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Help with Midland Funding in Michigan


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I am being sued in 72nd District Court of St. Clair County, MI. By Mary Jane Elliot for Midland Funding for a Continental Finance Mastercard. We went to pretrial and had discovery set. Lawyers were a few days late getting "proof" back to me. What they sent me was a generic application with my info typed in...no signature...then what looked like a print out from continental finance for where to send the check back in 2008...but no receipts or anything else that would prove I applied for and used this card. I cant afford a lawyer and I dont want them to win. I suffer from Panic attacks around too many people espcially if they are loud and aggressive. I dont understand 3/4 of the legalese used. I need cut and dry what to file, etc...please help!!!

pka
port huron, michigan

 

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Proof that it was mine.  I would think that would have or should have included maybe a signature...or statement of where card was used....if I had one I would have known where I used it....transaction number, something....but all I got were bills of sales between several jdb and a generic form that any WORD program can make.  No signature...If I used it I would have had to sign at the register...I work retail...

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If that's all they sent in discovery, they are pretty much hoping for a debtor that doesn't fight back and obtaining a default judgment.

You will need to study up on how to attack their standing to bring suit against you; especially if this alleged debt has gone through several junk debt buyers.

 

Here is a pretty decent discussion on standing.

I'm sure you have already read the thread on defending yourself in Michigan that Admin posted for you yesterday.

This forum is full of threads on how to beat Midland.

 

Post the complaint, redacting your personal info, and we'll see what can be done.

Also might want to copy and paste these questions back into this thread and answer them ......... it will bring those willing to help up to speed.

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Well since I have been working and then had some computer issues...wasnt able to get things copied and pasted...will take a few hours to get everything retyped into here or scanned and copies...and since I am pretty sure I am out of time and I CANNOT SPEAK IN A ROOM FULL OF PEOPLE I cant properly argue.  With it being just a trial in front of judge with no jury.  I will simply just deny it being mine and that my signature is not on any of the papers the plaintiff sent.  

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ok pka not to sound harsh, you do that, and you will have a judgement against you.  It doesn't even matter if the debt is real, they will win. Just saying.

If you truly want to win like you said, you will have to put the work in.  No one here can do that for you, we can only gently lead you in the right direction.  You get a full blown education when you fight one of these suits, but it will take your time, and your willingness to learn to do it.  MI has special sets of rules, In my opinion it is harder to win there than most of the other states.  bmc100 has done it multiple times, but it was not without work he put into it. Good luck to you. (most of the time the work you do is all on paper, and you don't see a trial, except maybe show up for the MSJ they WILL file on you, and dispute it.)

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Then I will just call the lawyers up and set up payments.  I have no chouce.  Cant afford a lawyer and cant function like a normal human in a room full of people.  You dont fully understand my situation and my anxiety issues.  Shouldve just settled even if not mine.  Probably a hell of alot less stressful and wont have to take as much xanax.  

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If that is the stance you are going to take, then I cannot help you. Be my guest and pay a company you do not owe money to. If you cannot function around people, then how are you able to work?

 

On a normal day in court, the court room is not flooded with people and motion hearings are usually one of the last cases the court will hear for the day or worst case, the court has a specific day to hear motions.

 

IN my wife's case with Stellar, the day of trial there were 3 other cases. Four attorneys and three Defendants.

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@bmc100

+1

 

My very first appearance in a court room was to defend myself against plaintiff's Motion for Summary Disposition. I was so nervous I felt nauseous and came very close to walking out and letting them have their judgment; but I didn't.

 

The court room was about half full and I was embarrassed that I would have to get up and defend myself against an alleged debt but, I got lucky and my case was the last to be called.

 

Turned out that I never had to say a word; my pleadings were tight enough that the judge took it upon himself to ask the plaintiff a few questions and then he ruled on their MSD.

 

DENIED.

 

I'm very glad that I didn't walk out.

If I can do it ........... so can you with the gracious help that this board can give you.

