secure

Being sued by Lvnv funding in michigan

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update;    This is what they sent me yesterday.             

 

 

                            Notice of submission of documents under MRE 902(11)

 

 

please take notice that plaintiff hereby submits the chain of assignment as exhibit A and a copy of a detailed account statement sent on the account as exhibit B, under MRE 902(11). The records were kept in the course of regularly conducted business.  Pursuant to MRE 903, the testimony of a subscribing witness is not necessary to authenticate such documents at trial.

                                           Signed douchebag .

 

  Brief in support of submission of certified records under MRE(11).

 

                 Statement of facts

 

Plaintiff has submitted to the defendant copies of records kept in the ordinary course of regularly conducted business accompanied by a certification of records and notice of submission of certified records under MRE(11). Plaintiff has also provided the court with proof of service.

 

                             Law

 

MRE 902(11) was added to the Michigan court rules effective sept 1, 2001. Adopted concurrently was MRE 803(6). Read together these rules allow authentication of documents through prior written certification of business records to substitute for live testimony by the records custodian. Furthermore , the rule requires written notice to all adverse parties of an intention to offer evidence under MRE 902(11).Although no specific time requirement is provided , the notice requirement of MRE 902(11) simply gives the opponent of the evidence a fair opportunity to challenge the foundation set forth in the certification.

 

                    Conclusion

 

The records attached to plaintiff notice of submission of certified records under MRE902(11) have been submitted to the defendant pursuant to the notice requirement of MRE902(11) and satisfy all qualifications provided for in the rule. Thus, these records should be allowed into evidence for plaintiff's case in chief without further authentication.

 

           signed Douchebag.

 

Then there's a piece of paper Certification of documents from laura hill authorized rep of LVNV funding saying that the documents attached is true  to the best of my personal knowledge yada yada yada.... and its notarized in south carolina on oct 10th. 

 

And they have attached all the same documents they tried to in MSD, nothings changed. With exhibit A as affidavit of transfer b/w diff junk collection agencies and bill of sale with no acct no, doesn't have my name or address or the amt they bought for. And as exhibit B is the one closing paper statement form credit one bank with the total amt of 827$. Basically nothing just the same old documents except for laura hills, certification of records.

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So basically they sent me the "witness list" to intimidate me but were not planning on having them there. Now they sent me this so they don't have to. Is this enough for them,

 

so as not to  bring in the witnesses to trial. Also can laura hill also certify  on behalf of credit one rep. What do i do now at this point, what should i sent them to oppose this. My

 

bench trial is on tuesday, so have to send something and file with the court by friday morning. Am getting a little nervous even though i know they have nothing, but don't know

 

what do i send them in writing because the judge isn't going to hear me if it isn't in writing and submitted. Any help is appreciated.

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There is no address given for laura hill,it just mentions  the state of south carolina in the county of greenville.  There is no mention of the associate of the oc, which they

 

mentioned in the witness list they sent me. Am still researching on how to file the motion to strike the affidavit and also the brief supporting it, but can't seem to find one. Also what's MIL??

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They gave you an address for their witness in Greenville, SC. You could get the court to issue a subpoena and try to serve her at that address. Even if you do not, 1 CC statement and a generic bill of sale will not be sufficient to prove their claims. Even if they try to submit the docs under MRE 902(11).

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There is no address given what so ever. Also Laura hill says in her affadavit "based on the books and records of lvnv funding". So she has no personal knowledge of credit one book keeping records, it doesn't say how she obtained these records or how it was managed. Has no knowledge of other junk agencies book keeping since its been exchanged more than a couple times.

 

Ok They did send me an addresses of a witness in their witness list, am such an idiot and just glanced through it. Is it enough that i supeona the witness

 

tomorrow for my trial which is on tuesday.

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Also what are they suing me on when they didn't refile their msd?. Like doesn't it have to be like breach of contract, or account stated something like that. I just feel like they are going in blind and hoping that i fold or gonna dismiss it??

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Mil is motion in limine. You could motion to strike affidavit based on no personal knowledge as well as you are unable to subpoena her. A mil is when you have several issues, you roll them all up into one motion.

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Hello, I have been having problems with LVNV funding as well. I received a summons and complaint Aug 8, (which was mailed from someones home address) The summons expired 10/1/13. Aug. 9 I filed a proof of validation letter and sent certified mail. got the return slip, but no response. I messed up by not filing an answer with the court, is it too late? I received a "notice to appear" letter yesterday for 11/19. Should I still file an answer? What do I do!!!!

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i went for my bench trial yesterday, & it was a diff lawyer this time, he said the other lawyer had an accident that morning & couldn't come so he took over

the case. He really

 

wanted me to settle the acct before the trial by offering me a payment plan for the whole amt or a lump sum cash of about 70%. I countered by saying ill give u 100$ & lets

 

settle this and that;s probably more than what the lvnv paid for the acct. He say's no way that's too low and that the law firm advised hime to settle this matter with a payment

 

plan for the whole amt. I then asked him do you have your witnesses today & he says no & that he doesn't need to since they filed a MRE902, I agin asked him that they had

 

two witnesses on their witness list and he says that he's gonna call me as a witness. I did get a little nervous at that & think he say that in my face. I then calmly got up thanked

 

him & said I'll see you in trial.

