jrg24

Being sued by Midland with Stillman Law Office as Attorneys

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Is it to late to send out  a Letter to Confer on the POD  since they state they are still looking for the alleged credit card application, agreement, contract, and notarized statement of someone with personal knowledge, any and all other doc. that show an established debt or account with Midland?

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1. Did they supply an affidavit at all with the complaint?

 

2. Does the account statements show purchases or payments made?

 

3. They claim you did not raise a valid defense? MCR 2.116©(9)? In the MSJ examples I sent you, I have caselaw from the MI Supreme Court addressing MCR 2.116©(9).

 

4. If the judge does not grant their MSJ and they have no witness present for trial, the judge will dismiss the case.

 

It seems like this judge is wise to the tricks these JDBs pull and is getting fed up with it.

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1. Did they supply an affidavit at all with the complaint?

 

2. Does the account statements show purchases or payments made?

 

3. They claim you did not raise a valid defense? MCR 2.116©(9)? In the MSJ examples I sent you, I have caselaw from the MI Supreme Court addressing MCR 2.116©(9).

 

4. If the judge does not grant their MSJ and they have no witness present for trial, the judge will dismiss the case.

 

It seems like this judge is wise to the tricks these JDBs pull and is getting fed up with it.

 

1. Yes there was an affidavit but it is stale dated April 4 complaint filed May

 

2. Out of the ones they sent only one has a purchase and half have a payment noted, they have however blocked out some information on the statements seem to say  Summary of Account Information, Payment Information and a few areas I cannot decipher.

 

3. Yes , They are claiming MCR 2.116©(9), I will go back and look up the caselaw.

 

4. So I take it that  it is ok that the trail is to happen the same day a few hours apart?

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I found the affidavit you posted. There is no affidavit authenticating the account statement they attached to their MSJ. There is no affidavit authenticating the bill of sale?

 

This should be fairly easy to beat. Now, you need to create an opposition to their MSJ. I know I sent you examples of oppositions.

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bmc 

 

there is another affidavit but it just states that a "pool" of charge-accounts were sold.

 

I can't find the information. I know I have it but it has gone missing from my email, I am sure I will find it, just so frustrating.

I have started my opposition MSJ will continue to work on it while searching for that caselaw 

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bmc I found some of your caselaw regarding account stated and valid defense on this site so I am putting that in my Opposition MSJ, you have a great writing style I plan on utilizing some of it when writing mine 

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1. You copied and pasted the example I emailed to you. Not a good idea.

2. Do you know what these arguments mean and how to quickly explain them to the judge?

3. This is a credit card case, not an actual contract claim. Some of the arguments hold no merit. The original poster I wrote this for, his case was based on an acutal contract.

4. In the statement of facts, you need to rebuttal their statement of facts.

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I have looked over the Michigan Rules of Civil Procedure and can't find anything regarding this....I have my Motion for Summary Judgment coming up and need to know what to do with my Opposition  do I send a copy to Midland? the Judge? both or none?  

 

Also does the Plaintiff get a copy of my trial brief or just the Judge? My MSJ is the same day as my Trial.

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File your opposition with the court and mail a copy to the plaintiff (CMRRR) along with a certificate of service.

Plaintiff should receive a copy of all your pleadings .... even a trial brief.

Be sure to file within the time lines.

MCR 2.119 (Cee)

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Hey did they ever answer your admissions? If not when you go to the court house why don't you file a motion to have their admissions deemed admitted? (Check your rules if this is the proper way to do it in mi).

Also, remember There is no affidavit authenticating the account statements they attached to their MSJ. There is no affidavit authenticating the bill of sale, pound these points hard at trial.

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1. You copied and pasted the example I emailed to you. Not a good idea.

2. Do you know what these arguments mean and how to quickly explain them to the judge?

3. This is a credit card case, not an actual contract claim. Some of the arguments hold no merit. The original poster I wrote this for, his case was based on an acutal contract.

4. In the statement of facts, you need to rebuttal their statement of facts.

1. I never received this via e-mail I received a few ROGS, and perhaps something else discovery based (which I appreciate), although I would not have turned down the additional information. I was using it as a template and the cut and paste method was a mistake but I didn't want to mess the entire thing up I have made it more suitable to my case now.

2. Of the arguments I am planning on using I do know what they mean and can explain them (the key points)

3. They are claiming breech of contract in the MSJ .... I am addressing and pointing out the fact they have not supplied the alleged contract on which they are basing the claim of Breech on to the original complaint or the MSJ on nor have they proven account stated.

4. In the Statement of Facts I have made sure to rebuttal  sentence for sentence, I am well aware that this is a war of words, based on a few documents and a lot of case law.

 

I have been reading and high lighting cases, the Rules of everything, spent countless hours even dreaming about what I have and have not included in this and that. I am grateful to everyone that has helped and pointed me in the proper direction, as a newbie I didn't know how to find a case what to decipher out of the documents that were sent, basically my head was in the sand, but thru the kindness and compassion of the people on this site I have become a less desperate more knowledgeable NEWBIE and will continue towards the ultimate goal of defeating this JDB.

 

Now  I am off to once again gain knowledge.

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Hey did they ever answer your admissions? If not when you go to the court house why don't you file a motion to have their admissions deemed admitted? (Check your rules if this is the proper way to do it in mi).

Also, remember There is no affidavit authenticating the account statements they attached to their MSJ. There is no affidavit authenticating the bill of sale, pound these points hard at trial.

They did answer my admits I never got the opportunity to send a sec set instead I received the MSJ had to concentrate on that and the trial (same day).and already on that fact regarding the account statements thanks again

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::leaving:: I am heading off to the MSJ hearing this week will keep everyone posted on the outcome. I am very nervous but feel confident at the same time not sure how that is possible but that is how I am feeling. I have my suit and my briefcase at the ready. Off to battle Midland....... 

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Defeated the MSJ and then they DISMISSED unfortunately without prejudice but it is still a WIN!!!!!!

 

 

 

Stillman said there was a 1% chance that Midland would file again.

 

:PartyTime:  :cheerleader: 

 

 

 

Thanks to everyone for your help, Spikey, Savoir, admin, shellieh98, BV80, Mantis Knight, and a special thank you to peanutrs for holding my hand and leading the way I really needed it and also a thank you note to bmc100 I know that I gave you a headache on more than one occasion, more than likely a migraine or two and for that I apologize, and I hope you will continue to help others win their cases against these JDB’s.    

 

 

  

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