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buddyapple

Asset against Me in MI update

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Hi everyone,

 

Just received a letter from Asset's Law firm with a court date of July 15th. Plaintiff's Motion to Strike Answer and for Summary

 

Disposition. They want theirsubmitted paperwork to be Prima Facie evidence, stating the Defendant failed to state a valid

 

defense and failed to file a counter affidavit to theirs. I had sent a Discovery request on the 25th of May requesting the

 

Cardmember Agreement and proof of Initial transactions, along with documents showingdefault date, charge-off date, the

 

Purchase Agreement and Bill of Sale.

 

It's ironic that they filed their Motion on June 7, just a week after I requested the items above. I will try to post the Motion in the

 

next couple of days for you.

 

I'm assuming this is normal procedure on their part. Just need some advice on how to handle this. Should I be filing anything, or

 

just go in on the 15th and ask the Judge to compel them to produce the CA, initial transaction records, default and charge-off

 

statements, and the Purchase Agreement, letting him know that is ALL I've been asking for all along, and we wouldn't be wasting

 

the court's time if they would just provide it. Here in MI I know of at least one Judge that has requested production of the CA

 

upon the Defendant's request. When they didn't produce it in a timely manner, I believe he dismissed it with prejudice.

 

I hope that more courts begin to take that stance. Once they've provided those documents there's really nothing more to argue

 

about.

 

THANKS AGAIN to all of you who have been of such great help here!

 

Best to you,

buddyapple

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Your going to have to do a couple of things post haste.

 

1 - Reply in opposition to their motion to strike the Answer. (That's different from a Plaintiff) 

2 - Reply in opposition to the MSJ. (The fact you requested discovery and they didn't produce should kill that)

 

There is a regular senior poster from Michigan that has a bunch of great suggestions for dealings in Michigan. Probably can locate him with a Google Search and find his post's on the CIC forum. They should come up in multiple places. 

 

HP

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Denying a claim or allegation is a sufficient defense.

 

MCR 2.116 (C )(9)
 The Defendant was under no obligation when filing her answer to provide anything more than to admit or deny the Plaintiff’s allegations. Further the Defendant denied the Plaintiff’s claims and allegations, in full, in the Defendant‘s answer and in this opposition argument.  In August v. Poznanski, 174 NW 2d 807 (Mich Supreme Court - 1970), the Supreme Court set aside Summary Judgment not because of disputed facts, but because the denial of material fact constitutes the pleading a valid defense. As Judge Bashara stated in the “The Elusive Summary Judgment Rule, supra 410“, “Summary Judgment for a failure to state a valid defense is a rare occurrence. One can generally defeat the motion by denying the allegation .”
 

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