bambi

being sued, what's next?

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Hello all.  I'm a newbie here, and very "dumb" about all of this.  This really seems to be a great forum, and I'm hoping I can get some help.

 

I'm being sued by FIA for a cc debt.  It's been 2 years since I was last able to make a payment.  So, once I was served, I answered the complaint.  Now a court date has been set, and discovery is in process.  I received a request for interrogories, a request for production of docs, and a request to admit.  I answered all,(not really much in my answers.)  I admitted to nothing, didn't produce any docs, and did my best on the other.  I also sent them a request for docs. 

 

My questions are, should I send them anything else?  What can I expect between now and my court date?  I feel so unprepared and "dumb".  Why does it seem that that if I don't respond within the 28 days they gave me for discovery, I will get a judgement against me, but if the attorneys for FIA don't respond in my time frame, nothing happens to them, and I have to continue requesting the info?    

 

I have not gotten any proof that it is my debt.  I did not ask for validation prior to the suit.  I'm nervous, like everyone else.

 

Thanks for any insight you can provide, it is greatly appreciated. 

 

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Thanks for the info, that forum is a great tool, unfortunately I am beyond that point and have already submitted things in discovery.  So any info on my other questions?

 

What can I expect between now and my court date?  (scheduled for end of Aug.)

Why does it seem that that if I don't respond within the 28 days they gave me for discovery, I will get a judgement against me, but if the attorneys for FIA don't respond in my time frame, nothing happens to them, and I have to continue requesting the info?    

And  should I send them anything else at this point, or just "wait and see?"

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When did you send them your request for production of documents and what did you ask for?

 

This is a good question. Timing is a big key in these cases. When "time's up" for their response, there are things you can and should do.

 

 

What can I expect between now and my court date?  (scheduled for end of Aug.)

Why does it seem that that if I don't respond within the 28 days they gave me for discovery, I will get a judgement against me, but if the attorneys for FIA don't respond in my time frame, nothing happens to them, and I have to continue requesting the info?    

And  should I send them anything else at this point, or just "wait and see?"

 

It is actually the same for both of you, if you stay on top of things. If you don't respond to admissions, they can be deemed "admitted" and you will lose. If you send them request for admissions and they do not respond , they can be deemed admitted. If you get them deemed admitted, you will win. 

 

Your next move will be to send them a Request For Admissions. What you request them to admit will depend on their response to your request for production. Let us know when they're due and what you sent them and we can help.

 

Have you been reading your rules for procedure? You should be. Start looking at Motion for Summary Judgment. They will file one before trial so you should start preparing now.

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  Why does it seem that that if I don't respond within the 28 days they gave me for discovery, I will get a judgement against me, but if the attorneys for FIA don't respond in my time frame, nothing happens to them, and I have to continue requesting the info?    

 

 

It may just SEEM that way to you right now, that is not the case. You do not have to continue requesting the info. You can request help from the court to get them to cooperate. You can send them a meet and confer letter advising them that if they do not respond to your discovery request in 10 days you will file a motion to compel with the court (assuming they are late).

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You will send notice to the other party(meet and confer)that their responses to your discovery were deficient or incomplete. Give them 10 days to correct the problem. Or you will have to file a MOTION TO COMPEL RESPONSES TO DISCOVERY AND FOR SANCTIONS.

Next is DEFENDANTS MOTION TO DEEM ADMITTED.

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Thanks for all of the info.  Some of it sounds downright scary.  I sent out my request in late may, and sent it CMRR, and it was signed for on June 3, so I'm assuming that is the date I need to go by.  I'll paste my requests for docs. below. The Motion for Summary Judgement scares me.  So much of this I don't understand and I'm trying to work my way through it, but I sure feel "dumb".  I don't know what to send them as far as requests for admission goes, and I know you said I need to wait until I hear from them, which I will do, but I will definitely need help on that one.

 

 

1.   The original signed application establishing the account.

 2.   Charge slips bearing defendant's signature which establishes use of the account.

 3.   The original written agreement in which defendant allegedly agreed to the terms of the account.

 4.   A complete history of the account from day one, establishing the legitimacy of the balance sought.

 5.   Any document setting forth the choice of law provision.

 6.   Any document plaintiff intends to introduce at trial.

 

 7.  Any document produced by plaintiff in the normal course of business which states and defines the exact statutes the choice of law provision seeks to enforce.

 8.   Any recording, or transcript of any recording, of telephone calls in which defendant disputed the alleged amount owed.

 9.   Any cancelled checks or copies of cancelled checks, or other verified payments on the account plaintiff intends to introduce as evidence at trial.

 10.  Proof of mailing of monthly statements.

 11.  Any documents evidencing that defendant retained monthly statements for an unreasonable amount of time.

 12.  Any document produced by plaintiff in the normal course of business defining "unreasonable amount of time."


 13.  Documents establishing the chain of custody of the alleged debt, starting with the original creditor, each one to show in clear detail the manner in which the debt was allegedly transferred to subsequent assignees. These documents should show the account number and name of the account holder.

