bambi

being sued, what's next?

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  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.

 

OK .......... I'm done here.

In post #149 of this thread I told you that you would be soon facing a MSD ......... and now you're asking what it is?

It is very obvious that you're not interested in defending yourself or you are relying on 'everyone' else to do the work for you.

The very least you could have done was a Google search for Summary Disposition .......... but, apparently, you didn't even do that.

 

I hope that the judgment against you isn't too much of an inconvenience.

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I'm sorry if I appear to be lazy, at 58, I'm not the most proficient on the computer and searching. I did search for a summary disposition but I don't always understand "legal" talk, and it goes over my head. I've spent hours upon hours trying to figure things out and do what I need to do to move forward. Preparing and filing my first motion was a very huge deal for me, and now this one just seemed to take my breath away. In searching on the Internet I am so confused about how to respond to this. I'll just keep plugging along, and do my best to try and figure it out. I have been trying to research many of the past posts on this site that have had similar cases to learn from them as well, although many seem to be involved with JDB as opposed to OC. It gets very overwelming, and hard to follow sometimes.

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It took me almost 8 months of studying case law to file motions and to defend myself at trial. We are here to help and guide you to the places to find what you need. I suggested way back to read  Michigan Rules of Civil Procedure. If you had you would know how this process works.

 

No one helped me type all the motions and opposition to their motions. Just some guidance. You can use google law to find out most of the questions you keep asking.  If you truly think you are too "dumb" as you put it to handle this I would advise you to get a lawyer or go to the law library near you or college library and find a pre law student to help you. Or craigslist sometimes retired lawyers will help with paperwork for a nominal fee.  But really we will not do all the work for you.   Good luck

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I'm sorry if I appear to be lazy, at 58, I'm not the most proficient on the computer and searching.

 

Girlfriend ........... I'm 65 .......... totally self educated about computers and civil litigation ........ if I can do it so can you  ...... with some effort.

If it goes over your head ............ research it until you understand.

Good luck to you.

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LOL  I'm 55 and also a woman who knows to win you have to learn. I'm not all that computer literate. Someone had to tell me how to even post.

 

But I guess it boils down to this. Do you want to win and owe nothing or lose and PAY PAY PAY????  It's really up to you not us. We are definately here to help and advise no matter what state ,how old, lawyer or not, but you have to be willing to do some work and then we help critique.  You still have plenty of time to get your case together.  I know it is scary when they send you a big packet of stuff.  But all that stuff can be beaten.

 

Go back through your thread and see what everyone has advised you to do and write down the pertinant things.  I have three notebooks full of stuff as my printer was broken.  I spent a solid week at the library typing up motions . They are so helpful there. I did not know how to make the little ss law symbol and they helped me.  So people will help but not do it all is what I think we are all saying.

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I totally hear what you all saying and appreciate the help and encouragement. I feel better knowing you needed help to learn how to post too, so did I. It sure becomes overwhelming working full time on top of it, but you really have given me some good ideas and I'm going to head your advice. I guess my biggest fear is writing up a motion and trying to make it all correct and cite some law or rule that is incorrect or inappropriate and really look stupid. When you say library, are you talking about the public library, or a law library? I like the idea so trying to find someone on CL to help me with some of these, so I may check that out too. Now that they have made a SD, how long do I have to respond before any decision will be made?

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I went to the public library to type all my stuff and used microsoft doc format. The librarians were helpful with computer stuff.  For law stuff you will need to go to the law library. Ask the librarian where to go for help or if there might be a student to help you with a motion.  Sometimes on Craigslist you can go to the barter section and type in lawyer and see if they will help a little.

 

Okay it looks like you have 21 days to get your motion to oppose summary disposition. Go to Michigan Rules of Civil Procedure or courts.MI.gov/civil procedure.

Go to Chapter 2 civil procedure    Go down to Rule 2 (Its a ways down)  Go to B. Motion Look at number 1 A party may move for dismissal of or judgement on all etc......  Then read 2. A motion under this rule may be filed at any time consistant with the above subrules, but the hearing on a motion brought by a party asserting a claim shall not take place until at least 28 days after the opposing party was served with the pleading stating a claim.

 

Written motion must be served 21 days BEFORE a hearing. Any response to the motion must be filed & days BEFORE the hearing.

 

So look to see when the hearing is and did they serve you 21 days prior?  If not you use untimely service of motion in your opposition.

Now stay at the Rule and read 8,9, and 10. These are very impostant to the judge ruling against their motion.

 

You have to find MI case las somewhere that says there is at least one genuine iss as to shy this should not be dismissed but go to trial.

