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Michigan Questions? - Discovery, Fraud, Sanctions etc..


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Michigan Courts

 

I really really want to get some suggestions on the seemingly unique situation I am in but a bit fearful of revealing too much publicly.  There seems to be obvious fraud going on in my case but naturally I am not confident or experienced enough to determine this and would like to provide a summary.  

 

How much can we reveal in these forums and has it hurt anybody?  

 

This forum is great and regular non-legal folks don't have many options.    I live in a rural area with no real options for a good attorney willing to go all the way.  How do we stop some of these fraudulent practices?    

 

 

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We have had one instance we have been made aware of where a collection attorney read a user's posts and used them as evidence in court.  In this particular case, its possible the defendant was actually bating the attorney.

 

There may be others...

 

You would probably be safe if you post details without names or identifying info.

 

You might also check www.naca.net to see if there is a consumer lawyer nearby who will offer a free consultation.

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Ok,.  

 

I will keep this simple..

 

What is the best way to answer all the discovery questions if the Plaintiff has not adhered to the judge's request in the court letter sent after the summons and answer?  Can I just object until the plaintiff fulfills the request?  The request is to send a copy of all documents to the agreement and assignment of the account alleged in plaintiff's complaint and all periodic statement for the account alleged ...  The JDB only sent a year or so of statement and a non-notarized, no-bank header plain piece of paper with bank name person signature showing transfer this year.  Obviously this is fraudulent because I am pretty sure there is a whole line of about 6 or 7  JDB's involved in the chain over the last 4 years. 

 

The date for the plaintiff to adhere to the judges request is out further then the million discovery questions they sent in December right before the holidays.  There are many tricky questions which have already been answered in my original answer.

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I'm not sure I'd call that fraud. If they haven't complied with the judge's order, there should be recourse in the Michigan rules, potentially sanctions. 

 

It is not in your best interests to refuse to answer their discovery or they will seek recourse over your failure to answer.

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What is the best way to answer all the discovery questions if the Plaintiff has not adhered to the judge's request in the court letter sent after the summons and answer?  

 

You should answer them to the best of your ability ........... objecting if the requests are vague or confusing, denying if they are untrue or you don't have the documentation they are requesting. Lots of posts on answering discovery requests on this forum.

 

 

The request is to send a copy of all documents to the agreement and assignment of the account alleged in plaintiff's complaint and all periodic statement for the account alleged ...  The JDB only sent a year or so of statement and a non-notarized, no-bank header plain piece of paper with bank name person signature showing transfer this year.

 

They may have sent you the only documentation that they have ........... I'm with Spikey ......... this is not fraud.  

 

Obviously this is fraudulent because I am pretty sure there is a whole line of about 6 or 7  JDB's involved in the chain over the last 4 years. 

 

How do you  know? Can you prove multiple transfers?

It may have happened this way:

JDB #1 bought the account .......... decided it wasn't worth pursuing and returned it to the OC.

JDB #2 did the same thing ......... yada .........yada ........ yada, so it could be that this JDB did buy it from the OC.

I don't know .......... this is just speculation based on your speculation but, if you allege fraud, you better be able to prove it.

 

 

The date for the plaintiff to adhere to the judges request is out further then the million discovery questions they sent in December right before the holidays.  There are many tricky questions which have already been answered in my original answer.

 

Your answer and their discovery requests are two different animals. Your answer directly involves the court; discovery is between the litigants with no court intervention unless there is some need to compel answers.

 

If your deadline to respond to plaintiff's discovery falls before the deadline for plaintiff to respond to the court order to provide documentation to you then you better follow procedure and answer ........... you can always bring up plaintiff's failure to comply with the court order ....... if they don't comply within the time allowed.

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How do you  know? Can you prove multiple transfers?

It may have happened this way:

JDB #1 bought the account .......... decided it wasn't worth pursuing and returned it to the OC.

JDB #2 did the same thing ......... yada .........yada ........ yada, so it could be that this JDB did buy it from the OC.

I don't know .......... this is just speculation based on your speculation but, if you allege fraud, you better be able to prove it.

 

There's also the possibility of assignments versus sales. No matter what though, they need to prove they purchased your account as normally accounts are purchased in bulk.

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Thank you ...  

 

I am doing my research on your forums..  Many of the forum users have had the same challenges and I will follow  those instructions.

 

I found this on michbar article interesting when answering the discovery question.   It seems  these JBD's use this type of strategy..   http://www.michbar.org/journal/pdf/pdf4article958.pdf

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I found this on michbar article interesting when answering the discovery question.   It seems  these JBD's use this type of strategy..   http://www.michbar.org/journal/pdf/pdf4article958.pdf

Thanks for posting this! I came across this same article after we'd submitted our discovery requests and responses. I wish I'd seen it before. Yes, the JDB attorney in our 2nd lawsuit used this tricky Interrogatory/Admission combo. To avoid inadvertently admitting to a material element, defendants must carefully read to first understand and then answer.  In both suits, the JDB attorneys employed tactics to delay/thwart our requests to make it very difficult to complete discovery by the court deadline. Typical Pro Per early lack of knowledge and nerve let us be steamrolled--at first. Happily, the CIC forum, Google Scholar and immersion in Michigan Court Rules resulted in the judge granting our motion to compel and denying theirs.

 

JDBs rarely have much in the way of business records when they file suit, and need a lot of time and perhaps money to obtain any that could still be available from the original creditor (OC). If they are farther down the assignment chain, they likely have to request more documents from the first debt buyer to purchase the account from the OC, as per the OC's forward flow agreement. Some experienced CIC posters suggest hitting your JDB adversary with discovery requests and admissions as soon as your court allows. Your strategy/tactics should be based on the specific facts of your case and who your plaintiff is--OC or JDB. 

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