bambi

being sued, what's next?

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I wouldn't know where to begin to file a counterclaim. What all is involved? Is there a fee? And would it get my case dismissed?

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Do you think I should file a MTD based on the fact that they sent me nothing for production of docs?

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I wouldn't know where to begin to file a counterclaim. What all is involved? Is there a fee? And would it get my case dismissed?

There would be a lot involved. You would have to search your rules. You might be able to add it to the case or amend your answer and file it with the answer. It would take some effort.

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Do you think I should file a MTD based on the fact that they sent me nothing for production of docs?

No that won't work. MTD's are mostly for procedural errors, and the plaintiff can usually fix the error and then re file. I would learn the rules of evidence and authentication and fight the case. If you keep fighting them you MAY be able to convince them that you are not worth pursuing and they should dismiss the case.

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 If you keep fighting them you MAY be able to convince them that you are not worth pursuing and they should dismiss the case.

 

For 21K she's gonna have to do a lot of convincing ...........

 

 I would learn the rules of evidence and authentication and fight the case.

 

+1

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For 21K she's gonna have to do a lot of convincing ...........

Yes she most certainly is. Wow, I did not realize it was that much; but, it really does not change how it is to be fought (just more at stake is all) .

 

 

+1

Specifically: The hearsay rule & the business records exception to it, rule of completeness, rules of authentication & the best evidence rule.

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OK ......... I'll see if I can pull up those rules  ........ tomorrow.

I've had a very full day and am in need of sleep.

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This is a link to the complete Michigan Rules of Evidence.
 

Rules 401 - 411 Covers the definitions of Relevant Evidence.

Rules 801 - 806 are the rules regarding Hearsay.

Rules 901 - 903 are the rules regarding Authentication.

Rules 1001 - 1008 covers the "best evidence" contention.

 

Thank you all.  I'm overwhelmed.  Should I look for some legal council to help?  

 

It's up to you. From my experience in Michigan, you're going to have a hard time finding anyone to defend your case. 

Most of the attorneys I've talked to have just advised me to settle.

 

This is an original creditor case for a large amount of money.

You can do it yourself but, it's going to take a huge amount time and effort on your part.

It's been done but, you have to be on top of your game.

 

Did you ever serve Admissions to plaintiff?

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Thank you Savior so much for the link to rules.  Yes I did serve admissions, they signed for them on 7-18. so I'm waiting for the 30 days.  Should I file a motion right away?  What if I get them 2 weeks later or something to that effect.  Are they still considered admitted because they didn't arrive on time?

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Oh boy. I'm in way over my head. If I'm reading that right, I was suppose to file my ROGS with the court, and my answers to the ROGS they sent me? I didn't t do that.

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I don't think that you're reading it right.  ROGS are not filed with the court ........ just served to plaintiff.

Discovery is just between plaintiff and defendant.

The only time the court is involved is if you have to compel answers or have them deemed admitted.

 

 

Where did you get the idea that you had to "file my ROGS with the court"?

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 Filing With Court. Requests and responses under this rule must be filed with the court either before service or within a reasonable time thereafter. 

 

Yes, I think I misread it.  I thought it applied to all of rule 2.312, but I think it's only for public records?

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Quoting from an unpublished State of Michigan Court of Appeals case# 215763
Kalkaska Environmental Services v. The Barrett Company, Inc.

 

Under MCR 2.312( B)(1), a party has twenty-eight days after service of a request for admissions to provide written answers or objections to the party requesting the admissions. If the party to whom the request is directed fails to timely answer the request for admissions, “[e]ach matter as to which a request is made is deemed admitted.” MCR 2.312( B)(1). “A matter admitted under this rule is conclusively established unless the court, on motion, permits withdrawal or amendment of an admission. MCR 2.312(D)(1). For good cause the court may allow a party to amend or withdraw an admission. The court may condition amendment or withdrawal of the admission on terms that are just.” However, in order for the trial court to grant a deviation from MCR 2.312( B)(1), a party must file a request with the court either before service or within a reasonable time thereafter. MCR 2.312(F)*

 

*Emphasis ....... added

 

All those stupid smiley faces are a result of this boards html code and should be read as "(B)".

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So .......... in answer to the real issue here ........ as soon as the time you've allowed for Admissions has expired ...... file a motion to have them deemed admitted if they haven't responded.

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Ok, thank you so much. I'll start to draft one up, so I'm ready to go just in case. I'll post it here for critique when it's ready.

See that's my problem, in reading the rules, it all looks foreign to me, and I don't understand it at all. I am limping along so far with the great help of all of you, but what I'm really worried about is a face to face meeting, and not being well versed enough to know when to object, or I'm afraid they will pull the wool over my eyes, and I won't know it, etc, etc.

BTW I thought the stupid smiley faces were quite festive.

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Crap, I just realized that the court date for the actual trial is on a date we are going to be out of town for a family wedding, what is involved to have that date re-scheduled?  I have been so focused on on all of the pre-trial stuff, that I didn't look at the actual date of the trial.

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Crap, I just realized that the court date for the actual trial is on a date we are going to be out of town for a family wedding, what is involved to have that date re-scheduled?  I have been so focused on on all of the pre-trial stuff, that I didn't look at the actual date of the trial.

You may want to call the lawyer and ask if they would agree to a continuance then file a motion for continuance with the court; stating that both sides stipulate to a continuance. If they don't agree, I guess you could file anyway, but it is not easy for a Pro Se to move a court date (although lawyers do it all the time).

 

Check your local rules.

 

I would not tell the lawyer that the reason is for a wedding though. Maybe the reason could be a possible job interview (since you are so broke you have nothing for them to collect even if they do win).

 

Good Luck.

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It seems that in Michigan you must file a motion for an Adjournment and you better have a very good reason for it.

See MCR 2.503 Adjournments.

Personal matters are not going to get it.

A stipulated adjournment is probably the only way you're going to get this.

It might be easier to get the wedding rescheduled.

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It might be easier to get the wedding rescheduled.

I would have to agree with that. Most court rules say the trial date is very firm; although they do make  exceptions for lawyers. If the lawyer knows you want a new trial date; you will probably never get it. They would have to be the one that wanted the continuance in order for you to get one.

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ok, I appreciate the honesty.  I'm tempted t settle, but until I actually see something that shows it my card, I'm gonna hold out.  

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ok, I appreciate the honesty. I'm tempted t settle, but until I actually see something that shows it my card, I'm gonna hold out.

Have they offered a settlement?

Depending on the sufficiency of your answer and plaintiffs filings; Summary Disposition is more than likely the next hurdle that you'll be facing. It could all be over with before the trial date anyway.

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What do you mean by the sufficiency of my answers?  Answers to what? and what is a Summary Disposition?  They did offer a payment of 100 a month during the mediation, but when it was almost done, I learned it was a some kind of judgement, I can't remember the exact name, (voluntary or something similar), and I didn't want a judgement on my record, and they wouldn't budge from that, and the rent a lawyer must have had another case to rush off to, because he said, "fine, we're done then".  But they have NEVER shown me anything to validate this debt, even tho I asked for it at mediation.  I was told they would have it in court.  But I have yet to see anything, and don't forget, I never got a DV letter allowing me to settle or ask for validation, until 2 weeks ago.  But nothing before this whole suit started.  

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