 

I used questioning a witness because I listed one in my discovery.  They also filed on me in an untimely fashion. I think you should use they filed in bad faith as you asked for a motion to compel discovery. So those are genuine issuses for trial.

 

So read that stuff and start to understand what you have to get together in your motion.  And check the time frames .You have to oppose this or they win. And you have to get it in 7 days before the hearing.

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@bambi

 

Maybe you can check your state bar website and look for legal advise and pro bono lawyers etc. Sometimes there are lawyers that will help, or legal self help information seminars. Or you might find a lawyer to help at discounted rates. You might be able to get directed to these types of lawyers from your local law library.

 

My concern for you is not so much can you learn and properly defend a debt case?; but rather the fact that this is an OC; and even more importantly: the fact that they have produced proof of payments.

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Thank you so much. I was doing some research today, but did not come across the info you gave me, hot in az. (Btw, does that mean you're hot, or it's hot?). Anyways, we dont have a law library near me. It is about an hour away. But I was searching paralegals and I'm going to try to see if that is an option, and I will also check out the suggestions you gave me anon Amos. I do feel I have some issues to raise in my response. First of all, the affidavit that was submitted was signed 2 months before the suit was filed. I would like to subpoena the affiant, but I haven't written that up anywhere yet. I need to figure that one out. Plus, they never sent me a collection letter prior to the suit. From what I read today, many of their responses for POD were vague and not sufficient, so I could expand on those as well.

As far as the timing goes, I received the motion yesterday, 7th, and the hearing is on the 30th. So they were within their limits. But they were untimely with POD answers. I've definitely got my work cut out for me, but I'm going to push forward and look for help and get something filed.

Thanks again, I'll keep you posted.

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I meant it to be that it is very hot in Az . But some young guys at poker do call me Mrs Robinson. Lol.  I think you are now in the right mind frame and can do this.I don't know why if you googled Michigan Rules of Civil Procedure that the website did not come up. I can go into any state and pull up their Rules.  Just like I did for yours???

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I'm trying to work on a motion to answer the SD, but I'm really struggling with that. No I have not found anyone to help. I responded to a posting on Craig's list, (twice) but they never replied back. A paralegal. I have called legal aid, with no luck, and now I've been searching for an attorney in my area but most are bankruptcy lawyers, which I don't want, so I'm trying to search on line but not having much luck. Even the bar assoc. of MI didn't give me much info.

But it just dawned on me that I sent them an admissions request, which they have until 8/17 to respond by. I've been so wrapped up in this SD, I forgot about admissions. I should probably draft a motion for that too, just in case.

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Is there a community college near you?/ Call and see if there are any pre law students willing to help you draft this motion. Getting that denied is everthing to your case . Do not wait until the last minute. Get some help. Check Craigslist for paralegals. They know how to draft motions.

 What city in Mi are you in??/ Maybe I can help you find someone.

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Thanks for being so willing to help me. Part of my problem is I work during the day, so trying to find help in the evenings is hard because everything is closed by then. I did check Craigslist, and was unsuccessful. We have a CC in the next larger city over, but I'd really like to find something closer to home if I could. I live near the lakeshore, near holland. I'm trying to find a law office but I'm worried about the cost. I will keep looking over lunch today and hopefully have some success.

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On craigslist for Holland go to legal services. There is an add from a person from Valparaiso (my hometown ironically)  who says he will do legal research in Holland. I sent him an e-mail to see if he would be able to help you. I'll let you know if he answers.

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This where I'm at. I talked with an attorney over the phone today, and he said he didn't feel there was a whole we would be able to do, because I do owe the debt. But. . . . . Tmw is 28 days days since they received RFA, so he did say, see what happens with that, and then possibly file a motion to deem those admitted and then ask for a SJ (?). So I'm planning on going to a self help center on fri. To see if they can help me write up a couple of motions.

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This where I'm at. I talked with an attorney over the phone today, and he said he didn't feel there was a whole we would be able to do, because I do owe the debt. But. . . . . Tmw is 28 days days since they received RFA, so he did say, see what happens with that, and then possibly file a motion to deem those admitted and then ask for a SJ (?). So I'm planning on going to a self help center on fri. To see if they can help me write up a couple of motions.

Good for you Bambi, these sound like very good ideas. SJ is Summary Judgment (MSJ motion for summary judgment)There is a lot of information on this here (and the web) . You may need to file for one (or defend against one).

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Well,  you could try calling some personal injury lawyers plaintiff lawyers and ask to speak to a paralegal.  Then, ask the paralegal is he/she would be willing to help you for a fee.  I would call at least 6, ask them nicely,  who knows?  Maybe if you speak to a female paralegal, they might be more receptive to helping you.

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