bambi

being sued, what's next?

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You probably can forget about wining the RFA's to be admitted (since they were untimely), but you never know (the judge COULD) allow leniency (but I doubt it). However it would force them to spend time on the case and make them have to fight harder. I would want to be a thorn in their side as much as possible.

 

Leniency works both ways in this instance.

If you read paragraph D under 4.3 it says that " a party may be allowed to file late answers to an opposing party's request for admission." Janczyk v Davis 125 Mich App 683,692-693 (1983).

 

I have not read that case so I don't know the particulars.  It's probably moot however, as you pointed out; admissions were filed out of the time frame allowed for discovery.

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Sorry Bambi, I thought you said they filed for Summary Disposition. But I now read as asked for permission to file for SD. It was a little confusing for a bit there. So are you filing to oppose their request for SD as being out of the time allowed?

Just wondereing where you are at?

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@Flyerfan

 

 

I'm confused. You say that if the judge is made aware then the admissions are deemed admitted and then you go on to ask...

 

Their admissions being deemed admitted will destroy their case. Why would you not make this a top priority?

 

 

 

In Michigan, admissions are not deemed admitted automatically; you have to bring it to the attention of the court BEFORE the close of proofs.

 

The exact quote from the benchbook is:

 

"The procedures in MCR 2.312 are not self‐executing and require the party seeking to rely upon any conclusive admission to bring the
issue to the trial court’s attention before the close of proofs. Radtke, 453 Mich at 421 n 7. However, neither the court rules nor the case
law require a party to file a motion before the court can deem the request admitted
."

 

I've seen it in action.  Defendant didn't answer discovery (POD, ROGS, Admits) that were sent to him.

Plaintiff, at trial, told the judge orally that the defendant didn't answer and "We'd like admissions deemed".

Judge says "Granted".

Defendant lost ...........

 

It well might be worth Bambi's effort to try to have the admissions deemed at her next opportunity (pre-trial) and hope that no one catches on to the timeliness; that and the judges ARE allowed a little discretion in the area of admits.

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I'll try my best to answer these.  I'm just as confused as you all are.

 

Hot. . . . yes, I am definitely filing an abjection to their SD.  I'm working on it now.  But I didn't know there was a time frame on that.  I'll do some digging to find out.  I know on motions, there is, so I'll check.  Thanks.

 

 

Savior. . . . .Ya, I read the part 4.3, that's what I was trying to refer to in my earlier post, (I don't always post so well),. so I will be sure to bring it up at the pre-trial.  As you all say, you never know, I might get lucky.  (sure could use that).  

 

I plan to go to a few trials or hearings next week, to see what it is like, and what I need to do to prepare for pre-trial.  Thank you all so much for all of your patience with me, I'm a very slow learner, but I'm willing to work, so I'll keep on plugging away.  I wish I was more adept at using the internet, I'm sure it takes me twice as long to find stuff and filter stuff out, but I'm learning that as I go along too.  I'll probably post my objection here soon for any input you might have.  Thanks again.

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Hot. . . . yes, I am definitely filing an abjection to their SD.  I'm working on it now.  

 

They haven't filed a SD yet so I don't know how you're going to object to it unless you mean that you're opposing their intention to file it.

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Hot. . . . yes, I am definitely filing an abjection to their SD.  I'm working on it now.  But I didn't know there was a time frame on that.  I'll do some digging to find out.  I know on motions, there is, so I'll check.  Thanks.

 

MCR 2.119 Motion Practice

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They haven't filed a SD yet so I don't know how you're going to object to it unless you mean that you're opposing their intention to file it.

She (hopefully) is going to object to their REQUEST for leave to file the SD (see post 284). All the objections to it she needs are all in these post as we have been working on them for the past 2 days.

They listed about 12 reasons they should be able to file the SD. Bambi had objections for 1 - 9, and I came up with objections (that may need adjustments do to the RFA issues)for 10 -12.

She means their (already been filed) request for leave to file the SD, WHICH REALLY DOES STILL NEED TO BE OBJECTED TO.

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Hot. . . . yes, I am definitely filing an abjection to their SD.  I'm working on it now.  But I didn't know there was a time frame on that.  I'll do some digging to find out.  I know on motions, there is, so I'll check.  Thanks.

It's not an SD you are objecting to. It is their REQUEST for leave (permission) of the court to file the SD. I would not worry about digging for any time frame on this, I would just get it done, regardless of what any rule might say. The time frame is "it should have been objected to a while ago" so the sooner the better.

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Leniency works both ways in this instance.

If you read paragraph D under 4.3 it says that " a party may be allowed to file late answers to an opposing party's request for admission." Janczyk v Davis 125 Mich App 683,692-693 (1983).

***That's terrible. I have not read it though. I think most of the time leniency goes to the plaintiff; but not always.***

 

I have not read that case so I don't know the particulars.  It's probably moot however, as you pointed out; admissions were filed out of the time frame allowed for discovery.

***That's true. But I am not sure that I would not file for it anyway (if it were mine) You never know; and it makes it tougher on the plaintiff.***

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Yep, sorry I miss spoke, I meant I'm going to file objections to their request for leave.  Thanks for clarifying Anon.  Going down under to work on them now and hopefully get it done tonight. 

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Yep, sorry I miss spoke, I meant I'm going to file objections to their request for leave.  Thanks for clarifying Anon.  Going down under to work on them now and hopefully get it done tonight.