 

      14.   Letter(s) sent to defendant by plaintiff’s attorney, demonstrating an attempt to collect on the alleged debt.

 

      15.  Any and all communications from plaintiff and/or plaintiff’s attorney to the defendant explaining why plaintiff and/or plaintiff’s attorney may have reported the alleged debt to any credit reporting agency, as well as obtaining defendant’s credit report(s).

 

     16.  Any and all credit report(s) plaintiff and/or plaintiff’s attorney obtained from any credit reporting agency concerning the defendant

 

     17.  Any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts, that relate to the defendant and/or ”Account”.

      

     18.  Any further documentation, beyond what has been previously requested, that clearly establishes defendant’s liability and/or responsibility to the alleged debt. 

 

     19.  Copies of all reports and documents utilized by an expert which plaintiff  proposes to call at trial, including the name, address, and job title as well as what they will be testifying about.

     20.  All exhibits which plaintiff proposes to introduce at trial.

 

So, this is what I sent out.

 

Thank you for all of the great input, it sure helps "lost in space" people like me.

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Is this the original creditor suing you or was your debt purchased by a JDB? I thought FIA was a credit card company. If so, the "documents establishing the chain of custody" is moot.

 

They do have until July 3rd to respond. After that will be a Meet & Confer letter (just a letter to remind them their response is due and they have 10 days to do so).

 

If they ignore that, you will file a motion to compel.

 

It's always overwhelming at first. Stick with it and you'll get it.   :)%

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It is FIA, original creditor.  And that is a prime example of my "dumbness".  Thanks for the words of encouragement, I plan to keep at it, even tho I may stumble along the way.  OK, so I'll sit tight  and look up rules for procedure, and if I can't find them, I'll check back as to where I need to go for those.  Thanks again, this forum is the best.

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Only one of your requests dealt with the chain of custody so not a big deal. Food for thought, fighting an OC is a big deal. They are much harder to defeat than a JDB. You'll need the best from MI.

 

Calling @bmc100

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Sorry, I am on vacation in Jamaica right now so I wont be of much use here.

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Thanks for calling on the best.  If you have time when you get home, that'd be great.  I'm not under a time crunch for anything at the moment.  I'm just trying to know what to expect and prepare myself in the future.  I did read a great post from bmc100 that someone told me too, but I think I am beyond the suggestions he offered.  I don't think I can file a judgement anymore right?  We're too far into discovery?  I've heard MI is very hard. I don't know if it's worth hiring a cc attorney or not.

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Where are your ROGS and Admissions requests?

 

How much are they suing for?

 

WHo is the law firm?

 

What was your answer to their complaint?

 

What was attached to the complaint?

 

Was there an affidavit?

 

You are asking for help starting in the middle, but we everything from the beginning.

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I didn't submit any ROGS or admission requests, only requests for production of docs.  I don't know what to ask for on the other two, or that I should have submitted those.  I'm being sued for 21,000, and the law firm is .  I denied everything on the complaint.  Yes, there was an affidavit attached (that was all), and it was about 2 months prior to the complaint being sent out.  I know from reading this forum that an affidavit over 10 days old, is not timely.  


 


Yes, I know I'm starting in the middle, I was trying to do this by reading other peoples forums, I'm not very good at communicating, and it was intimidating to me to actually create my own forum, but I'm getting over that, andI know I need help, and lots of it. Thanks bmc100 for your help.  Please don't feel like you need to do this while on vaca, I can wait until you get back.   


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You have the best in MI. You have until July for your RPOD to be due. While bmc100 is enjoying his vacation (so jealous!) google the name of the affiant and notary on your affidavit. You never know.

 

If you can, print up exactly what the complaint says and the affidavit, verbatim. That will help bmc100 to help you when he gets back.

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The ROGS and admissions are where you can make your life quite a bit easier. Actually, the Letter to Confer is based upon their responses to your admissions and ROGS requests.

 

They have 28 days to respond to those requests. FYI - Your document requests will come with an MSJ.

 

What were their causes of action? Breach of Contract, Account Stated, unjust enrichment?

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I will get right on this today after work.  I didn't want you all to think I was ignoring you, it's great stuff, and I appreciate all of your help.  BTW flyer fan, I hope you meant the best in MI from bmc100, not the best in MI, the attorney after me.  (haha)

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Haha. Yes, I meant bmc100. He has been helping folks from MI here for a while and knows MI law. A really good case law guru as well. He will take very good care of you.

 

Be sure to take his advice. Every move sets up the next one so picking and choosing which advice you take from him could hurt you. His strategy has proven success.

 

Good luck to you!

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So where exactly will I find the cause of action?  If they will send me an MSJ, should I send one out first or is it too late for that?  I'm looking all over my complaint for the cause of action, and unless it's worded different, i can't find it.  The complaint in its entirety will be posted later today, along with the full affidavit.  I hope you're not rolling your eyes when you read this, I told you I'm really green and wet behind the ears.  

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There are times when they fail to state a cause of action. A correctable mistake but a mistake none the less. Type 'em up and we'll take a look.

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