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Being sued by Lvnv funding in michigan

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Goes to show you that the Plaintiff never even bothered to read your answer to the summons and complaint.

 

Good for you...

They are relying on the fact you did NOT submit a Counter Affidavit... and YOU DID ~ !  lmao :ROFLMAO2:

Just make sure you orally argue that fact as well in court.

Sucks being the Plaintiff... wish I could be there.  ::punk::

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Today I had my pre trial & MSD hearing, and am glad that I actually filed my opposition to the MSD the day before, because when I started to talk to the judge ,he interrupted me and asked do I have anything in writing opposing this motion, if not he's not gonna hear from me, I said I did & it took him a min to find it, basically, i just said that they have untimely stale affidavits & un authenticated documents. They have no proof that they own this acct and no proof that I owe any money to this acct. And that I even filed an counter affidavit and have denied each & every allegation in writing. The judge did take a min to sit back & read  a bit, then looked at the plaintiff attorney( local rent a lawyer) who didn't come prepared & had no idea of what's going on. The judge asked him if we had talked before coming into court for settlement, we did & I told him no settlement, I even told him that they have prematurely filed an MSD without having my discovery period, which he was surprised to hear. The judge then said that he's gonna take the arguments into consideration and gave 60 days for discovery, while the judge was writing this down he did say to the the plaintiff's attorney " I Don't see this turning beneficial for you guys, there's only roughly 1000$ here." and the plaintiff just said I understand and then gave us the papers to sign.  Also the judge did say that I have 60 days & maybe we could talk about settlement or something before the bench trial on oct 22nd. 

 

So now do I just send them the discovery questions? Is there anything else I need to do?.

 

I was actually shaking while talking to the judge, I was a nervous wreck.

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Another thing I wanted to bring up is that I was the first one to show up in the room like half hr before the time & everyone was late, my hearing was at 8.30 but didn't start till around 9, is this normal. Also it wasn't crowded like traffic court, it was really laid back.

 

It was just me in the beginning and then later on four other lawyers came in. One from midland, Mary jane, asset acceptance, lvnv funding. Then three other defendants came in & each one of them folded before the judge even walked in with their plaintiff's attorney in settlement, wage garnishment, full payment amt in payment plans. I was the only one who actually challenged my case & fought. After my hearing I decided to stay back & listen to other cases for an hr . And I kid you not there were about 20-30 cases which were all default because the defendants didn't bother showing up.  Am estimating around 25-30 thousand dollars were made by the plaintiff's in that hr, especially one attorney who got a default judgement of 10,000 $, & was so overjoyed. 

 

The atmosphere was laid back & all the attorney's were joking and laughing about diff cases and swapping stories about different cases. Also the other defendants all came in street clothes, walking in empty handed with no clue. I was the only defendant who had a bunch of files, & notepad with my notes & prepared. Before the trial the plaintiff's rent a lawyer asked to speak outside and we did, he asked if I wanted to settle and I said no. I told him that MSD was filed before the discovery period and he was surprised by that & said so you do know about the law and did your research, he even said the judge is most probably gonna dismiss the MSD and give time for discovery and then maybe stenger & stenger may re file. The rent a lawyer was a nice guy & very polite, he did say that he's here every day on behalf of lvnv & stenger.

 

Another thing I noticed is that the other plaintiff's attorneys tries to be friendly with the defendant's and act like they are gonna work with them and have them sign over settlement and payment plans before the judge arrives & then get a judgement for them automatically. I honestly just wanted to scream and tell them that the attorneys don't work for you but the other side.

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This is the MO on Stenger. I have helped a couple other posters beat Stenger. They file lawsuits and never have the goods. When one fights back, they fold like a lawnchair after they try to strong arm a Defendant into submission.

 

YOu need to hammer them with discovery and they wont respond. Then you send them a meet and confer letter. When they dont respond, you use all of that discovery against them.

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This is the MO on Stenger. I have helped a couple other posters beat Stenger. They file lawsuits and never have the goods. When one fights back, they fold like a lawnchair after they try to strong arm a Defendant into submission.

 

YOu need to hammer them with discovery and they wont respond. Then you send them a meet and confer letter. When they dont respond, you use all of that discovery against them.