I am glad. I thought you might have just misspoken, but I wanted to make sure because I think we have all gotten confused on this thread. Now I think we are all on the same page and can work on getting your case under control.

Make sure you take a breather now and then, I know what you are going thru. We all do.

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OK, I really screwed up. I had a hearing scheduled for last fri for the MTC, but since they finally sent in the POD I called the court on thrus to cancel the hearing. I sent in an email (per the clerk), and she verified that she received it, and it was cancelled. I tried to call the Plaintiff to let them know, (at 4:45 pm), and after being on hold for 15 min (now 5:00 pm.) I figured I wasn't going to get through to anyone and hung up. Well. . . The plaintiff did show up for the hearing, and because I failed to let them know, the judge sanctioned me $300.00 and granted their leave to file a dispositive motion. Is it my responsibility to let them know? (Apparently so). Do I have any recourse? The clerk told me I could write the judge a letter. I have a pre trial hearing scheduled for Monday.

Any body have any thoughts on this?

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That's a shame. I believe it is your responsibility to notify them of the hearing and the cancellation. 

 

My only thought is to check the docket for that day and see if that attorney was at the courthouse anyway. If they were there for other hearings the judge may take the sanctions away.

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Any body have any thoughts on this?

I would file a motion to reconsider sanctions and explain that you contacted the clerk, called the lawyer, and that you do not know all the procedures and are doing the best you can, and that the sanctions will cause you considerable financial damage.

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Thanks. I like your idea anon, and your are right, I don't know all the procedures, and I seem to be learning all of them the hard way.

Yes, that's a tough way to learn. There is case law out there that says judges should afford a little leniency to pro se litigants (google it). File the motion to re consider sanctions (I have seen judges reverse their decision). It can't hurt, and; it will send a good message to the lawyer; that you will fight and are not going to be intimidated.

Do like Flyerfan suggested and make sure the lawyer was not at the court on other business anyway.

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Ok, I'm heading to pre trial on mon. I'm really hoping they will be open to a settlement, and that the judge will highly encourage it. I've been to see a BK lawyer, and he said to forget the admits, it was beyond discovery. So. . . .I've decided that if they are not willing to budge from 19k, then I will be filing bankruptcy. If the judge allowed me to pay 100 a month on 19k, it will take me forever to pay off, and this is not my only debt, so it will be BK. The original debt was 9,500, so I would be happy with anything around 9,000 (although I will try for much less). I'm pretty sure they will be filing a motion on mon. for a SD. It will be 10 days since the judge allowed them leave to file. I get the feeling tho, that they want the whole amount, and aren't interested in settling.

What I would like is some input on what I should expect/want out of a settlement. I was wondering if anyone could look over what I have in mind, and either add to it, or offer any deletions.

I would want this in writing:

How much we have agreed on for me to pay.

When the payments are due, that they will be paid by money order, and where they should be mailed.

That they agree to report to the credit bureaus that the debt is "paid in full" as soon as the settlement is reached, and send me written proof that this has been done.

That all interest, and late fees will cease.

That they agree that it will never transfer, assign, sell, hypothecate, re number, or convey the account.

That FIA owns the account.

Anything that I missed? I'm pretty sure I won't be able to get out of this without some kind of judgement (consent or whatever) on my record, so I'm not bothering to put that in.

I know it seems like a real cop out, but I have been so stressed out, and I know I do owe them some money. This site has been invaluable to me through out the process, and I am very grateful for everyone's encouragement, support, insight, expertise, past experiences, and the list goes on and on. I would never have been able to get to this point, and would have probably lost by default, long ago, due to lack of knowledge. I'm pretty sure this will not be the last suit I will face, unless I decide to go BK, and you can be sure I will promptly come here first, and start at the beginning and hopefully do it right.

Thanks for any input you might add to my negotiations.

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Wow , First of all it is only a pretrial conference. Secondly you are right they want it all. Thirdly I told you to ask for a settlement around 4000 with payments. They did not agree or even get back to you. next off I told you to go to that hearing. and seriously I am not being harsh . Just seems like you don't take our advice at all. So, Since they have not filed a SD yet , Did you work up your motion to oppose that or not?

Look at it this way , Any judgement they get you will not be making payments, they will be garnishing wages, taking your bank accts.

Did you ever go to the law library or ask for some help from a college law student??

This is one of those posts where we want to help but don't see any results.

Good luck at the pre-trial conference.

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Got so worked up I forgot shy I came in here. If you are incapable of fighting this I would tell them at the pretrial that you will just file BK. That will cost you a thousand or so or You would be willing to have them dismiss for a reasonable amt of maybe 2 thousand. Worth a shot

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Yes, I did find a para legal to help, and they finally said, it was too complicated, and seek advice from a lawyer.  I have drafted up a motion in anticipation of their SD.  I don't know what they will garnish, Im self employed.  I really have absolutely nothing they could come after.  A house with no equity, I'd be lucky to break even, if I sold, a 13 yo car, and that is it.  I plan to low ball them, and go from there.  

 

The hearing was canceled because they complied with MTC, and the judge was not going to listen to the request for leave, because it was not actually a motion.  

 

I also sent a letter to the judge, and went to a couple of pre trial hearings last week.  

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So at the pre trial conference they will try to get you to settle outside of the courtroom. You have to decide yes or no. If it is no then alot more work to represent yourself at trial.

If like you say there are more lawsuits it may be wise to BK.

I am wishing you the best of luck no matter what you decide to do

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