 

At trial he asked the judge to rule on the msd & I countered by saying that they didn't refile their msd after last time like they were supposed to. The judge asks me if i have any

 

motion and I said I do that I filed a motion to strike their affidavit & that it was filed on friday and also they haven't responded to my discovery request, the plaintiff lawyer starts

 

saying that the law firm didn't send him any other documents of my motion to strike or the discovery request & doesn't know if i filed for motion to compel discovery. The judge

 

asks him how does he wants this to proceed and he says to rule on the msd & if thats stricken out then rule on the MRE902 and if that's stricken out too then dismiss the case

 

w/o prejudice. Then judge says that he needs more time to study my motion to strike as he didn't get time to look at it since i filed it on friday. And says bench trial is moved to

 

12th november. The plaintiff lawyer says that's fine and me being an idiot started saying that "am sorry judge but this is a big waste of my time and the plaintiff has come clearly

 

unprepared today". I should have known that the judge was trying to help me out. The judge then says that" if you want i can proceed today w/o looking at the motion to strike

 

and its upto me" and I say that 12th nov is fine for another bench trial. Before leaving the plaintiff lawyer asked the judge if he's gonna rule on the msd too on that day and he

 

says yes and then I asked him that do i need to file another response to the same MSD and he says that's not needed as he has my responses already on file but he did say

 

that if i needed to add something to it, I can provided it has to be this week.

 

 

I know that its kinda long to read but pls bear with me, am trying my best. My responses to the MSD was pretty thorough but do I need to add something more to it?.

 

Also do I need to subpoena this one witness whose name was given before the next bench trial. Pls do help

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Hello, I have been having problems with LVNV funding as well. I received a summons and complaint Aug 8, (which was mailed from someones home address) The summons expired 10/1/13. Aug. 9 I filed a proof of validation letter and sent certified mail. got the return slip, but no response. I messed up by not filing an answer with the court, is it too late? I received a "notice to appear" letter yesterday for 11/19. Should I still file an answer? What do I do!!!!

I would say yes you should have filed your answer in the time frame given, a proof of validation letter will do you no good at this point I believe, it should have been send before the case  went to court. I would say go to court on 11/19 because if you don't show up they get a default judgement against you automatically for the amt they are asking. Am not as well versed as the other guys on here so it's better you start your own thread like me at the beginning. You could appeal to have your answers filed but I dunno how to go abt it. Also you will get a lot of info if you start reading bmc post and threads, especially this one.

 

http://www.creditinfocenter.com/community/topic/318271-those-being-sued-in-michigan-by-a-jdb-step-by-step-in-defending/

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You did great secure! I didn't read your response, but did they include an address so you could subpoena the witness? Getting the affidavit struck means they have no case, and I doubt they will bring a witness. Even if they do, here is a list of questions to ask the witness that will help. http://www.creditinfocenter.com/community/index.php?app=core&module=attach&section=attach&attach_id=1114

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You did great secure! I didn't read your response, but did they include an address so you could subpoena the witness? Getting the affidavit struck means they have no case, and I doubt they will bring a witness. Even if they do, here is a list of questions to ask the witness that will help. http://www.creditinfocenter.com/community/index.php?app=core&module=attach&section=attach&attach_id=1114

 

In one of secure's previous posts, they provided an address in Greenville, SC. 

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Just wanted to update on my case, don't know if anyones's interested in my thread anymore.

 

Case dismissed w/o prejudice. I tried my best to sway the judge into giving me with prejudice, even saying that the plaintiff knowingly brought a frivolous lawsuit against me wasting the court's precious time and mine and I lost three days of lost wages coming to court. He said he's gonna take that into consideration and has written that down incase they file again.  They had no witness & I didn't have to say much, the judge pretty much told the plaintiff's attorney that the defendant has raised objection in writhing of the chain of assignment as none of the assignment and affidavits has my name or even an acct no, so it could be anyones. The plaintiffs attorney said that they buy in bulk and there's no more document he can provide. The judge said that he's seen cases like this before but not even an acct no on any of the affidavit. The plaintiffs attorney just basically started shuffling through the papers with no answer. 

 

I just want to say a huge thank you to bmc100, peanutrs, shellieh98, Savoir. I owe you guys a lot. I should buy you all a round of beer and free lap dances. 

 

I was told that the court will send me the final judgement paper in the mail. Can I use that to erase this debt off my credit report?, because as of now both credit one and lvnv funding is reporting on all three of my reports.

 

My next step is to start cleaning up my credit report and to raise my scores so I'll spend most of my time in the credit repair section. Unless I get sued again by some other JDB.

 

Again thank you all for helping me. Can't believe I actually won this case, if it weren't for guys I would have caved in & given them all my savings when I first got the summons six months ago.

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Now it is time to go back after them for FDCPA violations for trying to take legal action on a debt they knew they could not take. In part of that settlement, the attorney will get them to dismiss w prejudice and hopefully get you a little money to take us out for drinks!!

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Now it is time to go back after them for FDCPA violations for trying to take legal action on a debt they knew they could not take. In part of that settlement, the attorney will get them to dismiss w prejudice and hopefully get you a little money to take us out for drinks!!

I don't know if am brave enough to do that, have thought abt it but don't know where to start.

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The place to start would be to obtain a copy of theFair Debt Collection Practices Act; read it and find out where plaintiff went wrong.

Or ............. you could just relax for a while; enjoy your victory and your holidays.

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