Am trying to find discovery questions here to send them. Also what's the diff b/w trial vs bench trial?

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+1 on what bmc100 said.

I beat Stenger and neither of us even filed discovery so I believe what bmc100 stated (although I beat them before he was a member..... not that that has anything to do with anything ..........and no disrespect intended).

If you propound discovery on them (highly recommended), they may flood you with paper but none of it will be authenticated.

 

 

 Also what's the diff b/w trial vs bench trial?

 

Maybe you're referring to jury trail versus bench trial?

 

P.S. Phillip Stenger ........ founder of Stenger & Stenger, owns and operates his own JDB company ......... Capital Alliance Financial (not that that has anything to do with your case).

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while the judge was writing this down he did say to the the plaintiff's attorney " I Don't see this turning beneficial for you guys, there's only roughly 1000$ here." and the plaintiff just said I understand and then gave us the papers to sign.  

Gotta Love that.... for sure... ~ :ROFLMAO2:

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Just wanted to update everyone on my trial. On july 30th I was granted discovery period for 60 days, reading from other posts, I thought that the plaintiff would send me whatever they had on their file, but haven't received anything yet. The discovery period is about to end on september 30th. So my question is it enough that I send in my discovery request tomm the 27th morning through cmrr?. Or is it too late or should I ask for an extension?. My bench trial is on the oct 22nd. Thanks.

 

Also do I have to file my discovery request (request for production of documents) with the court also or do I just have to mail them to the plaintiff?

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You should have served your discovery requests to plaintiff soon enough that they had time to answer before the close of discovery set by the court.

You could ask for an extension but, you better have a good reason as to why you didn't serve them before now.

 

Unless required by the court; you don't file discovery with the court.

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I wouldn't worry about it too much...

From your previous posts the Plaintiff doesn't have the documents to prove their case.

REMEMBER:

The Plaintiff must prove they OWN the debt, and the Plaintiff must prove you OWE the debt.

The Plaintiff never sent you questions to answer or request of docs?

 

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Their ploy is to wait until the last minute and then hit you with a stack of 'evidence' filed under MRE 902 (11).

I would dare to state that all of the "evidence" will be unauthenticated as well.

LVNV did that to me, received a amendment to their MSJ and was about 20 papers all of which were NOT authenticated.  :) 

Hang tough and prepare to argue the point of unauthenticated documents and also proper time to view the alleged docs IF they produce any.  :) 

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Update; The plaintiff's lawyer sent me "Plaintiff's disclosure of witnesses and exhibits for trial"

 

1, Authorized Representative for plaintiff located at 55 Beattie place suite 110, Greenvile, SC 29601. Purpose of testimony; Witness are responsible for the maintenance of the records regarding the plaintiff in this matter.

 

2, All named defendants in this action

 

3, Associate of the original creditor

 

4, All witness on defendants witness list or at anytime named by the defendant

 

5, Rebuttal or impeachment witnesses as necessary

 

6, Any witness that may become known through discovery

 

7, Plaintiff reserves the right to amend this witness list as may become necessary through discovery.

 

Then they attached the same documents they send me in their intial MSD as exhibit 1 and exhibit 2, With no affidavit attached to all of them, ( some do have affidavit of transfer)

 

but without any acct no, my name or address or how much they paid for it. Exhibit 2 is just the closing statement with my name and address from credit one bank and the amt

 

$827.63 and interest rate, with no affidavit attached to it or an itemized charges of how it came to be.

 

They still haven't responded to my discovery yet and I doubt they ever will. So my question is whats my next move, Help me out guys please.

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Ok so my court date is oct 22nd & the junk lawyers haven't re filed their crappy MSD yet. I honestly think that their witnesses list is just B.S, another scare tactic so that I would fold, coz there's no way their bringing in people from ouuta state for the trial. Was wondering do i need to object to their witness list since it doesn't give any names or addresses of the witnesses?

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Here is a thread written by ASTMedic on why it is so important to hammer at the witness.  The codes he cites are California, but your state has similar codes in it's rules of evidence.  Maybe this can help you understand it better.

http://www.creditinfocenter.com/community/topic/317413-newbs-understand-something-about-the-docs-they-sent-you/#post1204435

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