bambi

being sued, what's next?

Recommended Posts

There has not been any evidence provided yet for them to request a Summary Disposition.  And Can they file a motion for one, when they haven't provided my the requested ROGS?  Nor answered admissions yet.

Link to post
Share on other sites

What do you mean by the sufficiency of my answers?  Answers to what?

The answer that you filed to the compliant.

 

and what is a Summary Disposition?  

It is a motion filed by plaintiff that basiclly says that a trial is not needed because there is no triable issues of material fact and we are entitled to judgment by law.

See MCR 2.116 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".

You're talking about a stipulated judgment. If you really want to settle this out of court; you're going to have to sign a stipulated judgement. They won't do it any other way that I know of.

 

 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.  

 

Debt validation is useless and not an issue after suit has been filed ......... forget about it !! 

 

You must press forward with discovery and admissions if you hope to have a chance against this suit.

Hope they don't answer your admissions ......... hope really hard.

Link to post
Share on other sites

There has not been any evidence provided yet for them to request a Summary Disposition.  And Can they file a motion for one, when they haven't provided my the requested ROGS?  Nor answered admissions yet.

 

When the time frame for discovery is over ....... and you haven't received your discovery requests ....... you might have a chance.

If you take the appropriate action (motion to compel documents; motion to deem admitted).

 

If you receive the answers to your requests (in a timely manner) you can expect a motion for summary disposition shortly thereafter.

Link to post
Share on other sites

Ya, trust me I'm hoping.  But would you settle w/o any proof?  I have seen nothing.  How do I know where the 19k came from.  It was only 9k when I wasn't able to pay anymore.  I understand late fees, penalties, etc, but again They have not shown me anything, how do I know this is my debt?

Link to post
Share on other sites

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.  

I hope you are not tempted to settle based on anything I posted, as that was never the intent. That temptation is definitely premature (in my opinion).

Link to post
Share on other sites

@Anon Amos

 

The only way that I see her beating this suit is if she can catch the plaintiff in a fubar.

Admissions not answered = deemed admitted (that's providing that she asked the right questions).

 

Believe me ......... it's not my intention to discourage her either. Just to get her to be proactive.

She's almost at the end of discovery and doesn't know what summary disposition is?

Link to post
Share on other sites

Ya, trust me I'm hoping.  But would you settle w/o any proof?  I have seen nothing.  How do I know where the 19k came from.  It was only 9k when I wasn't able to pay anymore.  I understand late fees, penalties, etc, but again They have not shown me anything, how do I know this is my debt?

 

No ....... I wouldn't settle without any proof either.

These are the kind of questions that I hope you asked during discovery.

Link to post
Share on other sites

Ya, trust me I'm hoping.  But would you settle w/o any proof?  I have seen nothing.  How do I know where the 19k came from.  It was only 9k when I wasn't able to pay anymore.  I understand late fees, penalties, etc, but again They have not shown me anything, how do I know this is my debt?

I wouldn't settle with any proof. The only time I would settle would be (maybe) after they won at trial (and that is assuming I lost an  appeal as well). But each person is different and it depends on your ability to learn, and  how well you can handle yourself in the litigation & trial.

 

Not only "how do I know this is my debt?" but "how do you know they own it and have the right to sue you?". or "how do you know someone else does not own it and will sue you later ? (even if you settle with the wrong plaintiff (which this very well may be).

Link to post
Share on other sites

@Anon Amos

 

The only way that I see her beating this suit is if she can catch the plaintiff in a fubar.

Admissions not answered = deemed admitted (that's providing that she asked the right questions).

 

Believe me ......... it's not my intention to discourage her either. Just to get her to be proactive.

She's almost at the end of discovery and doesn't know what summary disposition is?

Yah I know. I was quick to the draw and asked a dumb question, I edited it right after words (after thinking for a couple of seconds) but you were even quicker. I know you don't try to discourage. This is a tough situation.

 

Bambi: if you were to consider settlement I would think it needs to be below the 9k mark, close to where you left off at least. Other things to consider would be if you own a home, or if you are judgment proof.

 

I would think settlement is premature

Link to post
Share on other sites

I'm sorry Bambi,

I know that this can be stressful and you don't need to be beat up anymore than you have been already by it.

It's just that you don't seem to be focusing on the relevant matters.

 

You need to be studying at least two hours a day ........ civil procedure, rules of evidence, case law ........ anything you can get your hands on.

 

Forget DV and the wedding ........ this could affect your future for quite a while to come.

