court rules that clearly state motion must be supported by admissible evidence.

i also threw in that plaintiffs affidavit was untimely.

so yeah... all that and then some...

sadly judge decided that the "facts are pretty clear" and entered a judgement against me ...

i want to appeal this judgement unfortunatelly there is no helpfull information that i can find on how to proceed, other then the info i found on the Mich courts website.


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So sorry to hear about your loss. :(

I would start a new thread to get help on the appeal process.

I know when I went to the Plaintiff's MSJ...the judge was NOT framiluar with MCL 600.2145 and had to read it to her...

The LAST SENTENCE is so important with those untimely affidavits...


Good luck with your appeal... :-)

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