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If I can see that there is no real proof that this is mine,then the judge should see that as well, and I have poured over everything all the affidavits that say its true and the bills of sale between one company and another...at least three, and no where does it say I applied for and used this card, I would think the original creditor would have had records of use in their computers before they charged off and sold....and if I am honest and answer the judges questions truthfully then it all should be fine.  On the courts website I couldnt locate the documents that the other posters used....unless its worded differently, I looked at everything.  The judge has been there for a long time and has a reputation for being fair.  The court is aware of my anxiety issues, and yes I am able to work because I have a awesome mgmt team that sees my value to the company and respect my differences from other employees.  And not everyone can afford to file motion after motion, one file fee is a half tank of gas or three days of food for my family....  all I had asked for was cut and dry help, not legalese or negativity about not wanting to take the time.....I dont have hours to do this, I have other responsibilties that take time,work,, children, etc......I will just be honest.  Sometimes it does work.  

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OK .......... no legalese, no negativity ....... just plain honesty.

 

You will soon be facing Summary Disposition which you will have to respond to much like you did with your answer to the complaint. If you don't do this you will have a judgment against you and they will take that half tank of gas and food from your children right off their plate.

 

You will have to do the work and the research; no one else can do it for you as it could result in unlawful practice. We can answer questions that you may have but, it's only our opinion and not legal advice.

 

You will have to prioritize your time and responsibilities as you see fit. I would think that keeping as much money for gas and the kids would be a high priority.

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No one is trying to force you to do the work.  But although the judge may be fair, he has to rule according to the law.  If you do not learn how to defend yourself, he has no other choice but to rule for them.  Seadragon lost a case he DID fight where the loan was someone else's,that he didn't even know. he put in the work, and still lost.  You can get your filing fees back should you win, otherwise you are looking at a judgement--don't know if you own anything they can take, but they will try and take it.  Not trying to be negative, just want to let you know what is ahead.  Good luck to you.

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Savior,

 

The prevailing party can recover costs in Michigan. It is so cheap to defend these suits that one rarely has costs, the only cost will be $20 to file a motion.

 

To the poster who started this thread, it seams like you are already have your mind set. There are no cut and dry answers to your questions. The laws are forever changing every day, with every new caselaw and everytime an ill-informed pro se defendant tries to defend a collection case where bad caselaw is created that hurts everyone else.

 

NO one here is negative, just honest with you. If you do not know what you are doing, you can pour over every document the JDB or attorney sends you, but you will not know what you are looking for. Further, without seeing these documents, their complaint, your answer and affidavits, there is no way to answer your questions.

 

It is people like you that makes me think, why should I share my experience and knowledge on this board anymore. I do not take it personally, but I have more important things to focus my time on. I think I am up to roughly 20 posters on this board of which have used my threads, pleadings and ideas and beat these c*** sucking JDBs.

 

Yes, I work 50 hours a week, have a family, have interests I am actively involved in and still have time to learn this stuff.

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Thanks bmc100 for weighing in, I knew I had read where you were going to collect your costs after you won a case, I try to research a bit before I post if I am not sure, I don't want to guess when giving my opinion.  BUT I do want to be corrected if I am in error. :)

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Well since I have been working and then had some computer issues...wasnt able to get things copied and pasted...will take a few hours to get everything retyped into here or scanned and copies...and since I am pretty sure I am out of time and I CANNOT SPEAK IN A ROOM FULL OF PEOPLE I cant properly argue.  With it being just a trial in front of judge with no jury.  I will simply just deny it being mine and that my signature is not on any of the papers the plaintiff sent.  

 

@pka here are some thoughts:

 

Would it help to take a day off and go to court just to watch what happens?  That might help dial down some of the anxiety.

 

If you have a condition that is severe enough that you are under professional care, is there relief under the ADA?

 

You need to understand that we do not have a justice system, we have a legal system.  It has its rules and you need to understand them.  Think of it like learning chess.

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Would it help to take a day off and go to court just to watch what happens?  That might help dial down some of the anxiety.

 

If you have a condition that is severe enough that you are under professional care, is there relief under the ADA?

 

You need to understand that we do not have a justice system, we have a legal system.  It has its rules and you need to understand them.  Think of it like learning chess.

 

+1

Good suggestions!!

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