Link to post
Share on other sites

Ok, thank you both. The reason I mention settle is because I know I owe a debt, and I am afraid I'll wind up losing anyways, but I'm not afraid of a fight. I know I won't be as correct as I should be but I can certainly give it the "ol college try".

Would I file a summary disposition first? Or isn't that something the defendant does. I guess I feel at this point that they haven't shown any proof, so in reality there are No triable issues of material fact.

What about the motion to compel discovery, can they do the summary disposition before that motion is settled?

I've gotten this far with all of your help, and believe me, when this all started, I would never have believed I would have gotten this far, so I'll keep going until the bitter end. I'm just afraid I'm going to make a complete fool of myself because I'm so uneducated about this stuff. I wish I could find someone who is somewhat knowledgeable to go and help me.

Link to post
Share on other sites

Would I file a summary disposition first? Or isn't that something the defendant does. I guess I feel at this point that they haven't shown any proof, so in reality there are No triable issues of material fact.

 

 

 

You can, and some defendants do.

 

 

What about the motion to compel discovery, can they do the summary disposition before that motion is settled?

 

 

 

No, I doubt that will happen. (assuming this motion is already in place) If this motion has not yet been filed then they can (but it will be easier for you to defeat).

 

I've gotten this far with all of your help, and believe me, when this all started, I would never have believed I would have gotten this far, so I'll keep going until the bitter end. I'm just afraid I'm going to make a complete fool of myself because I'm so uneducated about this stuff. I wish I could find someone who is somewhat knowledgeable to go and help me.

 

 

 

 

I would not worry about making a fool of yourself. There may be free legal help from your BAR website, and attorneys offering help pro bono, and possibly the law library as well. If your lawsuit was in California I could be of more assistance. I do like the idea of fighting it however.

 

 

 

 

Link to post
Share on other sites

Yep, motions in place, set for court on Aug. 30. I'll check out those possibilities you suggested for help. I've looked at legal aid, but that was no help. I wish you were in MI, I'd take you up on some help. But. . . . . I'll keep plugging away, thanks to all of you.

Link to post
Share on other sites

Yep, motions in place, set for court on Aug. 30.

 

 

Good Job. If you were able to get that far (and continue learning / fighting) you always have at least a 50% chance (someone has to win).

 

BTW; I forgot to ask earlier, did you also send them request for production of documents?

Link to post
Share on other sites

 I'm just afraid I'm going to make a complete fool of myself because I'm so uneducated about this stuff. I wish I could find someone who is somewhat knowledgeable to go and help me.

 

Educate yourself ........ knowledge is power.

 

Questions.  In post #113 of this thread you stated that your "pre-trial hearing is scheduled for 9/9".

Will this be the first pre-trial you've attended?

Has there been a trial date set yet?

Link to post
Share on other sites

Yes, trial date is 10/4, and motion hearing is 8/30, and then pre trial you know. So, if they are required by the judge to produce the ROGS, there isn't much time before pre trial. Will I get them in time?

And yes Anon Amos, I did request POD.. I heard from them after I filed my motion to compel, but their answers were basically nothing. I posted it on pg. 6. So, I'm going to gomthrumwith the hearing because they didn't really give me any solid info.

Link to post
Share on other sites

Yes, trial date is 10/4, and motion hearing is 8/30, and then pre trial you know. So, if they are required by the judge to produce the ROGS, there isn't much time before pre trial. Will I get them in time?

 

Pre-trial is just a check by the court that the case is progressing. It won't matter about the time to get the documents to you.

Concentrate on coming up with the reasons you need to have those documents in order to convince the judge at your motion hearing.

If your motion hearing goes well ........ you will have some leverage at your pre-trial to make plaintiff look like they're not cooperating with the rules of the court.

Forget about the documents you requested pertaining to 'ownership' this is the OC.

 

Also, when the time is up for the admissions to be served to you ....... add 5 days ..... and immediately file a motion to have them deemed admitted.

Like Flyerfan suggested in a previous post ......... timing is the key.

 

Get to work on that motion now so that when the time comes ......... out it goes.

Link to post
Share on other sites

And yes Anon Amos, I did request POD.. I heard from them after I filed my motion to compel, but their answers were basically nothing. I posted it on pg. 6. So, I'm going to gomthrumwith the hearing because they didn't really give me any solid info.

Yah, I remember now. You just have to keep fighting and learning. See what they come up with and learn how to attack it (not in that order however).

Link to post
Share on other sites

Well, I'm feeling quite deflated.  I received a BIG packet in the mail today.  It is the Plaintiff's supplemental answers to defendants request for POD.  It also has copies of cancelled checks, and monthly statements for 2 years.  It states the account was opened online, so there is not signature, but has attached a copy of the online app.  No copy of any charge slips, no written agreement, and  he still references to the account being 20 years old, when on the online app., it clearly states opened in 2001.  The other thing, is it states I was sent a letter demonstrating an attempt to collect this debt, and I was never sent that letter until 3 weeks ago, and I know that is in violation.

 

Now, he also sent:  PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION TO COMPELL AND REQUEST FOE LEAVE TO FILE A DISPOSITIVE MOTION.

 

Yikes, what is that?  He answers the points in the motion, but then goes on to add:

7.  Plaintiff further asserts that this Honorable Court's original dispositive motion cutoff date has passed prior to Plaintiff being able to compile the documents in support of this matter.      What does this mean?

 

8.  Plaintiff has since presented over two years of statements as well as cancelled checks evidencing the account has become "stated" and there were no objections to the balance prior to those payments.  I never had the chance to object, as I didn't receive a letter allowing me to request DV.

 

9.  That the final balance on the account is consistent with the amount prayed for in the Complaint.

 

10.  That the evidence now offered is support of Plaintiff's action in indisputable proof that the account existed, that Defendant consistent to the balance by use and payment on said account, and that there remains no material issue of fact for this Honorable Court to decide.

 

11>  That proceeding to trial in this matter is unduly prejudicial to Plaintiff.

 

12.  That it is in the interests of justice and judicial economy to allow Plaintiff to bring a dispositive motion before this Honorable Court to reduce the costs of litigation to the parties and the expenditure of resources by the court to address a matter for which there exists no cognizable legal defenses.

 

WHEREFORE, Plaintiff hereby requests this Honorable Court deny Defendant's Motion to Compel Discovery and grant Plaintiff leave to file a dispositive motion in this matter.

 

 

Oh boy, I don't know what all of this means.

 

Sorry this is soooooo long, I'm kinda freaking out over this.

Link to post
Share on other sites

If the alleged account was opened in 2001 what was the date of your last pmt?? Should be in something they just sent you.  Also in my state we have 20 days after they send the collection letter to request debt validation. They don't send you a letter about it. It looks to me like they realized they got their stuff in late and are asking the judge to give them "another chance" to file probably a MSJ against you.  However I am certainly not a lawyer so we'll wait for someone to chime in. Don't worry too much.

 

You may be able to file sanctions against them for not responding to discovery. Someone will pipe in

Link to post
Share on other sites

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

 

deleted

Link to post
Share on other sites

A dispositive motion is a request to the court to dispose of the matter, prior to trial; this is the plaintiff asking the court for permission to file a motion for Summary Disposition.

 

7.  Plaintiff further asserts that this Honorable Court's original dispositive motion cutoff date has passed prior to Plaintiff being able to compile the documents in support of this matter.      What does this mean?

 

It means that the time for production of documents has passed and your motion to compel has gotten them off their butt.  Start to work on a motion in Limine or motion to preclude the additional documents that they have just provided .......... according to the rules ........ they're too late.

 

8.  Plaintiff has since presented over two years of statements as well as canceled checks evidencing the account has become "stated" and there were no objections to the balance prior to those payments.  I never had the chance to object, as I didn't receive a letter allowing me to request DV.

 

This is not about the DV. This means that, during the course of the life of your alleged account, you never objected to the balance of the account running.

Canceled checks in evidence is damaging to your case. This is an OC .......... they could have them.

 

The other thing, is it states I was sent a letter demonstrating an attempt to collect this debt, and I was never sent that letter until 3 weeks ago, and I know that is in violation.

 

I did tell you to save the envelope which that letter came in to prove the date that the letter was sent. Did you?

I really don't know what kind of violation you're hoping for but, it could be a disputable matter during MSD.

 

You should probably file an answer to plaintiff's response to your motion to compel and rebut everything they claim, preferably with case law and/or civil procedure to backup your arguments.

Link to post
Share on other sites

Yes, I did save everything, including the envelope.  I'm sorry, I don't understand # 7.  What kind of motion would I write?  So what is a summary Disposition?  Do we still have to go to  court on the 30th for the motion?  How long do I have to respond to their motion?  Do I answer each item? 

 

Uggghh, sorry to be so "dumb", I really appreciate everyones help.

Link to post
Share on other sites
Guest
This topic is now closed to further replies.